When filling out the forms you must complete box 3 listing your date of separation on Petition—Marriage/Domestic Partnership (form FL-100). This date can be crucial. In the event that you or your spouse come into a windfall (or loss), the date of separation will dictate whether that gain or loss is part of the community.

Under Fam. Code §70

(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:

1.  The spouse has  expressed to the other spouse the intent to end  the marriage
2. 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.

Someone 18 or older–not the petitioner –serves the spouse or domestic partner (called the respondent) with all of the case initiation forms and blank Response—Marriage/Domestic Partnership (form FL-120) and files with the court a proof-of-service form, such as Proof of Service of Summons (form FL-115), telling when and how the respondent was served. It is advisable to hire a registered process server to serve the other party and prepare the Proof of Service of Summons. The respondent then has thirty days to respond after service of the papers.

The Summons (form FL-110) issued by the Clerk of the Court contains language referred to as Automatic Temporary Restraining Orders (ATRO) which prohibits the following conduct during the pendency of the divorce proceedings:

1. Removing the minor children of the parties from the state or applying for a new or replacement passport for those minor children without the prior written consent of the other party or an order of the court;
2. Cashing, borrowing against, canceling, transferring, disposing of, or changing the beneficiaries of any insurance or other coverage, including life, health, automobile, and disability, held for the benefit of the parties and their minor children;
3. Transferring, encumbering, hypothecating, concealing, or in any way disposing of any property, real or personal, whether community, quasi-community, or separate, without the written consent of the other party or an order of the court, except in the usual course of business or for the necessities of life; and
4. Creating a non-probate transfer or modifying a non-probate transfer in a manner that affects the disposition of property subject to the transfer, without the written consent of the other party or an order of the court. Before revocation of a non-probate transfer can take effect or a right of survivorship to property can be eliminated, a notice of the change must be filed and served on the other party.

In essence, everything is paused until the resolution of the divorce. As the respondent, receipt of service of the Summons formally confers the Court’s jurisdiction over you. Both sides must comply with the ATRO’s pending agreement or adjudication by the Court of the issues set forth in the ATRO. Failure to comply could subject you to sanctions or a finding of contempt by the Court.

Within 60 days of filing the Petition, the petitioner must fill out and have these documents served on the respondent: 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), and all tax returns filed by the party in the two years before serving the disclosure documents. These disclosure documents are not filed with the court. If the respondent files a Response, he or she must also complete and serve the same disclosure documents on the petitioner within 60 days of filing the Response. ​

The petitioner and respondent then each file a Declaration Regarding Service (form FL-141) with the court saying disclosures were served. If the respondent does not serve disclosures, the petitioner can still finish the case without them.

At this stage the divorce can be completed in 1 of 4 ways.

1. No Response AND No written agreement:
   • Petitioner waits 30 days after service of the case initiation forms has passed and prepares a proposed Judgment (form FL-180), together with all other needed forms. This is called a “True Default.” Please note that in the event of a true default, the Court will likely set a default prove-up hearing where you will be asked about your papers by the Court. Many times a “True Default” can be more difficult to complete as the Court will need to protect the interests of the non-appearing spouse without their input.
2. No Response BUT written agreement:
   • Petitioner attaches the signed and notarized agreement to the proposed Judgment (form FL-180), together with all other needed forms. This is called a “Default Case with Written Agreement.”
3. Response AND written agreement:
   • Either party files Appearance, Stipulations, and Waivers (form FL-130) and the proposed Judgment with written agreement attached and other needed forms.

4. Response and NO agreement:

   • Parties must go to trial to have a judge resolve the issues.

During the course of a dissolution case before a final disposition of all issues is made by the Court (or by agreement) the Court may enter temporary orders for support, visitation, custody use of property, payment of bills, as well as any other issues that may arise during the pendency of a dissolution case. In some instances, a divorce can take years to finalize. This is not done automatically by the Court. The requesting party must file and serve a Request for Order (Form FL-300) requesting such temporary orders including a declaration signed under penalty of perjury identifying good cause for the Order. The opposing spouse then files a Response to Request for Order (Form FL-320) stating the reasons why the temporary Orders should not be granted. In many jurisdictions, parties are required to attend mediation or an informal settlement conference to try and resolve the request before it is taken up by the Court. This is done to streamline cases and reduce the burden on the Court in hearing matters which may be disposed of informally by mutual agreement. If the issue is resolved, parties file a stipulation and Order which is then signed by the Judge and becomes binding on the parties. ​

Under California Law parties are entitled to a live evidentiary hearing by the Court before issuing a ruling on the Request for Order. Under Fam. Code §217 (a) at a hearing on any order to show cause or notice of motion brought pursuant to this code, absent a stipulation of the parties or a finding of good cause pursuant to subdivision (b), the court shall receive any live, competent testimony that is relevant and within the scope of the hearing and the court may ask questions of the parties. ​

Please note that different Courts may have their own rules pertaining as to how to request a live evidentiary hearing. It is best to check with the clerk of the department where your case has been assigned to determine how to make the request for an evidentiary hearing before the date of the assigned hearing.

Family Code §2339(a) states:

• Subject to subdivision (b) and to Sections 2340 to 2344, inclusive, 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.

Therefore, the California divorce waiting period starts to run from the date the divorce summons and petition is served on the respondent or the respondent makes an appearance, whichever occurs first. This gives the parties the opportunity to dismiss the action in the event of reconciliation before final dissolution is entered.