Divorce
Folsom-based divorce representation across Sacramento, Placer, El Dorado, and Amador Counties — from petition through judgment.
What you should know
Emotions run high during a dissolution of marriage. Retaining experienced counsel helps you make clear, informed decisions through a process that can be quick or highly complex depending on the circumstances.
Throughout the divorce, Scharf Law, P.C. prioritizes resolving matters outside of the courtroom whenever possible. This approach often saves stress and expense, and — most importantly — keeps you in control of the outcome. When litigation is necessary, we’re ready.
How a California dissolution works
A general outline of the steps in a typical case — not legal advice for any specific matter.
Initiating Documents
The process is initiated by filing a Petition for Dissolution including marriage and separation dates, duration of marriage, children, and other case-specific details.
Service & Response
The Petitioner must arrange for a non-party to personally serve the Respondent. The Respondent has 30 days to file a response, or the Petitioner may proceed by default.
Declaration of Disclosure
California law requires a full and honest exchange of financial information through Preliminary and Final Declarations of Disclosure before a divorce can be finalized.
Additional Considerations
Custody, support, property division, and attorney’s fees can be addressed through agreements or formal Requests for Order during the case.
Settlement & Negotiation
We work to resolve issues through negotiation and structured settlement when possible, drafting Marital Settlement Agreements that can be entered as a judgment.
Trial & Judgment
If contested issues remain, the court schedules trial. We prepare the case thoroughly and present your position with steady advocacy.
Issues we handle alongside the divorce
During a divorce, related issues commonly require resolution. Our team is prepared to represent you on each of them — consolidated into one strategy rather than handled in pieces.
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Across the region
Scharf Law, P.C. is based in Folsom and serves families throughout the greater Sacramento region.
Common questions about California divorce
How long does a divorce take in California?
At least six months. California Family Code Section 2339 bars the court from entering a divorce judgment until six months after the respondent was served with the petition or appeared in the case. An uncontested divorce can be finalized soon after that date; contested cases involving property, support, or custody often take twelve to eighteen months or longer.
Do I have to live in California to file for divorce here?
Yes. Under Family Code Section 2320, you or your spouse must have lived in California for at least six months and in the county where you file for at least three months before filing a petition for dissolution. A legal separation has no residency waiting period and can later be converted to a divorce once the residency requirement is met.
Does California require a reason for divorce?
No. California is a no-fault state. The only grounds are irreconcilable differences or permanent legal incapacity to make decisions (Family Code Section 2310). The court does not decide who was at fault, although conduct such as domestic violence or hiding assets can affect custody, support, and property orders.
How is property divided in a California divorce?
Community property is divided equally. Under Family Code Section 2550, everything acquired during the marriage by either spouse is presumed community property and is split 50/50, while property owned before marriage, or received by gift or inheritance, generally remains separate. Debts incurred during the marriage are divided the same way. Both spouses must exchange complete financial disclosures before a judgment can be entered.
What is a summary dissolution and do I qualify?
Summary dissolution is a simplified, joint divorce for short marriages with little property. Under Family Code Section 2400, both spouses must agree, have been married under five years, have no children together, own no real estate, have limited community property and debt, and both waive spousal support. The six-month waiting period still applies.
What happens if my spouse does not respond to the divorce petition?
The case can proceed by default. After service, the respondent has 30 days to file a response. If none is filed, the petitioner can request a default judgment, and the court can grant the divorce and make orders based on the petition and the petitioner’s financial disclosures. A respondent who later wants to participate must ask the court to set the default aside.
General information about California law, reviewed by attorney Taryn M. Scharf (CA State Bar #244097), Scharf Law, P.C., Folsom, CA. It is not legal advice for any specific situation. Ask about your case or call (916) 782-3900.
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Request a Consultation (916) 782-3900
Scharf Law, P.C. — 2330 E Bidwell St, Suite 110, Folsom, CA 95630-3897
— (916) 782-3900
Taryn M. Scharf, Esq. — CA State Bar #244097
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