The Divorce Litigation Process in California 

The divorce process in California can be complex and intimidating for the uninitiated, which, ideally, includes most married individuals. While you may have a pretty good idea of what a divorce proceeding looks like from TV or legal dramas, in reality, most of the action occurs outside the courtroom and is far less dramatic. While everyone’s circumstances are different, there are certain procedures all divorce litigants must follow in California. And if you are planning on getting a divorce, it will be in your best interests to understand the process first. Below is a summary of the divorce litigation process in California as explained by our Irvine divorce litigation attorneys. 

1. Filing for Divorce

The divorce process begins when one spouse files a petition for a dissolution of marriage with the court, which may be filed by either spouse. The petition requires the statement of certain facts, such as the date of the marriage, the existence of any minor children, and a request that the court make certain orders as to child support, child custody, and spousal support. 

2. Service and Response 

Once the petition is filed, the petitioner must provide the other spouse with a copy of the petition (known as “serving” the other spouse). After service, the other spouse has 30 days to respond to the petition. In that response, the respondent may agree or disagree with the facts alleged in the petition, and includes the same factual information as the petition. While a respondent cannot stop the divorce in his or her response, it allows the respondent to tell their side of the story. 

3. Temporary Orders in California

At any point during the proceedings, either party may petition the court to issue temporary orders regarding how certain matters will be handled during the divorce, such as child custody, child support, visitation, and attorneys’ fees. These types of orders can be by the agreement of both the parties or by the divorce court’s order. 

4. Financial Disclosures 

California law requires that community property — property obtained by either spouse during the marriage — be distributed equally among the spouses upon divorce. As such, each party in a divorce must disclose the full picture of their financial situations (including evidence) to the other party. This can include paychecks, credit card statements, mortgages, and tax returns, among others. 

5. California’s Discovery Process

Discovery is a mechanism that allows each party to request certain information from the other party, and includes requests for production of documents, interrogatories (written questions), requests for admissions (requests that your spouse admit or deny certain facts), and depositions. 

6. An Irvine Divorce Litigation Lawyer Will Represent You in Court  

If the case makes it to trial without settling (which can occur at any point prior to or during trial) or completing mediation, the court will set a trial date to finalize any outstanding issues. During this phase, each party’s attorney will make statements, examine and cross-examine witnesses, and introduce evidence. The judge will then make a ruling on the case. 

Contact an Irvine Divorce Litigation Attorney Today

For more detailed information about the divorce litigation process in California, please contact the Irvine divorce law firm of Seastrom Tuttle Murphy Dockstader by using our online form or calling us at 949-474-0800.

Common Questions About Divorce Litigation in Orange County

When does a divorce actually need to be litigated?

When the information will not come out any other way, or when the gap between the parties is not a negotiating gap but a factual one. The clearest cases are where one spouse controls the financial records and will not produce them, where a business or a support figure turns on expert opinions that are genuinely far apart, where there is urgency requiring immediate orders, or where one party will simply not participate. Most cases settle, and most should. But a case does not settle well until the facts are established, and litigation is often what establishes them.

How are temporary orders obtained while the case is pending?

Through a request for order, supported by declarations and financial disclosure, heard on the court’s calendar. Temporary orders can address support, use of property and residences, payment of debts and expenses during the case, attorney fees, custody and parenting time, and restraints on disposing of assets. These hearings are decided largely on the written record rather than on live testimony, which means the declarations and exhibits carry the weight. The first set of orders tends to frame expectations for the rest of the case, so it is worth preparing as though it will.

What discovery tools are available in a California divorce?

The same tools as in other civil litigation, plus the family law disclosure requirements. That includes written interrogatories, requests for production of documents, requests for admission, depositions of the parties, expert depositions, and subpoenas to banks, employers, accountants, and other third parties who hold records a party will not produce. Where a business is involved, discovery reaches its books, ledgers, and tax filings. The most effective sequence is usually documents first, from third parties where necessary, and depositions afterward, so testimony is taken against records rather than in the hope of getting them.

How long does a contested divorce take, and can fees be recovered?

California imposes a minimum six-month waiting period before a dissolution can be final, but a genuinely contested case with business valuation or complex property issues commonly runs a year or more, driven by expert work and court calendars rather than by the parties. On fees, the court can order one spouse to contribute to the other’s attorney fees based on relative need and ability to pay, so that both sides can be adequately represented, and can also order fees as a sanction against a party whose conduct frustrates settlement or violates disclosure obligations. Both are requested by motion, with supporting evidence, rather than granted automatically.

About the Firm

Seastrom Tuttle Murphy Dockstader is a family law firm in Irvine representing clients throughout Orange County, and in Los Angeles County. The firm practices family law exclusively. Its attorneys include Fellows of the American Academy of Matrimonial Lawyers and of the International Academy of Family Lawyers, and attorneys certified as specialists in family law by the State Bar of California Board of Legal Specialization. Call 949.474.0800 to discuss a contested family law matter with the firm.