Divorce

Divorce is the same as dissolution of marriage. Grounds for a dissolution action in California can be either:
A. Irreconcilable differences
B. Incurable Insanity

Filing the Petition
Any married person who lived in California for six months and in the County where the divorce action is intended to be filed can start a dissolution action even if the marriage occurred outside California . Procedurally, the action starts with the filing of Summons, Petition for Dissolution of Marriage and UCCJEA declaration if minor children from the marriage are involved. The next step is to serve the other spouse with the filed documents mentioned earlier. The spouse who starts the dissolution proceedings is called "Petitioner" the other spouse is called the "Respondent." The Respondent in a dissolution action has 30 days to file a Response to Petition for Dissolution. If no response is filed the Petitioner can request to enter default, i.e., the Respondent's right to respond is cut and default judgment can be entered unless Respondent move to set aside default.

After the Response is served "temporary orders" may be made regarding custody of the minor children; child support; spousal support; properties use and control. These temporary orders are ordered by the Court pursuant to either an agreement or by filing Order to Show Cause "O.S.C." Although those orders are temporary, they may have substantial effect when permanent orders are made.

Preliminary Declaration of Disclosure
Petitioner can serve this form either simultaneously with the Summons and Petition on Respondent or separately. Respondent must do the same. Although this declaration is not filed with the Court (just served on the other party), it is very important.

Essentially this declaration sets forth the party's income, properties (whether separate or community), party's expenses and debts (whether separate or community).

Discovery
It is not uncommon for a party to a dissolution action to try misrepresenting his/her income and assets. Therefore, under California law each spouse has the right and the chance to "discover" the other party's real income, assets and debts. Discovery can be tailored to each case, as there are different ways to do discovery.

A party can send written questions (form and specific interrogatories) which the other party must answer under the penalty of perjury. Depositions can be taken (in person or written), request to produce documents (deeds, profit and loss statements, bank statements, tax returns, etc.,) and most commonly subpoenaing the other party's employment records.
All discovery results can be reviewed and cross-referenced against each others and are used by attorneys and or forensic accountants to determine the financial worth of a party for the purposes of calculating child support, spousal support and attorneys fees.

Marital Settlement agreement/ Stipulated Judgment
Once the discovery is completed, the results are used to make settlement offers. A settlement conference can be held in one of the parties' attorney's office, in a mediator's office or at the Court. If and when the parties reach to a settlement, a marital settlement agreement ( MSA ) or stipulated judgment is prepared and signed by the parties and their attorneys. This MSA or Stipulated Judgment is filed with the Court and entered into judgment.

Trial and Final Declaration of Disclosure

If the parties fail to reach to an agreement, the case proceeds to trial. Both parties will have to

In family law cases, the parties do not have the right to a jury trial. Usually, the trial is conducted by the same judge that the parties appeared before on Orders to Show Cause and Ex Parte applications. Mostly, one of the parties has to request the Court to set a trial date. The presiding judge w ill review the records; hear witnesses' testimony (including the parties' testimony); hear attorneys' legal arguments and review all the admissible evidence.

Once all the testimony and arguments are introduced the judge will rule on all the issues according to the governing law.

Appeals
Once the final judgment in the case is entered, there is no way to challenge the judge's ruling but through the appeal process. Cases on appeal are decided by three-judge panels, these appellate panels have the power to overturn the trial court's judgment.