Trusted Divorce Attorneys Helping Families Across California

Understanding the Divorce Process in California

The divorce process in California—legally referred to as the dissolution of marriage—is governed by the California Family Code, Code of Civil Procedure, and local county court rules. A divorce formally ends a marital or domestic partnership relationship and resolves related matters such as property division, child custody, support, and spousal maintenance. Because each step involves critical legal and financial decisions, it is essential to have an experienced California family law attorney guiding you throughout the process.

The process begins when the Petitioner—the spouse initiating the case—files specific court forms with the clerk of the superior court. These include:

• Petition — Marriage/Domestic Partnership (Form FL-100)
• Summons (Form FL-110)
• Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (Form FL-105) if children are involved

After review, the court clerk stamps and returns the filed copies, known as conformed copies, to the Petitioner. Depending on the county of filing, local supplemental forms may also be required. Once filed, these documents begin the formal process and trigger important procedural deadlines for both parties.

Dissolution of Marriage vs. Legal Separation

Whether you are pursuing a divorce or legal separation, our attorneys ensure all necessary filings are prepared correctly and in compliance with California Family Code §2330 et seq. We also provide strategic counsel on how each choice may affect property division, spousal support, and long-term financial planning.

The Importance of the Date of Separation

(a) “Date of separation” means the date that a complete and final break in the marital relationship has occurred, as evidenced by both of the following:

• The spouse has expressed to the other spouse the intent to end the marriage.
• The conduct of the spouse is consistent with the intent to end the marriage.

(b) In determining the date of separation, the court shall take into consideration all relevant evidence.

Disputes over this date can have significant financial consequences. For example, if one spouse receives a substantial bonus or stock distribution after separation, that income may belong solely to that spouse if the separation date is established earlier. Conversely, delaying the recognized date could make that income community property subject to division. Establishing the correct date often requires documentary evidence such as lease agreements, correspondence, or financial records—areas where skilled legal representation becomes invaluable.

Service of Case Initiation Forms

• The filed Petition (Form FL-100)
• The Summons (Form FL-110)
• If applicable, the Declaration Under UCCJEA (Form FL-105)
• A blank Response — Marriage/Domestic Partnership (Form FL-120)

After service, the server completes a Proof of Service of Summons (Form FL-115) indicating how and when delivery occurred, and this form is filed with the court. Using a registered process server is highly recommended to ensure validity and to avoid later challenges to jurisdiction.

Once served, the Respondent has 30 days to file a formal Response with the court. Failure to respond may allow the Petitioner to proceed by default and request judgment without further participation from the other party. Upon service, the court gains jurisdiction over both spouses, activating restrictions contained within the divorce Summons known as Automatic Temporary Restraining Orders.

Automatic Temporary Restraining Orders (ATRO)

• Removing the couple’s minor children from the state or applying for new or replacement passports for those children;
• Cashing, borrowing against, canceling, transferring, or altering beneficiaries of any insurance policies, including life, health, automobile, or disability coverage;
• Transferring, concealing, or disposing of any property—community, quasi-community, or separate—except in the ordinary course of business or for necessities of life;
• Creating or modifying non-probate transfers in a way that affects property disposition upon death.

In essence, these restraining orders pause major financial and custodial decisions until the court issues further orders or the parties reach agreement. Both spouses are legally bound by the ATROs once service is complete, and violations can result in sanctions or findings of contempt. At the Law Offices of Faud Haghighi, we ensure clients fully understand their obligations under these orders and help prevent unintentional violations that could jeopardize their case.

Initial Financial Disclosures

• Declaration of Disclosure (Form FL-140)
• Income and Expense Declaration (Form FL-150)
• Schedule of Assets and Debts (Form FL-142) or Property Declaration (Form FL-160)
• Copies of all federal and state tax returns filed within the past two years

These documents are not filed with the court to protect privacy. Instead, each party must file a Declaration Regarding Service of Declaration of Disclosure and Income and Expense Declaration (Form FL-141) to confirm they have exchanged the required information.

