California divorce questions that come up repeatedly in initial consultations cover the basics of how the process works, how long it takes, and what the legal requirements are. This page addresses the most common foundational questions.
Residency Requirements for California Divorce
Residency requirements divorce california: at least one spouse must have lived in California for the six months immediately preceding the filing of the petition, and in the filing county for the three months immediately preceding filing. If you do not yet meet the residency requirement, you can file for legal separation immediately and convert to divorce once you qualify. Residency requirements divorce california apply to the petitioner or the respondent — if your spouse has lived in California and the county for the required time, you can file even if you are new to the state.
Does Filing for Divorce First Matter?
Does filing for divorce first in california give you an advantage? In most cases, no — California's no-fault, community property system treats both spouses equally regardless of who files. The petitioner does get to choose the county (if there is a choice) and the case caption lists their name first. Filing first also triggers ATROS automatic restraining orders on the petitioner from the date of filing, which can be strategically important in some cases. Should you file for divorce before your spouse? Only if timing matters for strategic reasons — consult an attorney.
Serving Divorce Papers and the Response
Serving divorce papers california: after the petition is filed, the respondent must be formally served — you cannot serve your own divorce papers. The respondent then has 30 days to file a Response (FL-120). Proof of service must be filed with the court. What happens if my spouse won't sign? In California, your spouse's refusal to sign or cooperate does not prevent the divorce — you can proceed by default if they do not respond, or by contested hearing if they respond but disagree. Furubotten Law, APC guides clients through every step of the California divorce process. Call (714) 795-3862 for a complimentary case evaluation.