Complete process overview & timeline

So you've decided to get divorced in California and you know the basics - 6-month waiting period, community property, no-fault system. But what actually happens day-to-day during those months? What should you expect next week, next month, and in six months?

This is your detailed roadmap through the actual process. Think of it as the difference between knowing "divorce takes 8-12 months" and understanding exactly what fills those months and why some cases move faster than others.

What happens in the first 30 days after filing for divorce in California?

The first month sets the entire tone for your case. Miss deadlines here and you're already behind schedule.

What happens the first week after filing for divorce in California?

After you file your initial petition with the court, you'll get a case number and a date stamp on your papers. The court clerk will review your paperwork for obvious errors, but they won't catch everything. If there are problems with your forms, you might not find out for weeks.

Pro tip: Many courts offer same-day review services where a family law facilitator checks your paperwork before you file it. This catches errors early and prevents delays later.

How long does serving divorce papers take in California?

You have 60 days to serve your spouse, but most people try to get it done within the first two weeks. Here's what actually happens that surprises people:

Your spouse avoids the process server. This is more common than you'd think. If your spouse knows divorce papers are coming, they might suddenly become very hard to find. Professional process servers are experienced with this, but it can add days or weeks to your timeline.

Work service gets complicated. Many people think serving their spouse at work will be easy, but some employers don't allow process servers on their property, and your spouse might not be at their desk when the server arrives.

Out-of-state spouses require different procedures. If your spouse moved to another state, you'll need to follow that state's rules for service, which can take significantly longer than California service.

What happens if service takes longer than expected?

If you can't serve your spouse within 60 days, your case doesn't automatically get dismissed, but you'll need to request an extension from the court. This requires filing additional paperwork explaining why service hasn't been completed yet.

What happens in months 2-3 of California divorce?

This is when the real work begins, and when many people realize their "simple" divorce isn't as straightforward as they thought.

When are financial disclosures due in California divorce?

California requires financial disclosures within 60 days of filing, but here's what that really means in practice:

You need to serve your disclosures within 60 days of filing your petition, and your spouse needs to serve theirs within 60 days of filing their response. If your spouse waits 29 days to respond, their disclosure deadline doesn't start until then.

The gathering phase takes longer than expected. Most people underestimate how long it takes to collect 2 years of tax returns, 12 months of bank statements, investment account records, and property documents. Plan for this to take 2-3 weeks minimum.

Banks and financial institutions don't move fast. Requesting old statements from banks can take 1-2 weeks, and some investment companies charge fees for historical statements. Start this process immediately after filing.

What do judges look for in California divorce financial disclosures?

This isn't just paperwork - it's detective work. Each spouse reviews the other's disclosures looking for:

• Missing accounts or assets

• Unexplained income or expenses

• Transfers or withdrawals that happened before or during the divorce

• Business interests that weren't disclosed

• Debts that one spouse wasn't aware of

Red flags that trigger further investigation: Large cash withdrawals, new credit accounts opened recently, sudden changes in spending patterns, or accounts that show up on tax returns but not on disclosure forms.

What happens in months 4-6 of California divorce?

This is typically the negotiation phase, where your divorce gets resolved or becomes a long-term battle.

How do California divorce settlement negotiations work?

Forget what you see in movies - most divorce negotiations happen through a series of written proposals, not dramatic face-to-face confrontations.

• Round 1: Initial positions. Each side presents their opening offer, which is usually more extreme than what they actually expect to get. This is normal and expected.

• Round 2-4: Incremental movement. Each subsequent offer moves closer to a middle ground. Experienced attorneys know roughly where cases should settle based on California law and local court practices.

• Round 5+: Final negotiations. This is where deals get made or fall apart. Often, one or both parties need to compromise on their most important issue to reach agreement.

Why do California divorce negotiations fail?

1. Unrealistic expectations about asset values. One spouse thinks the house is worth $800,000, the other thinks it's worth $650,000. Without professional appraisals, these disputes can't be resolved through negotiation.

2. Emotional attachments to specific assets. Fighting over grandma's china set or the family dog rarely makes financial sense, but emotions override logic.

3. Support calculation disagreements. When one spouse's income is variable or includes non-traditional compensation, support calculations become complex and disputed.

What happens if my California divorce takes longer than 6 months?

Welcome to the "contested divorce" timeline, where everything takes longer and costs more.

How does California divorce discovery work?

Discovery is the formal process of gathering information and evidence. Unlike the initial financial disclosures, discovery can dig deep into specific issues.

• Interrogatories: Written questions that must be answered under oath. These often focus on specific assets, income sources, or parenting issues.

• Document requests: Formal demands for specific documents like business records, communication with third parties, or detailed financial records.

• Depositions: In-person questioning under oath, usually with a court reporter. These are expensive ($500-1,500 per deposition) but provide detailed information that can't be avoided or explained away.

What experts are needed for California divorce cases?

• Business appraisers: Required when one spouse owns a business or professional practice. The appraisal process alone can take 2-3 months and cost $5,000-$25,000.

• Real estate appraisers: Needed for unusual properties, multiple properties, or when spouses disagree significantly about values.

• Forensic accountants: Called in when one spouse suspects the other is hiding assets or manipulating financial information. These investigations can take 3-6 months.

