The Petitioner is simply the first spouse who files for divorce, and the Respondent is the spouse who responds to the initial filing. It does not matter who files first, and there’s no advantage or disadvantage to either position.

It does not matter who files first, and there’s no advantage or disadvantage to either position. If your spouse already filed a Petition, you can file a Response here.

After being served with the Petition, the other spouse (called the Respondent) has 30 days to respond. If you missed this window, go here to learn more about your options.

In California, it both spouses or domestic partners do not have to agree to the divorce. Either spouse can decide to end their marriage.

The spouse or domestic partner who does not want to get a divorce cannot stop the process by refusing to participate in the case. They don’t have to sign anything to agree to the divorce. If your spouse or domestic partner does not participate in the divorce case, you will still be able to get a “default” judgment and the divorce will go through.

A marriage is never legally valid if it is incestuous (the spouses are close blood relatives) or bigamous (one or both spouses are already married or in a domestic partnership with someone else).

An annulment could be granted for these other reasons, but it’s up to the judge to determine if you have enough proof.

• Minor age: The spouse filing for annulment was under 18 at the time of marriage.
• Already married: Either spouse was already legally married or in a registered domestic partnership, and the marriage or domestic partnership took place after the former spouse or domestic partner was absent for five years and not known to be living or generally thought to be dead.
• Unsound mind: Either spouse was of “unsound mind” or unable to understand the nature of the marriage or domestic partnership, including the obligations that come with it.
• Fraud: Either party got married or registered the domestic partnership as a result of fraud. Some examples are marrying only to get a green card or hiding the inability to have children.
• Force: Either party consented to getting married or filing a domestic partnership as a result of force.
• Physical incapacity: the parties got married or registered a domestic partnership while one of them was “physically incapacitated” (basically, it means that one of the spouses or partners was physically incapable of sex) and the incapacity continues and appears to be “incurable.”

If you or your spouse lives outside the U.S., we can process your divorce through the Divorce Plus, Divorce with Benefits, or Cooperative Divorce memberships. Please note:

• The overseas spouse must be willing to cooperate and they must have a valid U.S. mailing address.
• Additional service fees may apply.
• If the international spouse’s country prevents us from providing complete service for your divorce, you’ll be charged only for work performed, and we will refund the rest.
• International divorce usually requires more processing time, potentially up to 18 months, due to mail- and court-processing delays.

Filing a document means giving a copy to the court so the court can put it with all the other documents for the case, or the “file”. Most documents are now kept electronically, though you will find there is still a lot of paper documentation in the court system.

To start your divorce case, you have to “file” or give your documents to the court. You’ll also have to file more documents later before the judge finalizes your divorce. You may have to file documents throughout your case when different events happen, like your spouse responds to the divorce filing or you move and your address changes. All filed documents need to be formatted correctly or the court won’t accept them.

Filing in person means going to the court house and giving the court clerk the documents. E-filing is using the computer to give copies of the documents to the court. This is done either through a special interface on the court website, or in some cases, by email.

Each step includes directions for filing and serving documents. If you are a DIY Pro, Divorce Plus, or Divorce with Benefits member, we handle that for you.

To find out which step you are on in our Divorce Navigator, DIY members should review the My Forms page on our website. All other membership levels should consult with their legal assistant. And you can follow along all the steps using our California Divorce Navigator checklist.

Sometimes it’s easier to see all of your divorce requirements in one place. If that’s you, download this checklist to mark your progress as you go.

If you come back to a questionnaire you’ve only partially completed, the entire form fields may look like they are blank. However, any page you filled out and then hit ‘Save & Continue’ is still in your account. Click My Forms, then go to the questionnaire you were working on from the list, and you can start from where you left off.

Remember, in California, if your spouse or domestic partner does not participate in the divorce case, you will still be able to get a “default” judgment and the divorce will go through. However, you can schedule a legal coaching session to discuss your options.

The divorce process will take at least 6 months from the date the person filing for divorce officially lets their spouse or domestic partner know about the divorce. The case can take longer depending on the different agreements you are working through. But, your divorce can never take less time than 6 months.

The court clerk is in charge of making the court work, and they handle all the scheduling and paperwork for the court. They usually aren’t lawyers, but they are experts in what correctly filed court documents need to look like, and they are also responsible for accepting and rejecting filed documents. You’ll speak to the court clerk when you contact the court.

Througout your divorce, the court clerk will look at all the documents that are filed and make sure they are formatted the right way. That doesn’t mean that they’ll fix your mistakes, but they will tell you if you made a mistake. If your documents aren’t correct, the court clerk won’t accept them.

The court clerk also keeps track of when hearings will be, and lets divorcing parties know when they should appear at those hearings (usually by email).

We recommend being polite and understanding with the court clerk. They’re usually extremely busy, but they are also in charge of accepting (or rejecting) your documents, which is a vital step in getting your divorce. Remember, the court clerk isn’t your lawyer or represent you, so they can’t give you legal advice about your case. Sometimes, they might let you know where your mistakes are in your documents, but it’s not their responsibility. And they can’t tell you how to fix the mistake since that would be giving legal advice, which they aren’t allowed to do.

You may feel frustrated if the court clerk rejects your documents because of a mistake, but we advise staying calm, since your divorce case will be much easier and faster if the court clerk is not frustrated with you. A good strategy is asking them why the documents are being rejected and writing down their answers so you can later fix the documents and try filing again later.

Most of our California clients never have to see the inside of the courtroom. And that’s exactly what our goal is. But on occasion, you will receive a mailed notice from a local county court that they have scheduled a Status Conference (SC) or Case Resolution Conference (CRC) which will require you to ‘appear’ in court – sometimes in person, but often by telephone or a video call.

Both the SC and the CRC are designed to help you and your spouse move towards finalizing your divorce. No legal issues are usually addressed – rather, the court is interested in seeing if there is anything they can do to help move your case along. Read on to learn more.

Most of our users never have to appear for a Status Conference but if your particular court requires one, you’ll receive a mailed notice.

If you get a notice to attend a status conference, it means the judge in your county wants to make sure that the correct paperwork has (or will be filed) and that you and your spouse are working towards an agreement. If you’ve already completed Step 1 (Petition or Response) and Step 2 (Financial Disclosures) then you are good to go. If you haven’t completed Step 2, plan to tell the judge when you expect to get it done. The judge may ask you whether or not you have an agreement and if not, provide you with some resources or an option for a “settlement conference” to help you get there. If you are working together outside of court – or working with one of our mediators, just let the judge know.

At the conclusion of the status conference, the judge may send you on your way and tell you to submit your Judgment (Step 3). They may also set another status conference down the road just to make sure you’ve completed your divorce.

Case resolution conferences are very similar to a status conferences. The judge is trying to determine how close you are to finalizing your divorce. In a case resolution conference, the judge is often a bit more hands-on, creating an actual plan for you to get to settlement. If you’re curious about the purpose of a CRC or learning about more specific details, check out Family Code section 2451.

In California, a court cannot grant a divorce until 6 months have passed from the date that the Petition has been served (formally delivered by a third party) or from the date a “Notice and Acknowledgment of Receipt” has been signed by the responding spouse.

The earliest the court will sign a divorce judgment (or decree) is 6 months and 1 day from the date the Petition is served. You can usually submit your paperwork before the waiting period is over, but your actual date of divorce will be after the waiting period has ended. Once your paperwork is submitted, a court clerk will usually review it and either forward it to the judge for signature, or ask for additional information or documentation. The judge’s caseload usually decides how quickly your paperwork is signed.

Yes! Unless you receive an order from the court vacating (canceling or rescheduling) your hearing, you need to attend.