California Divorce Court - How to Divorce Without Appearing There and What to Do If You Must

Going to California divorce court and letting a judge make all the decisions is not the best way to get divorced. If you and your spouse can work together to agree on the legal issues of your case--how you'll handle division of your property and debts, support, and parenting if you have minor children--there's a much better option.

The two of you can create a written agreement, called a Settlement Agreement, as part of an uncontested divorce. In California, this was formerly called a Marital Settlement Agreement (MSA); but since enactment of The California Domestic Partner Rights and Responsibilities Act of 2003, the term "Marital" was removed so that the agreement could be used by both married couples and domestic partners.

Even if cooperating with your soon-to-be ex is the last thing you want to do, the advantages of working out a Settlement Agreement are so huge that you should struggle long and hard to get one.

The goal of filling out California divorce forms and creating your Settlement Agreement is to get a Judgment that will settle the legal issues in your case and order your marriage dissolved.

There are two ways you can get your Judgment in California:

1) Filing a California divorce form FL-170, the Declaration for Default or Uncontested Dissolution, with your final papers. This is the easiest method because you can file all the required forms by mail, or personally deliver them to the court Clerk's office, without having to appear in California divorce court.

2) Going to a hearing in a California Superior Court. Most counties in California don't want a hearing if your case is uncontested (you've been able to create a Settlement Agreement, which becomes your Judgment, or the spouse who is not the Petitioner did not file a response), so if you have an uncontested divorce, you probably won't have to appear in court, but it can happen.

What To Do If You Have To Appear In California Divorce Court

In the unlikely event that you are asked to appear at a hearing with an uncontested divorce, don't worry, it's easier than you might think. Only the Petitioner has to go, and the hearing will be very brief. Most of your time at the courthouse will be spent waiting for your hearing to start. California family law judges see a lot of cases and will take no special interest in yours unless there's something unusual about it.

First you will have to set a date for your hearing with the Clerk at your California county's divorce court. At the hearing, when you are called, you take the stand and make statements about the facts of your case.

Your job at the hearing is to present evidence to the court that will allow the judge to make decisions. Be sure to bring with you any documents you have about the title or value of property or debts to be divided. If support is involved, bring recent pay stubs, accounting statements and tax returns to show the income of you and your spouse.

If you have a contested case, you will have no choice. You will have to appear in a California divorce court.