Divorce can be a frightening experience. All your plans, hopes, and dreams are crumbling at your feet. When it is a contested divorce, the impact can even be greater, as often all the love and cooperation you once found in your partner is gone. You may be entering a world where you feel you have lost control.
This is especially true because most people who walk into the Stanley Mosk Courthouse for the first time know almost nothing about how a divorce process works and how it moves through the system.
Your feelings are completely normal; nobody plans for this, and the process has its own vocabulary, deadlines, and rhythm that can feel designed to confuse you.
This blog series is designed to help alleviate some of that confusion and concern and walk you through what a contested divorce in Los Angeles County actually looks like, from start to finish. We have broken this out into a series of blogs to give you bite-sized, digestible pieces of the process.
In this first blog, we will discuss the first phase of the divorce action and what is involved in the Filing of the Petition and Response.
In the second blog of this series, we will discuss: Initial Disclosures. Temporary Orders, Settlement Conferences, and The Trial
Finally, in our last blog of the series, we will explore the differences between divorces with and without children. A divorce with children runs through different rooms of the courthouse than a divorce without them.
Disclaimer: This blog constitutes general information and is not legal advice. This platform is not a law firm, and its employees, agents, or representatives are not acting as your attorney. The content and tools offered are intended to assist individuals in understanding and navigating the divorce process without an attorney but are not a substitute for advice from a qualified attorney licensed in your jurisdiction. To allow you to independently verify information, wherever a fact appears below, you'll find a link to the statute, court rule, or source behind it.
What "Contested Divorce" Actually Means
A contested divorce isn't a special category of case you file. In fact, most law dictionaries don't include the term. It is when the parties to a divorce disagree on at least one issue and it requires the court to resolve. It can involve a factual issue such as the value of property, a legal issue such as custody or spousal support, or a situation where either party is simply unreasonable and refuses to settle the issues.
Contested cases follow the same filing steps as uncontested cases but add discovery, court hearings, settlement conferences, and potentially a trial. A contested divorce can take years to resolve depending on the complexity of the issues, the court’s caseload, and the degree of cooperation between the parties.
The disagreement doesn't have to be hostile. Two reasonable people can look at the same pension and honestly disagree about what it's worth. But once there's a dispute a judge must decide, you're in contested divorce territory, and the timeline and cost both change.
California is a no-fault state, which means neither party must prove fault or show any wrongdoing. The divorce petition will normally cite "irreconcilable differences." The reason is that claims of cheating, lying, and general bad behavior during the marriage rarely impact the outcome. The purpose of the court is not meant to punish bad behavior or declare a winner but to divide property, resolve support, and, if you have kids, set a parenting plan. There are exceptions where bad behavior can impact the outcome, such as domestic violence, which does affect custody and support.
The Ground Rules
Three very important rules impact EVERY divorce file in Los Angeles County Courts.
Step One: The Petition and the Summons and the Automatic Temporary Restraining Order and Response
The Petition for Divorce
Every divorce starts the same way, even contested divorces. One spouse, known as the Petitioner, files a Petition for Dissolution of Marriage along with a Summons and pays the first-appearance filing fee, which is $435 to $450 under the statewide fee schedule. If that fee is a hardship, you can file Form FW-001 to ask the court to waive it based on your income and expenses.
The Summons
The Summons must be personally served on your spouse, but you can't do it yourself. Another person over 18, a professional process server, or the sheriff can serve the summons.
The Automatic Temporary Restraining Order
Printed on the back of that Summons (Form FL-110) are automatic temporary restraining orders, known as ATROs. The moment the case is filed and served, both spouses are barred from:
Cashing in, borrowing against, or changing running. You have 30 days to file a Response (Form FL-120), and filing it costs the same first-appearance fee, around $435.
Ignoring the paperwork doesn't make the case go away. It makes it worse. If you don't respond, your spouse can seek a default judgment, and the court can grant much of what the petition asked for without hearing your side. If you can't afford a lawyer, the Self-Help Resource Center at Stanley Mosk offers free workshops and document review for people representing themselves in family law cases, and the court's Family Law Call Center can be reached at (213) 633-6363.
The Automatic Temporary Restraining Orders are binding on both Parties until the divorce petition is dismissed, a judgment is entered, or the court makes an order impacting them.
The Response
If you're the one who got served, the clock is running. You have 30 days from the time you are served the Petition and Summons to file a response. You must file that response with the Court using Form FL-120. When you file with the court, you must also pay a first-appearance fee of $435. You must also serve the same form on the Petitioner (spouse).
Ignoring the paperwork does not make the case go away. It is vitally important that your response fulfills these requirements. A letter, phone call, or even a court appearance will not protect you. Failing to make the appropriate timely response can adversely impact your marriage, property, finances, and custody of your children.
The End of the Beginning
A contested divorce in Los Angeles County is a long process with many procedures. We just introduced you to the first phase of the process and what you can expect. In our next blog, we will discuss disclosures, temporary orders, discovery, settlement conference, and, for a small minority, trial.
Again: this article provides general information about California law and Los Angeles County procedure, not legal advice for your situation.
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