Disagree on Some or All Issues
Parties create a
Marital Settlement Agreement with terms of divorce
7
Trial
on
All Contested
Issues
Yes
Summons and Petition for
Dissolution of Marriage
Filed by Petitioner and
Served on Respondent
Yes
Response
filed within 30 Days
or
Response filed
after 30 days
but prior to any
filing for default?
Each spouse serves
the other with a
Preliminary
Declaration of
Disclosure
1
Court signs and
enters
Divorce Judgment
8
Motions to modify support,
custody, or visitation
orders
9
Limited Appeals available
for the purpose of
contesting division of
property and assets
10
Petitioner fills out forms for default judgment, including
any forms for child custody, child support, spousal
support and property divis
ion and submits to the Court
with or without an attached Settlement Agreement
2
Divorce Overview
No
Request for Trial Setting
4
No
Disagree on Custody Issues?
Spouses must attend a Court-sponsored parenting
class (PACT), meet with a mediator (Family Court
Services) and comply with any other court orders such
as anger management classes or a Child Custody
Evaluation.
Disagree on Property Issues?
At the Mandatory Settlement Conference, the Court
may send spouses to attend arbitration for the division
of personal property.
Trial Setting Conference
5
Final Declaration of Disclosure
1
Mandatory Settlement Conference
6
Petitioner: the spouse initiating the divorce
Respondent: the other spouse
Los Angeles Superior Court This is a general overview only and does not constitute legal advice. Footnotes on reverse
Planning and Research Unit The procedure in any particular case may vary. June 2011
Final Declaration of Disclosure
served by each spouse,
or waived in agreement
1
Petitioner serves spouse with a
Preliminary Declaration of
Disclosure and files
Declaration Regarding Service of
Declaration of Disclosure Form
1
Petitioner files Proof of Service
and Request to Enter Default
Agree
on all Issues?
File for
and Obtain
Temporary
Orders, as
needed
3
Court orders one party to
prepare and submit
Judgment Forms
Spouses may engage in Discovery to gather
evidence that will be presented at trial.
All issues settled?
Parties prepare a Stipulated Judgment
specify
ing the settled issues that will
be included in the Divorce Judgment
Yes
No
Petitioner serves
Final Declaration of
Disclosure and may waive
service by Respondent
1
Quick Summary
Petitioner:
the spouse initiating the divorce
Respondent:
the other spouse
If the respondent does not file a
response within 30 days of receiving
the petition, the petitioner can obtain
a “default” divorce by filing court
forms for judgment, child custody,
child support, spousal support, and
property division. No trial is needed.
If the respondent responds and the
spouses agree on all issues, they
draft a Marital Settlement Agreement
and incorporate it into the Divorce
Judgment. No trial is needed.
If there is a response but the
spouses disagree on some or all
issues, there are specific court
processes that must be followed, with
the goal of arriving at a settlement
agreement and avoiding a trial. If
there are still areas of disagreement
after following these processes, the
spouses can include any uncontested
issues in a Marital Settlement
Agreement and go to trial on the other
issues.
If the spouses have been married 5
years or less, have no children
together, own no real estate and meet
certain other requirements, they can
obtain a Summary Dissolution
which is faster and less complex.
For Self-Help
www.courts.ca.gov/selfhelp-divorce.htm
www.lasuperiorcourt.org/familylaw
Includes phone numbers for the walk-in self-help
services that are available at most courthouses.
Los Angeles Superior Court This is general information only and does not constitute legal advice. Overview on reverse
Planning and Research Unit The procedure in any particular case may vary. June 2011
Divorce Overview Footnotes
1 The Preliminary and Final Declarations of Disclosure are not filed with the court but are served on the other
spouse. A Declaration of Disclosure lists income, assets and debts. A Declaration Regarding Service of Declaration
of Disclosure is filed with the court to prove that the other party was served. Under certain circumstances, the Final
Declaration of Disclosure may be waived if both parties agree.
2 In a small number of complex situations, a hearing is required even for a default divorce.
3 An Order to Show Cause is filed to ask the Court to issue temporary orders for child custody, visitation, and/or
support. These orders will generally remain in effect until the final Judgment is entered, at which time the court will
issue Permanent Orders.
4A Request for Trial Setting is a request that the court set the matter for a trial. Various conferences and meetings
must take place before the trial occurs; if the parties settle all contested issues, no trial is held.
5At a Trial Setting Conference, the judge will ask questions to make sure that discovery is complete and that the case
is ready for trial.
6 At the Mandatory Settlement Conference, the spouses and, if represented, their attorneys, will meet at the court with
the goal of settling as many issues as possible. Settled issues are included in the Marital Settlement Agreement. Any
unsettled issues will be decided at the trial. If all issues are settled, no trial is needed. For any trial estimated to last
five hours or more, the Mandatory Settlement Conference is usually scheduled two weeks before the trial.
8A Divorce Judgment is formally known as a Judgment of Dissolution of Marriage. The divorce is not final until the
Judgment is signed by the judge and it has been at least six months and one day since the petition was filed and
served – even in a default divorce. In a contested divorce, it often takes much longer and all contested issues are
usually decided before the Judgment is issued. However, it is possible to bifurcate the proceedings so that the divorce
judgment is issued while other issues wait for trial or settlement.
9 After the judgment, either party may at any time make motions to modify support, custody, or visitation orders. A
parent who seeks a child custody modification needs to show a significant change in circumstances.
10 Limited Appeals. An appeal regarding asset division must be filed within 60 days of the divorce judgment. After 60
days, a divorce judgment may only be set aside for fraud, duress, perjury, mental incapacity, mistake, or failure to
comply with the disclosure requirements. Specified time limits apply.
7A Marital Settlement Agreement is a legal document, signed and notarized by both parties, that details how they
have settled any/all the issues of their case. It can specify how property, assets and debts are to be divided and can
set forth agreed-upon spousal support, child support, and visitation.
