Default with agreement While there is no response, the petition reflects an existing agreement between spouses. The respondent disagrees with the petitioner on the terms of the divorce. It is important to note that in California the divorce itself cannot be contested. This means that anyone who desires a divorce does not require the consent of their spouse to proceed. In short, the opposing party does not have to share the desire to divorce for the divorce to be finalized.
Contested divorce The respondent disagrees with the petitioner on the terms of the divorce. What to Expect in Divorce Court When both spouses agree on all issues, neither may need to see the inside of the courtroom during a divorce.
By simply filing appropriate documentation, the marriage can be dissolved without requiring a court appearance. Even if there are disagreements, partners can choose to avoid divorce court by submitting to mediation. All divorce trials are risky: by submitting to the judge, the parties let the state decide on issues of personal importance with finality.
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Divorce mediation permits the parties to retain control over their own destiny. While mediation also carries significant costs, trials are notorious for being expensive. However, if you and your spouse cannot come to an agreement with the help of a mediator, you may choose to litigate in court. Trials are rare in divorce proceedings; however, they may occur when the divorce involves minor children, complex property division , or significant assets.
A divorce trial begins well before the court session. First, the trial date must be set with the court by submitting an appropriate request.
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At some point, the judge will convene with the attorneys to confirm that both parties have exchange all trial materials subject to disclosure during the pre-trial discovery phase. Discovery is essentially when documentation, such as bank statements or medical records, may be subpoenaed directly from the bank or the health care provider by the opposing party, and must be delivered, if required by law. Oral expert testimony may be taken down in the form of written depositions. In California, and in the United States generally, the discovery process tends to be protracted lasting longer than expected , in comparison with a relatively short trial in court, which may last less than a day.
The judge reviews the arguments of both parties on all issues and decides who presented a stronger, more compelling argument. In the courtroom, the divorcing couple must present the support for their motions, as required by law, following the procedural rules applicable in the court. Because of the complexity of these rules, along with the complexity of the substantive law, self-representation may be very difficult and demanding, even in relatively simple cases.
For example, declarations of facts can be submitted in court as written statements. They must be sworn to be true and correct, under penalty of perjury. These written statements, once admitted, serve to support the motions of a party, in addition to any statements made in person in the courtroom. As the time to speak in court for each of the parties may be limited, written declarations can work against you. Each court has specific rules that determine the format and content of a declaration, including requirements such length in pages, font, or paper size.
Written declarations usually may not exceed five or ten pages, depending on the type of motion, with additional pages occasionally permitted for expert witnesses.
Exceptions are rare. Drafting the content of the declaration in a compelling way may be critical for the outcome of the case. Lack of legal training can prove to be disastrous.
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Expert witnesses can play a very significant role in family disputes. They can be called on to appraise property, or even to evaluate whether a spouse may be fit to parent. Under California law the courts must look to the best interest of the child, therefore the court may ask a therapist or a child counselor to spend time with the family members to weigh in on questions such as parenting plan.
But expert witnesses may be introduced by either spouse; an accountant or an actuary could be invited to opine on the financial issues involved. Business or property valuation experts might appear in court or be deposed.
Statements from expert witnesses may be gathered and exchanged during the pretrial discovery. Generally, the parties foot the cost for their own experts, but in high-stakes divorces, expert witnesses can be a sound investment. In California, the divorce cannot become final unless at least six month have passed since the petition and summons were properly served. When the required minimum six-month period from the date of service has elapsed, the divorcing spouses can enter their agreement with the court. Once signed by the judge, the divorce agreement is referred to as the final decree or a divorce judgment.
Both parties to the divorce receive a copy of the decree. A divorce decree is a court order, which contains all the agreements and decisions made during the divorce proceedings. In order to use one of the people listed here as a process server, he or she must be at least 18 and cannot be part of your divorce case.
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The person you use must serve the paperwork during the appropriate amount of time, fill out a proof of service form, and return the proof of service form to you so you can give it to your lawyer or file it with the court. The proof of service form tells the court who was served, when it happened, where it happened, and how it happened.
You can also serve divorce papers on your soon-to-be ex-spouse in several other ways, including:. Call us at for a consultation. The sooner you call us, the sooner we can begin developing the strategy that gets you the best possible outcome in your case. Your Name required. Your Email required. Your Message. How to Serve Divorce Papers in California. Using a Process Server to Serve Divorce Papers Under California law, any of the following people can serve divorce papers on your spouse by hand-delivering them as long as the person you choose meets the right criteria , which is called personal service.