If the Respondent files a Response, they too must complete and serve identical disclosures within 60 days of filing their paperwork. When both sides have complied, the exchange of financial data forms the foundation for negotiating settlement terms or preparing for trial. If one spouse fails to serve disclosures, the other may still proceed to judgment; however, courts often scrutinize such cases closely to ensure fairness.

“Full disclosure is the cornerstone of California’s family law system—it protects both parties and promotes equitable settlements.”

Our legal team at the Law Offices of Faud Haghighi assists clients in preparing accurate financial disclosures and reviewing their spouse’s statements for errors, omissions, or inconsistencies. We also work with forensic accountants and valuation experts when necessary to identify concealed or misreported assets.

• Temporary child custody and visitation schedules
• Child support or spousal support (alimony) payments
• Exclusive use of the marital residence or vehicle
• Orders for payment of household bills or debts

The opposing party must then file a Response to Request for Order (Form FL-320) stating any objections or proposed modifications. In many California counties, the court will refer both parties to mediation or an informal settlement conference before a judge hears the request. This step encourages compromise and helps reduce the court’s caseload.

If an agreement is reached, the terms are documented in a written Stipulation and Order signed by both spouses and approved by the judge. If no agreement is reached, the matter proceeds to a court hearing where both sides can present testimony and evidence. Under Family Code §217(a), parties are generally entitled to a live evidentiary hearing—meaning each side may call witnesses and offer relevant evidence before the judge issues a decision.

Every county court has local rules governing how to request and schedule an evidentiary hearing. At our firm, we guide clients through these procedural steps and prepare persuasive declarations, exhibits, and arguments to support their position—ensuring the court fully understands their needs and circumstances.

Finishing the Divorce: Four Possible Paths

1. True Default (No Response and No Agreement)

If the Respondent fails to respond within 30 days and no settlement is reached, the Petitioner may proceed by default. The Petitioner must wait until the 30-day period expires and then prepare a proposed Judgment (Form FL-180) and all supporting paperwork. Courts often schedule a “default prove-up” hearing where the judge confirms the accuracy of the forms and ensures fairness to the non-responding spouse. Although possible, true default cases can be more complex because the court must independently verify that the absent spouse’s rights are not violated.

2. Default with Written Agreement

In some cases, the Respondent chooses not to file a formal Response but cooperates by signing a written and notarized marital settlement agreement. The Petitioner attaches this agreement to the proposed Judgment (Form FL-180), allowing the court to approve the terms without a trial. This approach saves time and legal fees while maintaining cooperative communication between the spouses.

3. Response and Written Agreement

When both parties actively participate and reach an agreement, either spouse may file an Appearance, Stipulations, and Waivers (Form FL-130) along with the Judgment and settlement terms. The court then reviews and enters the final orders, making them enforceable. This is often the most efficient and amicable resolution method, as it gives both sides control over the outcome.

4. Response and No Agreement

If the parties cannot agree on one or more issues—such as asset division, custody, or support—the case proceeds to trial. At trial, each side presents testimony, evidence, and expert opinions, and the judge issues rulings on all contested matters. While litigation may be necessary in some cases, our goal at the Law Offices of Faud Haghighi is always to resolve disputes efficiently while preserving client resources and emotional well-being.

After judgment, the court’s orders on property division, support, and custody become legally binding. Post-judgment modifications may later be requested if a substantial change in circumstances occurs.

Six-Month Cooling-Off Period

“No judgment of dissolution is final for the purpose of terminating the marriage relationship of the parties until six months have expired from the date of service of a copy of summons and petition or the date of appearance of the respondent, whichever occurs first.”

It is important to note that the six-month waiting period does not automatically finalize the divorce—it simply establishes the earliest possible date that a judgment can take effect. The case may still take longer if disputes remain unresolved or if required paperwork has not been completed. Many clients use this period to finalize agreements on spousal support, parenting schedules, or division of complex assets such as businesses and retirement accounts.

Once the waiting period has elapsed and all legal requirements are met, the court enters a Judgment of Dissolution, restoring each spouse to the status of a single person. This judgment marks the official end of the marriage.

At the Law Offices of Faud Haghighi, we ensure that every procedural step—from filing to final judgment—is handled with precision and care. Our attorneys provide personalized guidance throughout this timeline, ensuring you meet deadlines, comply with court rules, and move forward confidently toward closure.

