The idea of getting divorced can be overwhelming, with many steps, processes and challenges to overcome. It can be easier to take the first step if you know what to expect from the remainder of the divorce process. It can also be helpful to consult with a divorce lawyer in Los Angeles about this process. A lawyer can deal with the legal side of your divorce case while you focus on the emotional side.
The Petition for Divorce Is Filed
A divorce case is initiated in Los Angeles by one of the spouses (thereafter known as the Petitioner) filing the Petition for Dissolution of Marriage (Form FL-100) with the Superior Court of Los Angeles County. If you and your spouse have children, there are additional forms you must fill out and submit.
You can file your paperwork in person at the civil courthouse in your area or file electronically. There is a filing fee of $435 to $450. You can apply for a fee waiver if you cannot afford the fee. Note that you must have lived in California for at least the six months prior to filing and the county for at least three months to satisfy the residency requirement.
The Recipient Is Served
Form FL-110, the summons, will also be filed with the divorce petition. This is a formal notice to the other spouse that he or she has been served with divorce papers. The Petitioner is legally required to serve the Respondent. This must be done by someone other than the Petitioner who is at least 18 years old. Proof of service will then be filed with the court.
Financial Information Is Disclosed
You are required to share or disclose your financial information with your spouse during the divorce process. You must send your information to your spouse and submit the required forms to the court as proof of disclosure. You have 60 days from the date you filed the petition if you are the Petitioner and 60 days after filing a response if you are the Respondent.
The Response Is Received
The Respondent has 30 days to respond to the Petition. The Response (Form FL-120) can initiate divorce settlement negotiations, as it will contain the Respondent’s desired divorce terms compared to those originally listed on the Petition.
Both parties can communicate privately or through mediation and arbitration to come to a settlement agreement. Working with a family attorney in Los Angeles can facilitate compromises and improve the odds of reaching an out-of-court settlement – saving you time, money and stress.
If no Response is filed by the deadline, the Petitioner can request a default divorce from the Los Angeles courts. This is a fast divorce process where the courts will sign off to finalize the dissolution as proposed by the Petitioner without any changes by the Respondent.
The Divorce Is Finalized
If a couple cannot reach an agreement as to the terms of a divorce (including child custody, child support and property division), the case may go to court. You and your spouse will stand before a judge to ask the court to decide on the terms of the dissolution.
Having an experienced divorce attorney by your side during this process can be critical for your peace of mind as well as achieving the best possible results. Your lawyer can represent you in court to strive for the outcome you desire. Your divorce can still reach a settlement at any point before a judgment is made.
Whether or not a Los Angeles divorce ends up in court, it will need to be finalized by a judge. A Judgment will need to be submitted to the court clerk. A judge will then sign the Judgment if everything is correct, officially finalizing the divorce. Both parties will receive a copy of the final Judgment by mail.
For more information about what your specific divorce case might look like, request a consultation at Boyd Law.