• Child custody evaluators: Court-appointed professionals who interview family members, review records, and make recommendations about custody arrangements. This process typically takes 3-4 months and costs $3,000-$15,000.

What happens before California divorce trial?

Most people never reach this phase, but for those who do, it's intense and expensive.

How do California divorce settlement conferences work?

Before trial, California courts require settlement conferences with a judge (not the trial judge). These aren't casual conversations - they're structured negotiations where the judge gives both sides a reality check about their positions.

What judges focus on: Whether your settlement positions align with what a trial judge would likely order. Judges have seen hundreds of similar cases and know the likely outcomes.

Why cases settle here: Facing a neutral judge who explains what you'll likely get at trial versus what you're demanding in settlement forces realistic thinking.

How do you prepare for California divorce trial?

1. Witness preparation: Your attorney will spend hours preparing you and other witnesses for testimony. This includes practice questions, reviewing documents, and discussing how to handle cross-examination.

2. Exhibit preparation: Every document, photo, or piece of evidence needs to be formally admitted. This requires specific procedures and can involve hundreds of exhibits in complex cases.

3. Expert witness coordination: Scheduling appraisers, accountants, and other experts to testify at trial. Expert witness fees for trial testimony can be $300-$500 per hour.

What delays California divorce cases the most?

Understanding what slows cases down helps you avoid these pitfalls or plan for them.

What court delays should I expect in California divorce?

1. Judge availability: Some California counties have only 1-2 family court judges handling hundreds of cases. Getting a trial date can take 4-6 months from when you request it.

2. Court reporter shortages: Many California courts face court reporter shortages, which can delay depositions and hearings by weeks or months.

3. Holiday and summer slowdowns: Courts often have reduced schedules during summer months and around holidays, stretching timelines.

How can document problems delay California divorce?

1. Incomplete initial disclosures: Having to supplement or correct your financial disclosures adds 30-60 days to your timeline and makes you look disorganized.

2. Slow bank and financial institution responses: Requesting old records during tax season or year-end often takes longer than during other times of year.

3. Missing or incorrect paperwork: Every form that gets rejected by the court clerk adds 1-2 weeks to your timeline for corrections and refiling.

What professional delays slow down California divorce?

1. Overbooked attorneys: Lawyers handling too many cases might not return calls promptly or might request continuances frequently.

2. Expert scheduling conflicts: Popular appraisers and evaluators often have 2-3 month waiting lists for new assignments.

How can I speed up my California divorce process?

Since you can't control court schedules or your spouse's behavior, focus on what you can control.

What documents should I gather before filing for divorce in California?

Start collecting financial documents before you even file. Having everything organized and ready speeds up disclosure deadlines and makes you look prepared and credible.

1. Create a document checklist: Tax returns, bank statements, investment accounts, property records, insurance policies, and debt statements.

2. Get certified copies early: You'll need certified copies of various documents throughout the process. Getting them all at once is more efficient than requesting them piecemeal.

How important are deadlines in California divorce?

Whether it's your attorney asking for information, discovery requests from your spouse, or court deadlines, responding quickly keeps your case moving and builds credibility.

1. Set up a system for tracking deadlines: Use a calendar app, spreadsheet, or legal case management system to track every deadline and request.

2. Over-communicate with your attorney: Regular check-ins prevent last-minute scrambles and help your attorney prepare more effectively.

What should I prioritize in California divorce negotiations?

Every issue you fight about extends your timeline. Focus your battles on things that truly matter to your long-term financial security and relationship with your children.

1. Prioritize your must-haves: Know what you absolutely need versus what would be nice to have. Use your negotiating energy on the important stuff.

2. Consider the cost of fighting: If you'll spend $5,000 in attorney fees fighting over a $3,000 asset, the math doesn't work in your favor.

How long does it take to finalize a California divorce after settlement?

The final phase involves more steps than most people realize, even after reaching settlement agreements.

How long does court approval take for California divorce settlements?

Judges don't just rubber-stamp divorce settlements. They review agreements to ensure they comply with California law and protect everyone's interests, especially children.

• Common issues that slow final approval: Child support calculations that don't follow guidelines, property division that seems unfair without explanation, or custody arrangements that don't appear in the children's best interests.

• Timeline for final review: Expect 2-4 weeks for the court to review and approve straightforward settlements, longer if there are questions or required modifications.

What happens if there are errors in my California divorce paperwork?

• Minor corrections: Typos, math errors, or formatting issues usually require refiling corrected documents, adding 1-2 weeks.

• Substantial issues: Problems with legal compliance might require renegotiating parts of your agreement, potentially adding months to finalization.

Key takeaways for managing your California divorce timeline

Your divorce timeline isn't entirely within your control, but many delays are preventable with proper preparation and realistic expectations.

1. Start document gathering immediately - this single step prevents more delays than any other preparation.

2. Communicate clearly and promptly - whether with your attorney, your spouse, or the court, prompt communication keeps cases moving.

3. Focus your energy on issues that matter - fighting over everything extends timelines and increases costs exponentially.

4. Prepare for the process to take longer than the minimum - even simple cases rarely finish in exactly 6 months due to court processing times and paperwork requirements.

Understanding the detailed timeline helps you make informed decisions about when to push forward, when to compromise, and when to dig in for a longer battle. Your divorce will eventually end, but how long it takes and how much it costs depends largely on the choices you make during these crucial phases.