Filing for divorce in California is an important first step, but it does not mean your marriage is legally over. Several procedural requirements must be completed before a court can issue a final divorce judgment.
For husbands and fathers, the process may involve important decisions about property, finances, child custody, and support.
Understanding what happens after filing can help you avoid missed deadlines, protect your rights, and prepare for the next stages of your divorce.
Step 1: Serve Your Spouse With Divorce Papers
After filing a Petition for Dissolution of Marriage (Form FL-100) and Summons (Form FL-110), the filing spouse must arrange for the other spouse to be formally served.
Generally, an adult who is not a party to the case must complete service using a legally permitted method.
The person who serves the documents must complete a proof of service, which is filed with the court.
Proper service is important because it establishes notice of the proceedings and triggers deadlines for the responding spouse.
Step 2: Your Spouse Has an Opportunity to Respond
In most California divorce cases, the responding spouse has 30 days after service to file a Response (Form FL-120).
The response allows that spouse to state their position regarding the divorce and related issues.
If no response is filed, the petitioner may be able to pursue a default judgment.
However, a default does not automatically mean the filing spouse receives everything requested.
The court must still follow applicable legal requirements concerning property division, support, and children.
Step 3: Automatic Restraining Orders Take Effect
California divorce summonses include Automatic Temporary Restraining Orders, commonly called ATROs.
These restrictions generally apply to the petitioner when the summons is issued and to the respondent upon service.
ATROs limit certain actions involving property, insurance, and children.
For example, spouses generally cannot transfer or conceal property outside permitted exceptions, change certain insurance arrangements, or remove minor children from California without the required consent or court authorization.
Violating these restrictions can create serious complications during the divorce.
Step 4: Exchange Financial Disclosures
California requires spouses to exchange financial information during divorce proceedings.
Preliminary declarations of disclosure generally include information about assets, debts, income, and expenses.
Common forms include the Declaration of Disclosure (FL-140), Schedule of Assets and Debts (FL-142), and Income and Expense Declaration (FL-150).
These disclosures are important because California courts must address property rights and financial obligations based on accurate information.
Even when spouses agree on the division of property, mandatory disclosure requirements generally still apply.
Step 5: Address Temporary Custody, Support, and Financial Issues
Divorce cases can take months or longer, so families may need temporary arrangements while the proceedings continue.
Either spouse may request temporary court orders concerning child custody, parenting time, child support, spousal support, or certain financial matters.
For example, a father may seek a temporary parenting schedule that preserves consistent contact with his children.
California courts make custody decisions based on the child’s best interests, not a preference for either parent based on gender.
Temporary orders can provide structure until the parties reach an agreement or the court issues further orders.
Step 6: Wait for the Divorce to Become Final
California has a mandatory six-month waiting period before marital status can be
terminated.
Under Family Code section 2339, the earliest termination date generally depends on when the respondent was served or appeared in the case.
However, the divorce does not become final automatically when six months pass.
The court must enter an appropriate judgment, and unresolved issues may delay completion.
In some circumstances, the court may terminate marital status while reserving other issues for later resolution.
Why Legal Guidance Matters
The period after filing for divorce can involve significant decisions affecting parental rights, financial security, and long-term obligations.
Men’s Legal Center can help California husbands and fathers navigate service requirements, financial disclosures, temporary orders, custody disputes, and settlement negotiations.