Los Angeles County Divorce Filing: What You Must Know Before You Begin

It was 3 a.m., and Amanda sat at her kitchen table, staring at the divorce papers in front of her. She thought to herself, "I never imagined it would come to this, but here I am, about to file for divorce in Los Angeles County." Her mind raced with questions. How long would it take? How much would it cost? Would she have to see her soon-to-be ex in court?

Like Amanda, many individuals are faced with the daunting task of filing for divorce. With Los Angeles being one of the most populous counties in the United States, the divorce process here can seem complex, confusing, and overwhelming. But don't worry—by the end of this article, you'll have a detailed understanding of the entire procedure, including timelines, fees, and potential obstacles.

The Basics of Divorce Filing in Los Angeles County

Los Angeles County follows California’s no-fault divorce laws, which means you don’t have to prove that one party is to blame for the marriage’s failure. You simply need to cite "irreconcilable differences" or "incurable insanity" as the reason for divorce. This is both a blessing and a challenge because it means that either party can file for divorce without needing their spouse's consent, but it also opens the door for contested cases where both parties don't agree on the terms.

Steps in Filing for Divorce

The first step in filing for divorce in Los Angeles County is to complete a set of forms. These include:

• Petition (FL-100): This form officially requests the court to grant a divorce.
• Summons (FL-110): This notifies the other party that a divorce has been initiated.
• Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA - FL-105): If you and your spouse have children, this form is required.
• Income and Expense Declaration (FL-150): This provides the court with financial information, which is crucial for spousal and child support determinations.

Once these forms are completed, they must be filed with the Los Angeles Superior Court. Filing can be done in person, by mail, or electronically. It’s important to file in the right district, as there are multiple courthouse locations throughout Los Angeles County.

Costs and Fees

Los Angeles County requires a filing fee of approximately $435, though this amount may change over time. If this is a financial hardship, you can apply for a fee waiver. Keep in mind that this is just the initial filing cost. Additional fees may arise if your divorce becomes contested or if you need to hire legal representation.

Fee Breakdown:

Item	Cost
Initial Filing Fee	$435
Motion Filing Fees	$60-$85
Mediation Fees (if applicable)	Varies
Attorney Fees	$300-$800/hr

If the financial situation is dire, it's possible to request a fee waiver, which can reduce or eliminate some costs.

Serving the Divorce Papers

Once you've filed, the next critical step is to serve your spouse. In Los Angeles County, the divorce papers must be served to the other party, and this can’t be done by you directly. You can hire a professional process server or ask a friend or family member over the age of 18 to serve the papers.

After serving, the server must fill out a Proof of Service (FL-115) form, which you’ll need to file with the court. The other party has 30 days to respond. If they fail to respond within that time frame, you can request a default judgment, which means the court will make decisions about property division, custody, and support without their input.

Contested vs. Uncontested Divorce

One of the biggest questions people face when filing for divorce is whether it will be contested or uncontested. An uncontested divorce is when both parties agree on the terms of the divorce, including property division, child custody, and support. This is often the fastest and least expensive route.

However, if there’s disagreement on any aspect of the divorce, it becomes contested, and the case may go to trial. This can drag the process out for months or even years, depending on the complexity of the issues and the court's schedule.

Uncontested Divorce Timeline:

• Filing and service of papers: 1 week
• Response period: 30 days
• Final judgment: 6 months (minimum waiting period in California)

Contested Divorce Timeline:

• Filing and service of papers: 1 week
• Response period: 30 days
• Discovery and motions: 3-6 months
• Trial: 12-24 months

Child Custody and Support

For divorcing parents, child custody and support are often the most emotionally charged issues. Los Angeles County courts prioritize the best interests of the child when determining custody arrangements. This usually results in joint custody, but in some cases, one parent may be awarded primary physical custody, with the other receiving visitation rights.

Child support is calculated using a formula that takes into account both parents' incomes, the time each parent spends with the child, and other factors such as healthcare and education costs. California uses the Guideline Child Support Calculator, which can be found online, to estimate monthly payments.

Spousal Support (Alimony)

In Los Angeles County, spousal support is another key consideration, especially in marriages that lasted for more than 10 years. The court looks at several factors when determining alimony, including:

• The length of the marriage
• Each spouse's financial situation
• The standard of living during the marriage
• Each spouse's earning capacity

While temporary spousal support may be awarded during the divorce process, permanent spousal support may be granted as part of the final divorce judgment. However, "permanent" can be a misleading term, as alimony can often be modified or terminated based on changes in either party's circumstances.

Finalizing the Divorce

Even if you and your spouse agree on everything, there’s a mandatory six-month waiting period before a divorce can be finalized in California. This period is meant to give both parties a chance to reconsider. Once this waiting period is over, and all necessary documents have been filed, the court will issue a final judgment.

If your divorce is contested, the timeline can be much longer, as the court may need to make decisions about property division, custody, and support.

Common Pitfalls to Avoid

Navigating a divorce in Los Angeles County can be tricky, and many people make mistakes that complicate the process. Here are a few pitfalls to avoid:

• Failing to serve papers correctly: If the service isn’t done properly, it can delay your case.
• Ignoring deadlines: Los Angeles courts are strict about filing deadlines, and missing one can result in fines or case dismissal.
• Not considering mediation: If you and your spouse can’t agree, consider mediation before going to court. It can save time and money.

Amanda eventually filed her divorce papers, opting for mediation. In the end, the process was smoother than she expected, but it took months of preparation and understanding. Los Angeles County may have one of the busiest court systems in the U.S., but with the right knowledge, you can navigate it successfully.