In California, the divorce process begins when the Petitioner—the spouse who initiates the case—files a Petition with the Court Clerk. These documents must then be formally served to the other spouse, known as the Respondent, by an adult who is not a party to the case. Once served, the Respondent has 30 days to file a response or objection. If no response is filed and both parties are in agreement, the case proceeds as a Default or Uncontested Divorce.

Within 60 days of filing, the Petitioner must disclose all financial information to the Respondent. If the Respondent responds to the Petition, they are also required to exchange financial disclosures. To complete the divorce, the Judgment Packet must be filed with the court.

A divorce cannot be finalized until at least six months and one day after the Respondent has been served. Legal separations and annulments, however, do not have this waiting period. It's important to remember that a divorce or separation is not legally complete until the court enters a final Judgment. Throughout the process, both parties must update each other on any changes to their financial or contact information.

All major issues must be addressed in a divorce, including spousal support, child support, custody and visitation, division of property and debts, and retirement plans. With clear communication and proper planning, these matters can be resolved smoothly.

California follows a “no-fault” divorce system, meaning that no one needs to prove wrongdoing to file for divorce—simply citing “irreconcilable differences” is sufficient. As a community property state, California law generally requires that all shared (community) assets and debts be divided equally, regardless of who is at fault. However, if one spouse acts dishonestly, the court may impose financial penalties to ensure fairness in the division of property.