Core Insights:
- Filing for divorce requires one spouse to meet California’s six-month state and three-month county residency requirements.
- The moment a divorce case is filed and served, automatic temporary restraining orders take effect, putting both parties on notice that they are not to remove a child from the state of California, cancel insurance policies, or transfer/dispose of property except in the usual course of business or for necessities.
- If you are the spouse who is served, you have 30 days to file a response, or the court can proceed to grant a default judgment without your input.
- Both parties are legally required to exchange complete financial records within 60 days of their respective filing dates before the Court will sign a Final Divorce Judgment.
A divorce is a difficult experience, and it’s natural to feel anxious or unsure. Most people fear the unknown. Yet, once you know what to expect, you will be able to think clearly. At Bremer Whyte Brown & O’Meara, we have seen first-hand how taxing these early days and weeks can be, especially when your family’s future is on the line.
Whether you’re taking the first steps to file or you were just surprised by being served divorce papers, the good news is that you don’t have to act immediately. You have 30 days to respond, so let’s go through how you can use that time.
What Are the Legal Requirements to Start Your Case?
The first 30 days of a California divorce mainly involve three phases:
- Filing initial petitions
- Formally serving your spouse
- Beginning financial disclosures
California lawmakers built a no-fault system so you do not have to prove infidelity or fraud to dissolve your marriage. To file a petition here, either you or your spouse must have lived in the state for at least six months and in the specific filing county for at least three months. California statutes recognize only two legal grounds for dissolving a marriage:
- Irreconcilable Differences is a broad, catch-all phrase meaning your marriage is broken beyond repair and cannot be saved. Only one spouse needs to feel this way for the process to proceed.
- Permanent Legal Incapacity is rare. It’s only applicable if your spouse has a severe, permanent medical or psychiatric condition that makes them incapable of making important life decisions. Formal medical testimony is required strictly in California for a legal incapacity divorce.
How Do You Prepare to File Your Paperwork?
Trying to make sense of the legal process while emotional will only complicate matters. Take your time during that first week to organize your documents before you file any paperwork. Seeking professional guidance early provides massive stress relief. With the correct support, you can gather your marriage certificate, your children’s birth certificates, your tax returns, and your bank statements.
Speaking with a divorce attorney at this stage will help clarify your questions. Retaining a lawyer doesn’t mean the start of a lawsuit. You don’t have to share with your spouse that you had an exploratory consultation. If you’re concerned for your safety, you can keep your plans completely private.
Do You Need Documents and Where to Get Them
To properly start a case, file the standard set of primary documents with the family court. You do not have to go through this alone. A divorce attorney can handle all of these filings for you. Otherwise, you can collect the mandatory, blank documents directly from the official California Courts self-help portal.
These forms are:
- The Petition (Marriage/Domestic Partnership) (FL-100)
- The Summons (FL-110)
- The Declaration Under Uniform Child Custody Jurisdiction (FL-105)
- Family Law Certificate of Assignment - Venue Declaration (SDSC D-049) (If filing in San Diego)
What Are Automatic Temporary Restraining Orders (ATROs)?
ATROs are protective orders that go into effect for the Petitioner once the Petition and Summons is filed and go into effect for the Respondent once they are served with the Petition and Summons. The purpose of the ATROS is to put both parties on notice that they are not to make large financial withdrawals, cancel insurance, remove the child from the State of California, and for the status quo must remain in place. It’s important to note that the ATROs don’t physically freeze accounts, but if one party violates the ATROs, the Court can make significant orders against that party - such as ordering monetary sanctions (fine) for their violation.
You’ve Just Been Served With Divorce Papers: What To Do
If you receive divorce papers unexpectedly, try not to panic. You have a full 30 days from the date you were served to file a formal Response (FL-120) with the court.
This 30-day window gives you time to consult a lawyer, carefully review the ATROs to avoid accidentally violating a financial freeze, and begin gathering your own documentation.
Do not ignore the Petition and Summons. If you fail to respond within 30 days, your spouse may request a default judgment. If you ignore the Petition and Summons, the court can finalize the case without your participation. Your absence means the court has the authority to make binding decisions. This includes child support, property division, and spousal support in accordance with your spouse’s request in their petition.
What About Finances?
The mandatory financial disclosure exchange begins for the Petitioner once the Petition is filed and for the Respondent after the formal response has been filed. This process requires both spouses to be financially transparent so that both sides have the same information. California law sets strict timelines for this paperwork. The person who initiated the divorce must share their forms within 60 days of filing the initial petition. The responding spouse has 60 days from the date of their reply to hand over their documents. This transparency keeps the process completely fair.
Seeking Support
Many couples resolve their entire divorce through a peaceful pre-trial settlement once these disclosures are complete. If minor disagreements pop up, courts recommend using a neutral third-party mediator. Child custody mediation is mandatory in California whenever parents cannot agree on a schedule.
Our team at Bremer Whyte Brown & O’Meara is here to guide you seamlessly through every step of this initial 30-day window. If you are ready to clear the uncertainty and protect your future, contact us to schedule your private consultation today.
Frequently Asked Questions
How long does it take to complete a divorce in California?
California law requires a mandatory six-month cooling-off period that begins the day the responding spouse is formally served. That means the marriage cannot be legally dissolved any sooner, even if both sides agree on every detail.
How much does it cost to file the initial paperwork with the court?
The standard court filing fee for the initial Petition is $435, and an additional $435 applies to the other spouse’s Response. If you cannot afford these fees, you can request a low-income fee waiver from the court clerk.
Do you have to go to court and stand before a judge to get a divorce?
Not necessarily. If you and your spouse can reach a full agreement on all issues through negotiation or private mediation, you can submit your signed settlement paperwork to the business office at the court house without ever setting foot inside a courtroom.