What to Expect in a Divorce in California: Step-by-Step

In California, divorce can become a confusing mix-up of rules, documents, procedures, and lawyer-speak. Getting lost in this tedious, seemingly endless process is easy. 

Having a roadmap detailing where you need to go and how to get there is invaluable when going through a divorce. Contact Gilligan, Frisco, Trutanich & Saris, LLP today for a free divorce consultation.

Preparing to file for divorce

Step one in a California divorce is preparing to file your paperwork. This requires you to make a decision that the divorce is in your best interests. 

Determining whether you want to work with an attorney should be part of this discussion. An attorney does not make decisions for you in a divorce. Rather, a divorce attorney provides you with information that aids you in making the best possible decision based on your specific circumstances. 

Filing for divorce

California requires that you or your spouse be a resident of this state and the county where your divorce is being filed. A divorce filing includes forms such as a Summons, a Petition, and a declaration regarding the residence of any minor children involved in the case. 

Serving divorce papers on your spouse

Giving your spouse copies of each form or document filed is what the service implies. This step provides your spouse with notice that you have filed for divorce. In a free consultation with experienced California divorce attorneys, you can learn what “proper” service is and how critical it is to the success of your case. 

What if you don’t agree with the divorce: do you have to participate?

If you have been served with divorce papers, you must review each document provided to you. There are orders within a standard divorce petition that prohibit you from doing certain things with your property and even with your home. Not having read your paperwork is not a valid defense if you are found to have violated one of these orders. 

In California, only one spouse has to be in agreement on the divorce. Even if you do not agree with the divorce, it is in your best interests to participate in the process. 

Preparing for and going to trial

There are multiple stages of a divorce case prior to a trial. These include: 

• Temporary Orders
• Discovery 
• Mediation 

Throughout the stages of a divorce, there is ample opportunity to reach a settlement through negotiation. However, being able to negotiate with your spouse requires a plan. An experienced California divorce attorney understands how to build a case and negotiate a successful divorce settlement. 

Contact Gilligan, Frisco, Trutanich & Saris, LLP today for a free consultation. 

The attorneys at Gilligan, Frisco, Trutanich & Saris, LLP take their responsibility for serving each of our clients seriously. To learn more about divorcing in California, please contact our office today. We offer free consultations where you can receive feedback about your particular circumstances.