Dissolution of Marriage

At Voloshko Law Office, PC in Walnut Creek, CA, our family law attorneys help clients navigate the dissolution of marriage process throughout the Bay Area, including Alameda, Contra Costa, Santa Clara, San Francisco, and San Mateo counties. Dissolution of Marriage in California involves a series of legal steps to end a marriage. Here is an overview of the process:

1. Establish Residency

   •    At least one spouse must have lived in California for 6 months and in the county where the divorce is filed for 3 months.

2. File the Petition

   •    One spouse (the petitioner) files a Petition for Dissolution of Marriage (Form FL-100) and other required forms, such as:

   •    Summons

   •    Declaration Under UCCJEA, if there are children involved.

3. Serve the Spouse

   •    The petitioner serves the other spouse (the respondent) with the divorce papers.

   •    This must be done by someone over 18 who is not involved in the case.

   •    Proof of Service of Summons must be filed with the court.

4. Response from the Spouse

   •    The respondent has 30 days to file a Response.

   •    If they do not respond, the court may proceed by default.

5. Disclose Financial Information

   •    Both parties must exchange financial disclosures, including:

   •    Schedule of Assets and Debts

   •    Income and Expense Declaration

6. Temporary Orders (if needed)

   •    Either spouse can request temporary orders for issues like child custody, support, or property use by filing a Request for Order.

7. Negotiate a Settlement

   •    Spouses can negotiate and agree on issues like:

   •    Property division

   •    Child custody and visitation

   •    Child and spousal support

   •    Agreements are documented in a Marital Settlement Agreement and submitted to the court.

8. Trial (if no agreement)

   •    If spouses cannot agree, the case goes to trial, where a judge decides unresolved issues.

9. Finalizing the Divorce

Submit the following forms for final judgment:

   •    Judgment

   •    Notice of Entry of Judgment

   •    California has a 6-month waiting period from the date the respondent is served for the divorce to be finalized.

Key Considerations

   •    California is a no-fault divorce state, meaning neither spouse needs to prove wrongdoing.

   •    It is also a community property state, where assets and debts acquired during the marriage are divided equally unless otherwise agreed.

Contact Voloshko Law Office, PC at (925) 705-9796 or schedule a consultation to speak with a dissolution of marriage attorney in Walnut Creek, CA.