California Divorce Filing and Disclosure Deadlines after You File

Once the respondent is served with the divorce papers, California Courts states that the respondent generally has 30 days to file a Response, Form FL-120. If no response is filed, the petitioner may ask the court to enter default. The deadline does not itself create a default: the petitioner must request one. If more than 30 days have passed but no default has been entered, a late response may still be possible.

The response deadline is separate from California’s minimum waiting period for termination of marital status. Under Family Code § 2339, a dissolution judgment cannot terminate the marriage until at least six months have passed from service of the summons and petition or the respondent’s appearance, whichever occurs first.

Under Family Code § 2104, the petitioner generally serves preliminary disclosures with the petition or within 60 days after filing it. The respondent generally serves them with the response or within 60 days after filing the response. The parties may extend these periods by written agreement, and a court may also extend them.

The usual package includes the Declaration of Disclosure (FL-140), Income and Expense Declaration (FL-150), and either the Schedule of Assets and Debts (FL-142) or Property Declaration (FL-160). Section 2104 also requires the declarant’s tax returns filed during the preceding two years. The disclosure documents normally go to the other spouse rather than into the public court file; Form FL-141 tells the court that disclosure was served.

Incomplete disclosure is not merely a paperwork problem. Under Family Code § 2107, a complying spouse may seek an order compelling further disclosure or, in appropriate circumstances, restricting evidence on matters that should have been disclosed. The statute also provides for monetary sanctions for noncompliance, subject to stated exceptions, and disclosure failures can affect the validity of a judgment.

Form FL-105 is the Declaration Under the Uniform Child Custody Jurisdiction and Enforcement Act. It gives the court information about the children and their residential history so the court can address custody jurisdiction. It is not a form for stating which parent should receive custody.

Under Family Code § 3170, when a pleading seeking a temporary or permanent custody or visitation order shows that those issues are contested, the court must set the contested issues for mediation. How Family Court Services schedules and administers that process can vary by court.

California Courts identifies Form FL-300, Request for Order, and Form FL-150, Income and Expense Declaration, as the principal forms for requesting temporary spousal support. FL-150 should include proof of income from the prior two months. California Courts instructs parties not to attach the prior year’s tax return to that form, but to bring a copy to the hearing if available. There is no single statewide “15-day income production” deadline that applies to every temporary-support request.

Family Code § 2105 generally requires final disclosures before or when the parties enter an agreement resolving property or support issues other than temporary support. If the case goes to trial, they generally must be served no later than 45 days before the first assigned trial date. The parties may mutually waive the final declaration if they satisfy the statutory requirements, but the waiver does not eliminate their underlying disclosure duties.

Most courts require a settlement conference before a divorce trial, but the date and required filings may depend on the particular court. California Courts also instructs parties that, when a trial brief is required, it should be prepared, served, and filed at least five days before trial. Court notices and local rules should therefore be checked rather than assuming that every county uses the same pretrial schedule.

The petitioner can ask the court to enter default after the response period expires. If default has not yet been entered, however, California Courts indicates that a respondent may still be able to file a late response. Once default is entered, the respondent generally needs court permission before filing a response.

Individual review becomes more important when default is pending, financial disclosures are incomplete, custody or support orders are contested, substantial assets require valuation, or the court has issued case-specific pretrial deadlines. In those situations, the practical question is not simply how many days remain; it is which filing, service event, statute, or court order started the deadline.