What to Know Before Filing for Divorce in California
Ending a marriage is rarely simple, and early choices can shape your finances, property, and parenting for years. Whether you are preparing to file for divorce in California or have just been served with divorce papers, understanding the process helps you make informed decisions rather than reactive ones.
Confirm Where and When You Can File
California has a residency requirement. To file, you or your spouse must have lived in California for the past six months and in the county where you file for the past three months. If you have been served, you generally have 30 days from the date of service to file a Response.
California also has a mandatory waiting period. A divorce cannot become final until at least six months after the responding spouse is served with the Summons and Petition or first appears in the case, whichever comes first. The clock does not start on the filing date, and the divorce does not become final automatically when the period ends.
Know What You Own and What You Owe
California is a community property state. In general, property and debts acquired during the marriage are presumed to belong to both spouses, while property owned before marriage or received individually by gift or inheritance is separate property. Unless the spouses agree otherwise, the court generally divides the community estate equally.
Each spouse generally must serve a preliminary declaration of disclosure with the Petition or Response, or within 60 days after filing it. Start gathering tax returns, pay stubs, bank and retirement statements, mortgage and loan records, and credit card statements.
Understand the Rules That Apply Right Away
The divorce Summons includes standard family law restraining orders, which are separate from a domestic violence restraining order. These orders prohibit both spouses from removing minor children from California, or applying for a new passport for a child, without written consent or a court order. They also limit transferring, borrowing against, or disposing of property outside the usual course of business or the necessities of life. The orders apply to the filing spouse when the case is filed and to the other spouse once served.
While the case is pending, either spouse can ask the court for temporary custody, parenting time, or support orders through a Request for Order. Custody decisions focus on the best interest of the child.
A Common Scenario
Consider someone whose spouse proposes a quick agreement: one person keeps the house, the bank accounts are split, and the children divide time between homes. Without knowing how the home, retirement accounts, debts, and support fit together, that person may agree to terms that are difficult to change. Advice before signing usually costs far less than undoing an agreement later.
Why Legal Advice Should Come From an Attorney
Online forms and self-help centers explain procedure, but they cannot tell you what is realistic for you. When you hire me, you deal with me. I personally evaluate your case, give you a straightforward assessment of what you can and cannot achieve, and represent you in court.
Questions to Bring to Your Consultation
- How is my property likely to be characterized?
- Do I need temporary orders for custody or support?
- What deadlines apply to me right now?
- What should I avoid doing while the case is pending?
Speak With a Pasadena Divorce Attorney
For more than 30 years, I have represented divorce and family law clients throughout Pasadena, Los Angeles County, East Los Angeles County, the San Gabriel Valley, and San Bernardino County. I can’t help if you do not call. Call 626-304-7062 to schedule a confidential consultation.
This article provides general information about California law and is not legal advice. Reading it does not create an attorney-client relationship, and the outcome of any case depends on its specific facts.