• The process of dissolving a marriage or domestic partnership begins when one spouse or partner files a Petition with the Superior Court closest to his or her home. The party who files the Petition becomes the Petitioner, and the other party becomes the Respondent. The Petition must be personally served on the Respondent by somebody other than the Petitioner. The Respondent must file a response to the Petition soon in order to avoid a default. It is advisable to retain an attorney prior to filing either a Petition or a Response.

• The dissolution process may proceed in several different ways:
• The parties may come to an agreement, and settle without further litigation;
• Both parties may together consult an attorney acting as a mediator, who assists the parties in coming to an agreement;
• Each party may retain an attorney who practices collaborative law: in this case, each party is represented by their own attorney, but the attorneys are only to negotiate an agreement, and are precluded from litigation;
• One or both parties may retain an attorney, and litigate the matter. It is still possible to reach a settlement during the litigation process, and many cases do settle prior to trial.
• You are not limited to one process: for example, you may begin by attempting mediation, and proceed to litigation if mediation fails. The attorney who conducted your mediation, however, cannot represent either party in the litigation (unless both parties agree).
  
• It is possible to proceed with a marital dissolution without the assistance of an attorney (this is called proceeding “in propria persona”, or “in pro per”): however, most people are not fully aware of their community property rights, and thus may not obtain their full rights. For example, it can be difficult for a lay person to determine the percentage of their spouse’s pension or stock options to which they are entitled.
  
• The conduct of your case will depend on several factors, including: the ability of you and your spouse or partner to cooperate; the number, types, and locations of assets involved (for example, real property, stock options, investment accounts); the presence of issues regarding child custody; and so forth.
  
• Your marital status can be terminated before or after the other issues have been settled or litigated, depending on the facts and circumstances of your case.

See "How long does it take to get a Divorce"

All information provided on this site is for general information and illustration only, and does not constitute legal advice regarding your specific case. This information may not apply outside the state of California, and may not apply to your case due to your specific situation. No attorney-client relationship is formed unless you meet with Ms. Green and sign a retainer agreement.