What to Expect in a Los Angeles County Contested Divorce – Part 2 – The Divorce Trial Process

The first time you walk into the Courthouse, the gravity of your divorce proceedings will hit hard. You are in a building where you might feel intimidated by the jargon, the people, and the complex rules you need to follow. That feeling of being overwhelmed is not unique to you, and hopefully as you better understand the process some of your anxieties and concerns will melt away.

This is a blog series designed to walk you through the mechanics of a contested divorce. It will allow you to understand what to expect and what you need to prepare. This blog will discuss what to expect AFTER the commencement of the Divorce when the Petition and Response has been competed, filed, and served.

If you have not read our first blog in this series about the commencement of the divorce, we recommend you take a moment and read that first.

In an upcoming and final blog of this series we will explore and discuss how children affect the divorce process and what to expect in that scenario.

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.

The Financial Disclosures: Non-Negotiable

Early in the case, both spouses must exchange a package of sworn financial documents called the Preliminary Declaration of Disclosure. Family Code section 2104 makes this mandatory, and cannot be waived.

The law requires the Petitioner to serve a Preliminary Declaration of Disclosure within 60 days of filing the petition. The Respondent must file their declaration within 60 days of filing their response. If either party fails to comply the consequences can be severe as set for in Cal. Fam. Code §2107. The consequences can include:

1. Financial and Asset Penalties

• Asset Forfeiture: The court can award up to 100% of the value of an undisclosed asset or obligation to the innocent spouse (Family Code Section 1101(g)).
• Judgment Set-Aside: A previous divorce settlement or court judgment can be completely canceled (set aside) due to fraud or failure to disclose material financial facts.

2. Sanctions and Fees

• Attorney Fees: The offending party is routinely ordered to pay the other side's lawyer and court costs required to track down the missing financial information. [
• Monetary Sanctions: Judges can impose heavy cash fines as a penalty for wasting the court's time and violating disclosure laws, regardless of whether the non-disclosure was intentional or negligent.

3. Legal and Criminal Consequences

• Perjury Charges: Disclosures are signed under penalty of perjury; knowingly lying or hiding assets can lead to criminal perjury or fraud charges.
• Contempt of Court: Disobeying court orders to produce financial documents can result in a contempt citation, carrying potential fines or jail.

The bottom line is you MUST comply! The financial disclosure package that must be sent to your spouse includes:

• The Declaration of Disclosure (FL-140),
• A Schedule of Assets and Debts (FL-142),
• An Income and Expense Declaration (FL-150),
• Statement of Material Facts
• and your last two years of tax returns.

You also must file with the court your sworn statement confirming you served the disclosures which is Form FL-141..

Be thorough and be honest, getting caught even shading your disclosures poisons everything that follows.

Temporary Orders: The Case Inside the Case

By their very nature contested divorces can last from one to two or more years and during that period both parties must continue on with their lives paying their bills, mortgage, and caring for children. To allow life to continue, either party can file motions with the Court to request temporary orders regarding child custody, child support, spousal support, control of property, or attorney fee contributions while the case is pending.

These temporary orders are usually filed within the first few months of the original filing, but can be filed anytime during the case. While these are designated as “temporary orders” you should take great care in making sure that the order works for you in the long term as they often form the framework for the final judgement.

To make a request of the Court, you must use Request for Order (Form FL-300).

Discovery: Gathering the Facts

Discovery is a time consuming and formal information-gathering phase designed to allow each party to ensure transparency, and gather information and evidence to prepare for settlement negotiations or trial. The process of discovery can involve take several different methods, such as:

1. Form Interrogatories–Family Law (FL-145). In California family law, there is an official form used for standard written questions covering basic financial and marital background questions.
2. Special Interrogatories: These are custom-written questions used to get facts unique to your case that, target specific financial contentions, and lock down the other side's sworn claims in a divorce or custody suit. Unless you attach a special declaration for additional discovery, California law restricts you to 35 special interrogatory questions that cannot be compound or contain subpart questions (e.g. a, b. c)
3. Request for Production (RFPs): Is the process that allows you to ask the opposing side to produce and allow copying or inspection of a document or thing. Typically, this may include documents such as bank statements, tax returns, pay stubs, deeds, insurance policies, and any other financial records that shed light on assets, debts, and income. Electronically stored information, such as emails and text messages, can also be requested. Since there is no special form for this type of request, standard pleading format is used.
4. Requests for Admission (RFAs): Requests for Admissions in a family law case are used to have the other party admit the truth of specific facts or the genuineness of documents so they do not need to be proven at trial. It is often used as a method to authenticate documents, establish property status, or to narrow the issues at trial. These admissions are obtained by drafting a formal written demand and waiting for a sworn response. Since there is no special form for this type of request, standard pleading format is used.
5. Depositions: A deposition in a California family court divorce is an out-of-court proceeding where a lawyer asks a spouse or witness questions under oath, limited generally to 7 hours of total testimony, and recorded by a court reporter and may be videotaped. The deposition process requires a formal notice to be served on the party or third party witness to be deposed. If that person is not a party in the proceedings it will require a subpoena to secure their attendance. The scope of the questions can be wide-ranging covering financial matters, child custody and care practices, and general background questions. Depositions are generally used to lock in a party’s testimony, to impeach the testimony of a witness, or evaluate a witness for credibility or settlement leverage.

How heavy and involved discovery gets depends on what's disputed. A case fighting over a parenting schedule may need little discovery. However, a case involving a family business, stock compensation, or suspicions of hidden income can involve forensic accountants and months of document exchange. This phase is also where legal fees climb fastest, which creates its own pressure to settle.

Settlement Conferences

Once the discovery process is complete, the Los Angeles County family courts hold a Mandatory Settlement Conference (MSC). As the name suggests, this conference MUST be attended by both parties and, if represented, by their attorneys.

Before the settlement conference, both parties prepare and serve a formal settlement conference brief outlining contested and uncontested issues, asset/debt proposals, and support calculations in compliance with local rules.

If forensic accountants or financial experts are utilized, they are often required to meet and confer beforehand to attach a joint statement or side-by-side analysis to the MSC brief.

The overwhelming majority of contested divorces settle before trial.

Trial

Family law divorce trials in Los Angeles County are formal, structured court proceedings where a judge hears testimony, reviews financial evidence, and makes final binding decisions on unresolved issues like property division, child custody, and support.

Procedurally each side gives opening statements, calls witnesses (including forensic accountants or custody evaluators), and cross-examines the other witnesses and spouse.

This is one of the most difficult phases for a party to perform without counsel because parties must follow formal rules of evidence and understand how to admit a document or photo into evidence

After each side presents their case and witness testimonies are given, the judge will either state their decision on the record but more often the Judge will take the case under submission and later mail their written decision weeks later.

One more aspect worth noting: if the case drags but you need to be legally single sooner (to remarry, or for tax reasons), Family Code section 2337 lets the court sever, or "bifurcate," marital status and end the marriage while property and other issues stay in litigation.

The Trial Phase is Over

While this summary of how to prepare and conduct a trial in the Los Angeles County Family Courts may seem quite expansive, it really is just a brief overview. When child custody issues are involved, the process will take on even more complexity. Our final blog in this series will discuss that aspect.

And again: this article is general information about California law and Los Angeles County procedure, not legal advice for your situation.

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