One spouse, known as the Petitioner, submits a document called a Petition for Dissolution of Marriage (along with other related forms) to the Clerk of the Court in their county. The other spouse, known as the Respondent, is then served with these documents. If the Respondent disagrees with any requests made in the Petition, they must file a Response within 30 days (or 45 days if served out of state).

If the Respondent fails to respond within this timeframe, the Petitioner can ask the court for a default judgment. To do so, the Petitioner files an Application for Entry of Default and sends a copy to the Respondent, who then has an additional 10 days to file a Response. If the Respondent still does not respond within those 10 days, the Petitioner may proceed with the dissolution process.

A contested divorce occurs when the Petitioner and Respondent cannot agree on certain issues, and the Respondent files a Response to dispute the Petition. Common areas of disagreement include child custody, child support, spousal maintenance, and property division. If the parties cannot resolve these disputes, the case goes to trial, where a judge will decide on the unresolved matters. In California, divorce cases are decided by a judge, not a jury.

An uncontested divorce, on the other hand, means both parties agree on all issues, and no disputes need to be resolved.

You can file for divorce in California if you have lived in the state for at least 6 months and in the county where you plan to file for at least 3 months.

Conciliation Services is a division of the Court that offers trained family counselors and mediators to help resolve disputes in divorce or family-related cases. These services aim to help parties reach agreements without needing a trial and are available to the public for free. Contact Law Office Of William H. Paynter for a free 30-minute consultation. Now offering virtual appointments. 

Joint legal custody means that both parents share decision-making authority over their child, with neither parent's rights being superior. Joint custody is granted if the court believes both parties can communicate effectively to make joint decisions about the child’s welfare.

If the judge determines that the parents cannot communicate well, one parent may be awarded sole legal custody, allowing them to make major decisions about the child’s life. The other parent may have limited or no input. 

Primary physical custody refers to the parent with whom the child primarily lives, and who has the authority to make everyday decisions regarding the child’s care.