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What General Steps Are Involved With A Divorce?

What General Steps Are Involved With A Divorce?

The general steps for filing a divorce in California:

  1. A Petition for Dissolution of Marriage is filed by one spouse (known as the Petitioner) and served on the other spouse (known as the Respondent).
  2. The Respondent has 30 days to file a Response.
  3. One of the parties may file an Order to Show Cause requesting that the judge make temporary orders regarding child custody, visitation or support terms. The judge may even issue a restraining order against one of the spouses.
  4. Throughout this process, both parties may request an exchange of documents and information, including the disclosure of income, expenses, and assets. Written questions and depositions may also be given at this time.
  5. If children are involved in the divorce, the court will send the parties (Petitioner and Respondent) to mediation.
  6. Both parties discuss the settlement terms. If an agreement is reached, a Marital Settlement Agreement will be filed and signed by the spouses and their Lawyer. If an agreement can't be reached, the case will proceed to trial.
  7. After signing the agreement or once the trial has ended, one of the divorce Lawyer will prepare and file a Judgment of Dissolution of Marriage.
  8. If you need assistance in filing for divorce or responding to a divorce petition, please contact our office and set up a free consultation.