Divorce Overview Petitioner: the spouse initiating the divorce

Respondent: the other spouse

Summons and Petition for Petitioner files Proof of Service
Dissolution of Marriage and Request to Enter Default
Filed by Petitioner and
Served on Respondent Petitioner serves spouse with a Petitioner fills out forms for default judgment, including
Preliminary Declaration of Petitioner serves any forms for child custody, child support, spousal
Disclosure and files Final Declaration of support and property division and submits to the Court
Response Declaration Regarding Service of Disclosure and may waive with or without an attached Settlement Agreement2
Declaration of Disclosure Form1 service by Respondent1
filed within 30 Days
or No
Response filed
after 30 days
but prior to any Disagree on Some or All Issues Request for Trial Setting4
filing for default? Spouses may engage in Discovery to gather
evidence that will be presented at trial.
Trial Setting Conference5
Yes
Disagree on Custody Issues?
Spouses must attend a Court-sponsored parenting Final Declaration of Disclosure1
Each spouse serves class (PACT), meet with a mediator (Family Court
Trial
the other with a File for Services) and comply with any other court orders such on
and Obtain Mandatory Settlement Conference6
Preliminary as anger management classes or a Child Custody
Declaration of Temporary Evaluation.
All Contested
Disclosure1 Orders, as Issues
needed3 Disagree on Property Issues? All issues settled?
At the Mandatory Settlement Conference, the Court
may send spouses to attend arbitration for the division No
of personal property. Court orders one party to
Yes Parties prepare a Stipulated Judgment prepare and submit
Agree No specifying the settled issues that will Judgment Forms
be included in the Divorce Judgment
on all Issues?

Final Declaration of Disclosure Court signs and

Yes served by each spouse, Parties create a enters
or waived in agreement1 Marital Settlement Agreement with terms of divorce7 Divorce Judgment8

Motions to modify support, Limited Appeals available

custody, or visitation for the purpose of
orders9 contesting division of
property and assets10

Los Angeles Superior Court This is a general overview only and does not constitute legal advice. Footnotes on reverse
Planning and Research Unit The procedure in any particular case may vary. June 2011
 Divorce Overview Footnotes Quick Summary
1 The Preliminary and Final Declarations of Disclosure are not filed with the court but are served on the other Petitioner:
spouse. A Declaration of Disclosure lists income, assets and debts. A Declaration Regarding Service of Declaration the spouse initiating the divorce
of Disclosure is filed with the court to prove that the other party was served. Under certain circumstances, the Final Respondent:
Declaration of Disclosure may be waived if both parties agree. the other spouse
If the respondent does not file a
2 In a small number of complex situations, a hearing is required even for a default divorce.
response within 30 days of receiving
3 An Order to Show Cause is filed to ask the Court to issue temporary orders for child custody, visitation, and/or the petition, the petitioner can obtain
support. These orders will generally remain in effect until the final Judgment is entered, at which time the court will a “default” divorce by filing court
issue Permanent Orders. forms for judgment, child custody,
child support, spousal support, and
4 A Request for Trial Setting is a request that the court set the matter for a trial. Various conferences and meetings property division. No trial is needed.
must take place before the trial occurs; if the parties settle all contested issues, no trial is held.
If the respondent responds and the
5 At a Trial Setting Conference, the judge will ask questions to make sure that discovery is complete and that the case spouses agree on all issues, they
is ready for trial. draft a Marital Settlement Agreement
and incorporate it into the Divorce
6 At the Mandatory Settlement Conference, the spouses and, if represented, their attorneys, will meet at the court with Judgment. No trial is needed.
the goal of settling as many issues as possible. Settled issues are included in the Marital Settlement Agreement. Any If there is a response but the
unsettled issues will be decided at the trial. If all issues are settled, no trial is needed. For any trial estimated to last spouses disagree on some or all
five hours or more, the Mandatory Settlement Conference is usually scheduled two weeks before the trial. issues, there are specific court
processes that must be followed, with
7 A Marital Settlement Agreement is a legal document, signed and notarized by both parties, that details how they
the goal of arriving at a settlement
have settled any/all the issues of their case. It can specify how property, assets and debts are to be divided and can
agreement and avoiding a trial. If
set forth agreed-upon spousal support, child support, and visitation.
there are still areas of disagreement
8 A Divorce Judgment is formally known as a Judgment of Dissolution of Marriage. The divorce is not final until the after following these processes, the
Judgment is signed by the judge and it has been at least six months and one day since the petition was filed and spouses can include any uncontested
served – even in a default divorce. In a contested divorce, it often takes much longer and all contested issues are issues in a Marital Settlement
usually decided before the Judgment is issued. However, it is possible to bifurcate the proceedings so that the divorce Agreement and go to trial on the other
judgment is issued while other issues wait for trial or settlement. issues.

9 After the judgment, either party may at any time make motions to modify support, custody, or visitation orders. A If the spouses have been married 5
parent who seeks a child custody modification needs to show a significant change in circumstances. years or less, have no children
together, own no real estate and meet
10 Limited Appeals. An appeal regarding asset division must be filed within 60 days of the divorce judgment. After 60 certain other requirements, they can
days, a divorce judgment may only be set aside for fraud, duress, perjury, mental incapacity, mistake, or failure to obtain a Summary Dissolution
comply with the disclosure requirements. Specified time limits apply. which is faster and less complex.

For Self-Help
www.courts.ca.gov/selfhelp-divorce.htm
www.lasuperiorcourt.org/familylaw
Includes phone numbers for the walk-in self-help
services that are available at most courthouses.

Los Angeles Superior Court This is general information only and does not constitute legal advice. Overview on reverse
Planning and Research Unit The procedure in any particular case may vary. June 2011