Why Choose the Law Offices of Faud Haghighi

Decades of Combined Family Law Experience

Our firm has successfully handled hundreds of complex family law cases across Los Angeles, Orange, Riverside, and San Diego Counties. From high-asset property divisions to contested custody and support disputes, Attorney Faud Haghighi, Esq. brings a reputation for thorough preparation, strategic negotiation, and courtroom excellence. His background in civil litigation and deep knowledge of California Family Code ensure every client receives precise and effective representation.

Comprehensive, Client-Focused Representation

We believe that every client’s situation is unique. Our attorneys take the time to understand your goals, explain your rights in plain language, and build a legal strategy that aligns with your priorities — whether that means achieving a swift settlement or standing firm in court. We handle all aspects of family law, including child custody, spousal support, domestic violence restraining orders, and post-judgment modifications.

Integrity, Compassion, and Results

Our practice is built on integrity, transparency, and a commitment to delivering results. We combine assertive advocacy with compassionate guidance, helping clients make informed decisions during emotionally challenging times. At every stage — from filing to final judgment — our goal is to secure favorable outcomes while protecting your dignity and peace of mind.

“Legal strength and compassion can coexist — at our firm, we combine both to help clients move forward with confidence.”

Frequently Asked Questions About Divorce in California

2. Is California a “no-fault” divorce state?

Yes. California is a no-fault divorce state, which means you don’t need to prove wrongdoing to obtain a divorce. The most common ground cited is “irreconcilable differences,” indicating that the marriage cannot be repaired. Misconduct, such as infidelity, generally does not affect property division or support awards.

3. What happens if my spouse refuses to sign the divorce papers?

If your spouse fails to respond within 30 days after service, you can proceed by default judgment. The court can finalize your divorce without the other party’s participation, provided proper notice and documentation are on file. Our team ensures every procedural step is completed correctly so you can move forward even if your spouse is uncooperative.

4. How are assets and debts divided?

California follows the community property rule, which means all assets and debts acquired during the marriage are divided equally between spouses unless a valid prenuptial or postnuptial agreement specifies otherwise. Our firm conducts meticulous financial reviews to ensure all marital property is accurately valued and fairly distributed.

5. Can temporary orders be changed later?

Yes. Temporary orders are designed to maintain stability during the divorce process but can be modified if circumstances change. For example, if your income changes or a child’s needs evolve, you can request a modification of support or custody through a formal Request for Order.

6. What if my spouse hides income or assets?

Both parties are legally required to disclose all income, expenses, assets, and debts. Hiding or underreporting financial information can lead to severe court sanctions, including monetary penalties and forfeiture of property rights. Our attorneys work with forensic accountants to uncover hidden assets and ensure a fair settlement.

7. Do I have to attend court hearings in person?

Most California courts allow remote or hybrid appearances for certain family law matters, especially during case management conferences or uncontested hearings. However, for trials or evidentiary hearings under Fam. Code §217, in-person attendance is often required. We handle scheduling and representation to minimize your stress and time away from work or family.

8. How is child custody decided?

Child custody decisions are made based on the best interests of the child, considering factors such as the child’s health, safety, welfare, and existing emotional bonds with each parent. Our team provides strategic representation in child custody and visitation cases, ensuring your parental rights are fully protected.

9. Can I modify my divorce judgment later?

Yes. After the final judgment, orders concerning spousal support, custody, and child support may be modified if there’s a substantial change in circumstances. We assist clients with post-judgment enforcement and modification petitions to ensure ongoing fairness.

10. How do I get started?

Contact our firm to schedule a private consultation. We’ll review your case, explain your rights and obligations, and outline your options for resolution. Early legal guidance can prevent costly mistakes and set a strong foundation for your case.

Schedule a Confidential Consultation

• Comprehensive evaluation of your situation by an experienced family law attorney
• Clear explanation of your rights and available legal options
• Strategic planning tailored to your specific goals

Let our firm be your advocate and ally during this pivotal time. Contact us today to schedule a private consultation and take the first step toward resolution.