By Wallace Francis

This is Part 4 of a four-part series on how a divorce moves through the California courts. Part 1 covered the petition and the response, Part 2 covered financial disclosures, and Part 3 covered motions and temporary orders. This final part covers the judgment.

Every divorce case ends with a judgment. The judgment is the court’s final order. It ends the marriage, divides the property and debts, and sets out the long-term orders for custody, child support, and spousal support. There are several ways to get there, and the path a case takes has a big effect on how long it lasts and how much it costs.

The Four Main Paths

Most California divorces end in one of four ways.

  • Default without an agreement. The Respondent never filed a Response, and the court decides the case based on what the Petitioner asked for in the Petition.
  • Default with an agreement. The Respondent did not file a Response, but the spouses signed a written agreement that becomes part of the judgment.
  • Uncontested with an agreement. Both spouses took part in the case and reached a full written settlement.
  • Trial. The spouses could not agree on one or more issues, and a judge decides those issues after hearing evidence.

Couples who have been married a short time, have no children, and have very little property or debt may qualify for a simpler process called a summary dissolution. It has strict requirements and is not available in most cases.

Settlement

Most divorce cases settle before trial. Spouses can negotiate directly, through their lawyers, or with the help of a private mediator. Many courts also hold settlement conferences, where a judge or an experienced volunteer attorney meets with both sides and helps them find middle ground.

When the spouses agree, the terms are written into a Marital Settlement Agreement. This agreement usually covers the following.

  • How property will be divided, including the house, bank accounts, retirement accounts, vehicles, and any business.
  • Who will pay which debts.
  • Child custody and a parenting plan.
  • Child support and spousal support.
  • Attorney fees and any other issues in the case.

Read the agreement carefully before signing it. Once a judgment is entered, the division of property is generally final and is very difficult to change later. It is also important that both spouses have exchanged their final financial disclosures, or have properly waived them in writing, before the agreement is signed.

The Judgment Paperwork

A judgment is submitted to the court on a set of forms. The main ones are the following.

  • The Judgment (form FL-180).
  • A Declaration for Default or Uncontested Dissolution (form FL-170), in default and uncontested cases.
  • The signed Marital Settlement Agreement, if there is one.
  • Attachments for custody, child support, spousal support, and property, as needed.
  • A Notice of Entry of Judgment (form FL-190).
  • Proof that the required financial disclosures were served.

Court staff review the paperwork before a judge signs it. If something is missing or incorrect, the court may reject the package and send it back to be fixed. That can add weeks or months to the process, so it pays to get the paperwork right the first time. How long it takes to get a judgment signed varies from county to county.

Trial

If the spouses cannot agree, the court will set the case for trial. There are no juries in California divorce cases. A judge hears the evidence and makes the decision. Each side may present testimony, documents, and expert witnesses, such as real estate appraisers, business valuation experts, or forensic accountants. Before trial, the court usually requires each side to file a statement of the issues and the evidence they plan to present.

Trials take time and can be expensive. They also put the final decision in the hands of someone who does not know the family. For those reasons, trial is usually saved for issues the spouses cannot resolve any other way. Sometimes the spouses settle most issues and only try the one or two that remain.

Ending the Marriage Before Everything Is Decided

In some cases, one spouse wants to be legally single before all the money issues are worked out. The court can bifurcate, or separate, the issue of marital status and end the marriage first, while property and support issues continue. The court usually adds conditions to protect the other spouse, such as keeping health insurance coverage in place and protecting rights to retirement benefits.

When the Marriage Actually Ends

The judgment states the date the marriage ends. That date can be no earlier than six months after the Respondent was served or first appeared in the case. Even if the judgment is signed earlier, the spouses remain legally married until that date. A person should not remarry until the date shown in the judgment has passed.

After the Judgment

Getting the judgment signed is not the last step. The terms still have to be carried out. This often means the following.

  • Transferring titles to real estate and vehicles.
  • Refinancing a mortgage or loan to remove the other spouse’s name.
  • Dividing retirement plans, which often requires a separate court order sent to the plan.
  • Updating beneficiaries on life insurance and retirement accounts.
  • Updating a will or trust.

Keep in mind that a divorce judgment is an order between the two spouses. It does not bind banks or other creditors. If a former spouse fails to pay a joint debt that was assigned to them, the creditor may still try to collect from you.

Some orders can change after the judgment. Child custody and child support can be modified when circumstances change. Spousal support can usually be modified too, unless the spouses agreed otherwise. The division of property, on the other hand, is generally final.

Closing Thoughts

A divorce follows a predictable series of steps. It begins with the petition and response, moves through financial disclosure, may include requests for temporary orders, and ends with a judgment. Knowing what to expect at each stage can make the process less stressful and can help you make better decisions along the way.

The Full Series

This article provides general information about California divorce law. It is not legal advice, and reading it does not create an attorney-client relationship. Every case is different, and the rules and local court practices can change. If you are facing a divorce, speak with a family law attorney about your own situation.