Understanding the California Divorce Process: A Lawyer's Walk-Through

After 15 years practicing family law in Los Angeles, I've walked hundreds of clients through the divorce process. The single most common thing I hear in a first consultation is: "I have no idea what's actually going to happen." This article is the conversation I have with every new client, written down so you can read it before we ever meet.

Step 1: Residency

To file for divorce in California, you must have been a resident of the state for at least 6 months and a resident of the county where you're filing for at least 3 months. If you don't meet residency, you can file a legal separation now and convert it to divorce once you qualify.

Step 2: Filing the petition

The spouse who files first is the Petitioner; the other is the Respondent. Filing requires:

• Form FL-100 (Petition for Dissolution of Marriage)
• Form FL-110 (Summons)
• A filing fee — currently $435 in Los Angeles, with a fee waiver available based on income

Once filed, the Respondent has 30 days to respond. If they don't, the case can proceed by default — but in practice, almost no one ignores divorce papers, so this is rare.

Step 3: The six-month "cooling off" period

California law imposes a mandatory six-month wait between the date the Respondent is served and the date a divorce can be finalized. This is not optional. Even if both spouses agree on every issue from day one, the divorce cannot be entered until the six months have run.

Most cases take longer than six months — typically 8 to 14 months for an uncontested divorce, and 18 to 30 months if there are contested issues.

Step 4: Disclosures

Both spouses must complete preliminary financial disclosures (Forms FL-140, FL-142, FL-150). This means listing every asset, every debt, every income source. Failure to disclose can be grounds to set aside a settlement years later — courts do not have patience for hidden assets.

Step 5: Property division

California is a community property state. With limited exceptions, anything earned or acquired during the marriage is community property and is divided equally. Anything earned before the marriage, or received as a gift or inheritance, is separate property.

The hard part is almost never "what does the law say." The hard part is figuring out characterization — is the down payment on the house separate or community? What about the appreciation? — and valuation — what's the business actually worth?

Step 6: Custody and support (if applicable)

If there are minor children, the court must rule on:

• Legal custody — who makes major decisions for the child (joint is the default)
• Physical custody — where the child lives, and on what schedule
• Child support — calculated by California's statutory formula based on incomes and timeshare

If both spouses can agree, the court will adopt the agreement. If they can't, the court orders mediation through Family Court Services. If mediation doesn't resolve it, the judge decides at a hearing.

Spousal support (alimony) is more discretionary. Courts look at length of marriage, earning capacity of each spouse, the standard of living during the marriage, and several other factors under Family Code §4320.

Step 7: Settlement or trial

The vast majority of California divorces settle. Settlement happens at one of three points: informally between attorneys, at a court-ordered settlement conference, or on the morning of trial.

Trial is expensive (often $50,000–$200,000+ in legal fees per side) and unpredictable. Most cases that would benefit from trial settle once the litigation makes the cost clear to both sides.

Step 8: Judgment

Once the six-month wait has run AND all issues are resolved, the court enters a Judgment of Dissolution. You're now legally divorced.

What I wish every client knew before filing

• Get advice before you move out of the house. Moving out can affect custody and the characterization of expenses paid during separation.
• Don't drain joint accounts. Withdrawing community funds without notice can result in sanctions.
• Be careful what you post on social media. It will be discovered.
• Document everything in writing. Texts, emails, and calendar entries become exhibits.
• The first lawyer who scares you with worst-case outcomes is selling fear, not service. Find one who explains the realistic range.

When to hire a lawyer

If your case is genuinely uncontested — no kids, no real estate, no business interests, marriage of less than 5 years — you may be able to use a self-help service or a family law facilitator. For everything else, hire a lawyer. The cost of a mistake on property division or custody is almost always higher than the cost of representation.

If you're in Los Angeles and want to discuss your situation, you can reach me through my profile for a free 30-minute consultation.

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This article is general information about California family law and not legal advice. Every divorce case is different. Consult a licensed California family law attorney about your specific situation.