California is a “no-fault” divorce state, which means that neither spouse is required to prove up wrongdoing in order to proceed with filing for a divorce. Under the family code, the spouse filing for divorce (also known as the “Petitioner”) need only cite that irreconcilable differences have arisen, which is the legal ground for filing, but a fancy way of saying that there is a breakdown of the couples’ marriage.

In order to proceed with filing for divorce in California, there are certain residency requirements which must be complied with. At least one spouse must have been a resident of the state of California for at least six months prior to filing for divorce. In addition, at least one spouse must have been a resident in the county of filing for at least three months prior to the filing.

If you have not satisfied the residency requirements for filing for divorce, yet intend to do so, you may consult with an attorney regarding filing for legal separation in the meantime.

When you file for divorce in California, you will be required to complete several official forms, also known as judicial council forms, and file them with the court clerk in the county where you reside.  These forms include, but are not limited to:

Petition – Marriage/Domestic Partnership (Form FL – 100)

The Petition is a judicial council form which provides information regarding your marriage. This includes information regarding the length of your marriage, the date of your separation, child custody and support (if applicable), the legal basis for filing (irreconcilable differences), spousal support, separate property, community property, and attorney’s fees.

Summons (Family Law) (Form FL-110)

The Summons notifies the other spouse that you have filed for divorce, contains information related to the divorce process, and contains Standard Family Law Restraining Orders. The Standard Family Law Restraining Orders are detailed on page 2 of the Summons and include restraints such as that neither party shall remove the minor children from the state without prior written agreement of the other parent, or a court order.

You will also be required to serve these forms, along with a series of blank responsive forms, on the other party.

Learn more: What happens after I file for divorce?

Going through a divorce can be one of the most overwhelming and emotional times in a person’s life. Navigating through this process, or even figuring out where to start, can seem daunting. Although the outcome of a case cannot be guaranteed, understanding the basics, retaining an experienced lawyer at an early stage in the process, and formulating a case strategy, can exponentially increase the likelihood of obtaining a favorable result. At Holstrom, Block & Parke, our lawyers can help navigate you through the court process, and help you to both understand and protect your interests.

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Once you file for a divorce and you have filed the petition in the summons, it's served on the other side to the other party. They have a 30-day period to respond to the action. If they respond within the 30-day period, the process of the divorce will begin moving forward. If they don't respond, there are ways to take their defaults and move forward in that manner. We will discuss your options, plan a course of action with you, file the divorce for you, get them served, and start the process of the divorce for you.

If you're considering filing for divorce, you should talk to an attorney at Holstrom, Block & Parke who can provide you the information that you need to understand the process, understand what's going to happen, and how to move forward with your life after the divorce.

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People hear misconceptions like, "Your divorce is going to be over in six months." Now, there's a kernel of truth to that. The kernel of truth is the soonest you can be divorced in California is six months and one day after the other side is served with the petition for divorce and the summons. If you're talking about finishing your divorce, you're talking about custody, you're talking about property division, you’re talking about support. Now we have to, unfortunately, look at the practicalities and the realities of today's society.

There are four people that dictate how long your case takes, and how much it costs. You, your ex-spouse, and each of your attorneys. All it takes is one of those people to make the case longer, more emotional, more hostile, and more expensive. The most important thing you need besides having a good advocate, is an attorney that will help you stay on task, make good compromises, and good decisions about when and how to litigate.

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Prenups last, usually by their terms, for the entire length of the marriage. However, prenups sometimes include provisions that expire. The most common one might be an agreement that there’s going to be no spousal support unless they are married for at least 10 years. Many people would think that’s a reasonable compromise. Otherwise, prenups are intended to be valid for the length of the marriage.

Prenups are generally a fairly advanced concept. Most family law attorneys would pretend that they understand what they’re talking about when discussing prenuptial agreements. If you’re seriously considering a prenup or, more importantly, you’re entering a divorce where a prenup was created before marriage, you really need to make sure you talk to company counsel like Holstrom, Block, & Parke.

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What is a prenuptial agreement? | Holstrom, Block & Parke, APLC