Hi, I’m Claudia Brown Coulter with Pivotal Peace. I am your go-to mediator for families navigating divorce while parenting children with special needs. I’m also a legal document assistant (LDA) in the greater Los Angeles area. Today, we’re talking about a crucial topic: what happens after you file for divorce?
Step-by-Step: The Process After Filing
First of all, let’s clear up a common misconception. Some people think they should settle everything before filing for divorce. They’ll say, “We’ll do all our divorce negotiations and then file,” or “We’ll come to mediation after we’ve agreed on everything.” This approach doesn’t make sense. You want to file your divorce paperwork as soon as possible because, in California, it takes six months before the court will finalize your divorce.
Serving Your Spouse
After you file, the next step is to serve your spouse. This means giving them the divorce papers and giving them 30 days to file a response. During this period, they can answer your petition and file their response. But if they don’t respond within 30 days, what happens next?
Understanding the Timeline
The 30-Day Waiting Period
During the 30-day waiting period after serving your spouse, you can’t finalize your divorce. But that doesn’t mean you should sit idle. This time is perfect for getting your financial disclosures in order and starting mediation to work out the terms of your divorce.
Financial Disclosures
Financial disclosures are required in every county in California. As the petitioner, you must file your financial disclosures. If your spouse files a response, they must also file their financial disclosures. In some counties such as Los Angeles, San Bernardino, Santa Barbara, Orange, Ventura, and San Diego, even if your spouse doesn’t file a response, they are still required to file their financial disclosures.
Moving Forward: Mediation and Finalizing Your Divorce
Using the 30 Days Wisely
While you wait for the 30-day period to pass, this is an ideal time to mediate. Sit down with your spouse and a mediator to work out any issues and finalize the terms of your divorce. This will help you avoid delays and ensure that when the 30 days are up, you’re ready to move forward.
Filing for Default and Wrapping Up
After the 30 days, if your spouse hasn’t responded, you can file for default. But remember, you still need to complete your financial disclosures and finish all your divorce paperwork. The court requires a detailed settlement agreement, outlining how you’ll dissolve your marriage and settle your estate.
The Six-Month Waiting Period
Even after filing everything correctly, the court still mandates a six-month waiting period from the date your spouse was served before your divorce is finalized. However, getting your paperwork done early means you’re ahead of the game, and the court can process your divorce as soon as the waiting period is over.
Final Thoughts
Nothing magical happens just because you file for divorce. You still have to do the work. Are you the type who likes to get everything done quickly? Then burn that midnight oil and get your financial disclosures done. Are you someone who needs to work in bursts of energy? Then take advantage of those times when you feel motivated.
Avoiding Procrastination
The sooner you get your paperwork done, the sooner you can serve your spouse, and the sooner you can get in line for the court to finalize your divorce. Don’t procrastinate. This process is about starting a new life and gaining your freedom. The quicker you complete these steps, the sooner you can move forward.
Support and Resources
If you’re feeling overwhelmed, remember that help is available. As an LDA, I can assist you in filling out your paperwork and guiding you through the process. If you have any questions or comments, drop them below.