Contemplating Divorce

Divorce in California

Facing divorce in California can feel like stepping into a system you never wanted to learn about.  You don’t need to become the legal expert – that’s our role. What helps most is having a clear, honest overview of the road ahead, so you know you have steady guidance throughout this process.

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Important things to know before filing

Before you file, there are a few key concepts that can affect your finances and your options:  automatic temporary restraining orders, your ongoing duties to your spouse around money, and the legal “date of separation.”

1. Automatic Temporary Restraining Orders (ATROS)

When a divorce case is filed in California, certain automatic rules take effect right away.  They’re printed on the family law summons and are designed to protect both parties by keeping things stable while the case is pending.

In simple terms, these rules generally prevent either spouse from:

• Taking the minor children out of state or applying for a child’s passport without written consent or a court order.

• Cancelling or changing insurance that covers either spouse or the children.

• Hiding, giving away or transferring property – whether it’s in your name, your spouse’s name, or both – outside the usual course of business.

• Changing beneficiary designations without proper notice and consent.

2. Ongoing Fiduciary Duties
In California, spouses owe each other a “fiduciary duty” when it comes to community property – essentially a duty to be honest, transparent, and fair about community assets and debts.  That duty continues even after you separate, until your estate has been divided by agreement or court order.

In practical terms, this means:

• You must fully disclose all assets and debts in which a party has an interest.

• You must share information and documents about your assets and debts.

• You cannot hide or move assets in secret, or take unfair financial advantage of your spouse.

If one spouse breaches these duties, the court can impose financial penalties, and in some cases, reassign the property to the harmed spouse.  Being open and forthright isn’t just the right thing to do – it’s legally required and usually leads to better, faster resolutions.

3. Date of Separation
The “date of separation” is a key line in the sand.  Generally, earnings and assets acquired after that date are treated as the spouse’s separate property, while what came before, during the marriage, is presumed to be community property.  A difference in the date of separation can have a material difference in the division of the marital estate.

California law defines the date of separation as the point when there has been a complete and final break in the marital relationship, shown by:

• One spouse clearly expressing an intent to end the marriage, and

• Objective actions that match that intent

Sometimes, the date is more obvious – such as when one spouse moves out of the family home and both parties treat the relationship is over.  Other times, it’s less clear and can disputed, especially if spouses continue living together or sharing finances.  Because the date of separation can have real financial consequences, we take care to analyze and discuss it with you thoroughly.  

How the California Divorce Process Works

Every family is different, but most California divorce cases move through several common phases. Knowing the general flow can make the process feel less mysterious and more manageable.  

1. Petition and Response
The process begins when one spouse files a Petition for Dissolution of Marriage with the Superior Court.  That spouse is called the “Petitioner.”  The Petition lays out the basic information about the marriage and the issues that need to be resolved.  

The other spouse, the “Respondent” has 30 days to file a Response after service of the Petition. The Response also lays out the basic information about the marriage, and the issues that need to be resolved according to the Respondent.

In some cases, spouses may choose to file a “Joint Petition,” a newer option in California that allows both parties to initiate the divorce together rather than as “Petitioner” and “Respondent.”  By filing jointly, you signal to the court that you are approaching the process cooperatively.  This approach is often a good fit for couples who are communicating reasonably well and who anticipate settling their divorce outside of the court process.

2. Financial Disclosures
Early in the case, both sides must complete and exchange financial disclosure forms, including an Income and Expense Declaration Schedule of Assets and Debts, along with supporting documents like tax returns, pay stubs and account statements.

These forms can feel daunting, but we break them into manageable steps and help you understand what’s needed and why.  The information you provide here forms the backbone of decisions about property division and support, so accuracy and completeness are essential.  The forms are signed under penalty of perjury, which is one more reason we take the time to get them right.

3. Discovery (if needed)
In some cases, especially where there are complex assets, questions about income, or concerns about missing information, additional “discovery” is needed.  This can include written questions, requests for more documents, depositions, or subpoenas to third parties like employers or financial institutions.  

Not every cases requires heavy discovery. Courts expect spouses to exchange information voluntarily, and many matters can be resolved with only the required disclosures plus some targeted follow-up.  We work with you to keep discovery as efficient and focused as possible.

4. Settlement Discussions and Meet-and-Confer

As the information becomes clearer, we usually move into settlement discussions.  Each side may prepare settlement proposals addressing property division, support, and parenting arrangements.  We then “meet and confer” – through letters, calls, or in-person meetings – to see where you agree, where you differ, and what compromises might work.

Our aim is to help you reach agreements that feel fair, practical, and tailored to your family.  When you reach a full agreement, we put the terms into a written, agreement for the court to approve.

When the Court Becomes More Involved

If some issues remain unresolved, the court takes a more active role in moving the case forward and, if needed, making decisions.

1. Temporary Orders
Sometimes you can’t wait until the end of the case for certain issues to be decided.  You might need temporary child or spousal support, a temporary parenting plan, or guidance on who pays which bills while the case is pending.  In those situations, we can request temporary orders from the court.  

These orders are meant to stabilize things while the case moves forward.  They are not the “final word,” but they can provide much-needed structure and predictability during the divorce.

2. Status Conferences
If your case is still open after the initial phases, the court may set a Status Conference. Think of this as a check-in with the judge to review what has been done and what still needs to happen.  They court may set deadlines, order further settlement efforts, or schedule future hearings. The goal is not to pressure you, but to prevent your case from stalling and to keep everyone moving toward a resolution.

3. Settlement Conferences
If you still haven’t reached full agreement, the court may require a Settlement Conference.  Before the conference, each side provides an analysis of the issues and their positions.  At the conference, the judge or a settlement officer talks with the parties and lawyers about their legal positions and shares insight on ways to settle the case.  These conferences can feel intense (and they are), but they are also productive. Many cases settle here, saving the time, expense and emotional strain of trial.

4. Trial
If some issues remain after all settlement efforts have been exhausted, those issues go to trial.  In family law, trials are decided by a judge, not a jury.  Each side presents evidence, including testimony from parties, witnesses, and experts, such as forensic accountants, vocational evaluators, or child custody professionals.

Trials are expenses and emotionally demanding, and they place control in the hands of the judge.  Nonetheless, there are occasions when trial is the only viable method for resolving key disputes, and in those instances, we ensure you are carefully prepared and fully informed about each step of the process.

5. After Your Case is “Over”
Even after a settlement is signed or a judge issues a final decision, your life continues to evolve.  Jobs change, incomes go up or down, children’s needs shift, and new realities emerge.

You may need to adjust child support, spousal support, or parenting orders as these changes occur.  When that happens, we can help you understand your options – whether that means negotiating new arrangements or returning to court to request modifications.  The goal is to ensure that your legal arrangements keep up with your real life, not just the situation at the moment your divorce was finalized.