What is the Legal Status of Your Divorce Case in California?

• You've come so far in your divorce process
• Divorce waiting period
• Things you can do while you wait
• Select your county to look up your status

Divorce cases can take a long time, which means you may be left wondering where your case stands. Here, we'll describe a bit about the divorce process in California and provide links that may help you view your case status in your county. Note that not every county in California allows you to view your divorce case status online.

You’ve come so far in your divorce process

There are many steps you've already taken in your divorce process:

Filing the petition

The first step in a California divorce is to file a petition for divorce with the court. The petition should include information about the grounds for the divorce, the request for spousal support, child custody, and visitation (if applicable). After filing the petition, a summons is issued and served to the other spouse.

Service of process

The other spouse needs to be officially notified of the divorce through service serving of the petition and summons. This is done by a neutral third party who is authorized to serve legal documents.

Financial disclosures

Divorcing parties are required to exchange financial disclosures with each other. This includes a declaration of assets, debts, income, and expenses. These disclosures are required by law, and failure to disclose all assets and debts can result in serious penalties.

Negotiation and settlement

After the financial disclosures have been exchanged, the spouses will attempt to negotiate a settlement of all issues. If the spouses can come to an agreement on all issues, they will submit a final settlement agreement to the court.

Divorce waiting period

A divorce waiting period is required in many states. It is the amount of time that must elapse after a divorce petition is filed and served on the other spouse before the divorce can be finalized. In California, there is a mandatory six-month waiting period for all divorces.

During the waiting period, spouses can negotiate and try to reach a settlement agreement on all divorce-related issues such as property division, spousal support, child custody, and visitation. If a settlement agreement is reached, it is submitted to the court for approval. If the court approves the agreement, the divorce can be finalized after the six-month waiting period.

If the spouses cannot reach an agreement during the waiting period, the court will schedule a trial. At the trial, the court will hear evidence and make decisions about issues the divorcing parties cannot resolve themselves or through mediation.

It is important to note that the waiting period cannot be waived or shortened, even if both parties agree to proceed with the divorce before the six months have passed.

Things you can do while you wait

During the waiting period for a divorce in California, there are several things that a couple can do to prepare for post-divorce life. Here are a few examples:

• Set up health coverage for post-divorce life. If one spouse is covered by the other spouse's health insurance policy, they may need to find new coverage after the divorce. To prevent a gap in coverage, it’s a good idea to start researching and comparing health insurance plans during the waiting period.
• Find a place to live. If one or both spouses will need to move after the divorce, they can start looking for a new place to live during the waiting period. This can include researching rental properties, contacting a real estate agent, or exploring options for purchasing a home.
• Create a post-divorce budget. It’s important to have a clear understanding of your finances and expenses after divorce. A post-divorce budget can help you plan for expenses related to housing, utilities, food, transportation, child care, and other costs you’ll incur in your post-divorce life.

Depending on your situation, you may want to explore other ways to prepare for post-divorce life: finding a new job, creating a parenting plan, or seeking counseling or other forms of support to help you weather the challenges of divorce.

If you have already filed for divorce, your case number (often referred to as your case ID) is the number assigned by the court clerk to identify your case. It's usually in the top right corner of a filed document.

Select your county to see the status of your divorce case

Maybe you're wondering whether your judgment has been processed by the court. Maybe you're concerned that your spouse has filed a request for child support without notifying you.

In most counties, you can check the status of your case by clicking on one of the links below and entering your case number or name. 

Have Questions About Divorce? Don't Know Where to Start?

Our experienced team can answer your questions to help you understand the process and figure out what's best for your specific situation.

 

Schedule Your FREE 15-Minute Call