Initial Filings – The Petition and Summons
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In order to start the divorce process in California, one spouse files for divorce by filling out two very basic court forms: the “Petition” and the “Summons.” This initial paperwork is filed with the court, and then served upon the other spouse. After being served, the other spouse has the option of also filing paperwork called the “Response.” The Response is nearly identical to the Petition.
Financial Disclosures
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The second step in the California divorce process is the disclosure of financial information. Both spouses must disclose all assets, debts, and property rights, as well as their income and expenses. During this stage, both parties outline their positions as to whether the assets and debts are community or separate property.
Discovery, Negotiations and Motions/Hearings (as needed)
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During the third step of the divorce process, the spouses – usually with the assistance of their divorce attorneys – negotiate, in an attempt to reach a marital settlement agreement (“MSA”). If additional information is needed, your attorney may conduct discovery to collect needed information from the other side.
Resolution and Judgment
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During step four, the divorce case is brought to a resolution either through agreement of the parties, or through litigation – and sometimes a combination of both. Either way, the agreement is then memorialized in the MSA, and that is submitted to the court for approval.
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The MSA outlines the couple’s entire agreement, including resolution of child custody, visitation, allocation of assets and debts, and all support issues.
This Agreement is then submitted to the Judge for review and signature.
