Understanding the Basics of Divorce in Los Angeles, California
Going through a divorce is never easy, but understanding how the process works can make it feel a lot less overwhelming. If you’re considering filing for divorce in Los Angeles — or you’ve already been served with papers — here’s a straightforward breakdown of what to expect.
California Is a No-Fault Divorce State
One of the first things to know is that California doesn’t require either spouse to prove wrongdoing to file for divorce. You simply cite “irreconcilable differences,” which means the marriage has broken down with no reasonable chance of saving it. This applies to the vast majority of divorces filed in LA County.
The Residency Requirement
Before you can file, either you or your spouse must have lived in California for at least six months, and in Los Angeles County for at least three months. If you don’t meet this requirement yet, you may need to wait or explore other options like legal separation in the meantime.
Filing the Petition
The divorce process begins when one spouse (the petitioner) files a Petition for Dissolution of Marriage with the Los Angeles Superior Court. The other spouse (the respondent) is then formally served with the divorce papers and has 30 days to respond. If no response is filed, the petitioner may be able to proceed by default.
The Six-Month Waiting Period
California law requires a minimum six-month waiting period from the date the respondent is served before a divorce can be finalized. This is sometimes called the “cooling off” period. Even if both parties agree on everything, the divorce cannot be legally finalized before those six months are up.
What Gets Decided During the Process
During the divorce proceedings, several important issues need to be resolved, including the division of community property and debts, spousal support (also called alimony), child custody and visitation arrangements, and child support. California is a community property state, which means assets and debts acquired during the marriage are generally split 50/50 — though there are exceptions depending on the circumstances.
Contested vs. Uncontested Divorce
If both spouses agree on all the major issues, the divorce is considered uncontested and can move relatively quickly. If there are disputes — especially around custody or property — the case may require mediation or go to trial, which can significantly extend the timeline and cost.
Working With an Attorney Makes a Difference
Even in seemingly straightforward divorces, the decisions made during this process can affect your finances and your family for years to come. Having an experienced family law attorney in your corner helps ensure your rights are protected and that nothing gets overlooked in the paperwork or negotiations.
Every divorce situation is unique, and the process can look very different depending on your specific circumstances. If you have questions about how California divorce law applies to your situation, the team at DeSario Family Law is here to help. Reach out today for a consultation — we’ll walk you through your options and help you move forward with clarity and confidence.