California divorce is governed by procedure as much as it's governed by substance. This essay walks through the procedural shape of a contested case, from the petition through the judgment, with a focus on what to expect at each stage.
Filing the petition
The case opens when one spouse files a Petition for Dissolution (FL-100) along with a Summons (FL-110). Filing fee in California is around $435. The petitioner is the spouse who files; the other spouse becomes the respondent.
Service and response
The petition must be served on the respondent personally — by someone over 18 who is not a party to the case. The respondent has 30 days to file a Response (FL-120). If they don't respond, the case can proceed by default.
Disclosures
Both spouses must complete preliminary financial disclosures: an Income and Expense Declaration (FL-150) and a Schedule of Assets and Debts (FL-142). California is a community-property state, and full disclosure is the foundation of any settlement or judgment.
Hearings, motions, and discovery
Most contested divorces involve at least one hearing — often a Request for Order (FL-300) for temporary support, custody, or attorney's fees. Discovery may include depositions, requests for production, and subpoenas to third parties.
Settlement or trial
The vast majority of cases settle before trial. Settlement may take the form of a written stipulation, a mediated agreement, or a settlement conference with the judge. If the case doesn't settle, it proceeds to trial — often months or years after filing.
Judgment
The case ends with a Judgment of Dissolution. The earliest a divorce can be final under California law is six months and one day from the date the respondent was served.
This essay is general information, not legal advice. Every case turns on its specific facts. If you're facing one, talk to an attorney about yours.