Divorce Process in Los Angeles

This page intends to provide a comprehensive overview of the divorce process. Some people may relate better to the flow chart shown at the bottom of this page, while others may prefer a textual explanation of the divorce process. You can always reach out to DIVORCE310 by phone or email. 

When spouses agree to an amicable, uncontested divorce in Los Angeles, the process can be relatively simple and cost effective. However, when one spouse acts uncooperatively and dishonestly, hiring a Los Angeles divorce lawyer becomes a critical economic decision. 

Key Terms and Overview of Divorce Process

The spouse who files for divorce is the Petitioner and the other spouse is the Respondent. The initiating document filed by the Petitioner is called the Petition. It must be served (delivered) with a Summons which states rights and obligations, and a blank Response form. After the Respondent is served, the Petitioner files a Proof of Service (which proves the Respondent was served) with the court. Alternatively, a spouse may agree to receive the Petition by mail, in which case the Petitioner may file a Notice of Acknowledgement and Receipt.

The Respondent should complete the Response, file it, serve it on the Petitioner, and file a proof of service. If the Respondent chooses not to respond, the divorce may proceed as a default divorce. The default pathway is shown along the very top of the graph below; it allows the divorce to proceed towards the finish line without the participation of the defaulting spouse.  

Assuming the Respondent responds to the Petition, each party must serve their Preliminary Declaration of Disclosure (“PDOD”) on the other party. These disclosures may consist of hundreds of pages; but only the FL-141 Declaration of Service is filed with the court. Your PDOD must be complete and accurate. Your PDOD must be updated as additional, materially different information becomes available. The Petitioner has 60 days from the Petition filing date to serve the  PDOD, while the Respondent has 60 days from the Response filing date to serve the PDOD. 

In an uncontested divorce, after the spouses serve their PDODs, the spouses may proceed to draft and sign a marital settlement agreement (“MSA”). The MSA is attached to the Judgment which gets filed with the court, and the judgment is entered.The divorce becomes final (each spouse is legally single) six months after the date of service of the Petition. FCS 2339(a).

In a contested divorce, the spouses disagree on one or more issues such as spousal support, child support, child custody, division of assets. Discovery, which may be costly and time consuming, is often necessary when one spouse is acting uncooperatively and dishonestly. Sometimes a spouse intentionally conceals assets, intentionally misrepresents income, refuses to make required disclosures, and intentionally delays resolution of the divorce. Such bad faith tactics by a spouse are best handled by a competent lawyer in order to bring a contested divorce to conclusion. 

To obtain further information and secure legal representation through your divorce, contact David Weber.