Do I Have to Go to Court to Get a Divorce in California?

Going through a divorce can be a daunting experience, even if you and your spouse agree on everything. Divorce, or dissolution, is one of three ways to end a marriage or domestic partnership in California, and it can feel overwhelming to go through the process. One of the first questions you may ask yourself is, “Do I have to go to court to get a divorce in California?”

The short answer is no. You do not have to go to court to get divorced in California if the case is uncontested. This means both spouses agree on all aspects of the divorce, including child support, custody, property division, spousal support, and any other relevant factors pertaining to your relationship.

How to Get a Divorce Without Going to Court in California

To get a divorce in California, you must file with the court, but that doesn’t necessarily mean you have to go to court during the process. Many couples opt for mediation over traditional litigation to minimize both the emotional and financial stress of the situation. Even if you’re going through an uncontested divorce, it’s wise to work with a California divorce lawyer. That way, you can have trustworthy legal representation to make sure the process goes smoothly.

You can go through the following steps to avoid going to court if you and your spouse can agree on all the important aspects of the divorce:

• File and serve the divorce papers. The first step in getting a divorce is to file the Petition for Dissolution of Marriage (FL-100) and any supporting documents with your California county court. Then, you can serve your spouse.
• Reach an agreement with your spouse. The key to divorcing without going to court is making sure you and your spouse agree on the terms of the divorce. You can choose to work with a mediator to make this easier. A California divorce attorney can also facilitate the process.
• Exchange financial disclosures. Both you and your spouse must exchange financial disclosures—Income and Expense Declaration (FL-150) and Schedule of Assets and Debts (FL-142)—to keep the divorce process transparent.
• Sign and submit a written settlement agreement. Once you’ve agreed on everything, you and your spouse must draft a Marital Settlement Agreement and submit it to the court.
• File the final paperwork. In California, you must wait six months after serving your spouse to submit the final judgment paperwork for your divorce. This includes the judgment itself (FL-180) and the Notice of Entry of Judgment (FL-190). Once a judge reviews the paperwork, they can sign the final judgment, and you’re officially divorced.

In fiscal year 2022-2023, the California Supreme Court reported 5,490 filings and 5,674 dispositions. By trying to handle your divorce case outside of court, you can avoid long wait times and delays due to high caseloads.

The State of Marriages in California

In 2022, California’s divorce rate was 5.9, which means nearly six of every 1,000 women got a divorce that year. A handful of factors contribute to this decline in divorces, including later marriages, cultural shifts, and an increase in cohabitation before marriage.

As of 2023, the median age for both women and men getting married for the first time is 31.2 years old. By waiting until they are more financially stable and mature, people have a better chance of having a stronger and more resilient marriage.

Changes in social norms have also led to stronger marriages. More people are communicating more openly about their expectations and working to minimize misunderstandings. Additionally, many couples live together before getting married, which gives them a better idea of what life together is like before making a more serious commitment.

In California, divorce rates vary significantly from region to region, mostly due to access to resources, education levels, and income. On average, couples who live in urban areas are less likely to get divorced than couples in rural areas in California. Other factors that impact divorce rates include:

• Changing attitudes toward marriage
• Economic conditions
• Impact of the Coronavirus pandemic

FAQs

Q: What Are the Requirements for Filing a Divorce in California?

A: To file for divorce in California, you or your spouse must have been living in California for at least six months. Additionally, you must have resided at least three months in the county where you’re filing for divorce. If you don’t yet meet these requirements, you can file for legal separation and divorce later once you qualify.

Q: What Do I Do If My Spouse Does Not Agree to Getting a Divorce in California?

A: In California, it’s not a requirement for both spouses to agree to the divorce. If one spouse decides they want to end the marriage, they have the right to file for divorce, and the opposing spouse cannot refuse the case. If your spouse chooses not to participate, you can expect the case to end in a default judgment.

Q: Does It Matter Who Files for a Divorce in California?

A: No, it does not matter which spouse files for divorce in California. The state’s courts do not give any preference or special treatment to the person who files (the Plaintiff) over the other spouse (the Respondent). If your spouse files the divorce, just be sure to respond to the petition form within 30 days.

Q: Can I Legally Change My Name in a Divorce in California?

A: If you want to change your name back to your maiden name, you can do so as part of your divorce case. If you didn’t decide to change your name at the time of the divorce but change your mind later on, you can still do so. Just file an Ex Parte Application for Restoration of Former Name After Entry of Judgment and Order (form FL-395) with the court that finalized your divorce.

Reach Out to a Local California Divorce Lawyer to Discuss Your Options

Going through a divorce can be a daunting and emotionally draining process, which is why it’s important to work with the right California divorce attorney. Our team at Bickford Blado & Botros can protect your interests and provide quality legal services to secure you a positive outcome in your divorce. Contact us to set up an appointment with one of our California family law attorneys to learn more about your options.

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