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Last Modified on Aug 04, 2026
If you are going through a divorce, or if you are considering a divorce, you may feel overwhelmed by how complicated the process can be. It is true that divorce is neither simple nor pleasant, and most people going through one want it to be over as quickly as possible. To give yourself a strong chance of getting through the process efficiently, you should familiarize yourself with local divorce rules in Riverside County.
What Types of Divorce Are Available in Riverside County?
California is a no-fault divorce state. This means that a person petitioning for divorce does not have to claim that their spouse committed some kind of wrongdoing as grounds for the divorce.
In states that have fault divorce, a person could file for divorce based on their spouse being unfaithful, being convicted of a crime, or on other specific grounds, and the spouse’s misconduct could be considered when deciding things like alimony or asset division.
Divorces in California generally fall into one of the following categories:
- Summary dissolution. This is a streamlined, efficient type of divorce reserved for couples who have been married for fewer than five years, have no children, do not own a home or other property, and have a relatively small estate in terms of assets and debts. It also requires complete agreement between the spouses regarding how they divide everything.
- Uncontested divorce. An uncontested divorce is the second simplest divorce process in California. This kind of divorce also requires complete agreement between the spouses regarding division of assets, alimony, and any other pertinent matters.
- Contested divorce. In a contested divorce, the spouses disagree on at least one major issue in the proceedings. These cases may require mediation, negotiation between attorneys, or even a courtroom trial to settle.
- Default divorce. If one spouse files a divorce petition and the other spouse fails to respond in time, the divorce may proceed with a default judgment. In a default judgment, the court proceeds with the divorce and divides assets and debts according to the law, taking into account the petitioning spouse’s requests.
The Divorce Process in Riverside County
Divorce is very common across the United States, and California is no exception. In 2023 alone, more than 1.8 million Americans went through divorces. Just as no two marriages are exactly alike, no divorce looks exactly like any other. However, there is a basic set of steps that most divorce cases follow. If you are filing for divorce in Riverside County, the process is generally as follows:
- Meet residency requirements. To file for divorce in Riverside County, at least one of the spouses involved must have lived in California for the six months preceding the filing, and at least one spouse must have lived in Riverside County for the three months preceding the filing.
- File the initial petition. After you have determined that you meet the residency requirements, the next step is to fill out the initial petition for divorce and file it with the Riverside County Superior Court.
- Serve your spouse. After you file the initial petition, your spouse must be served with the divorce papers. You cannot serve your spouse yourself. You can ask another adult over the age of 18 to serve them, or you can hire a legal service company to do so.
- Wait for a response. Your spouse has 30 days to respond after they are served with divorce papers.
- Negotiate/mediate. If you and your spouse disagree on the terms of your divorce, you can work with your attorneys to negotiate toward a resolution. If necessary, you can use a mediator to help you resolve disagreements.
- Litigate. If you and your spouse are not able to reach a resolution through negotiation or mediation, your case may require a courtroom trial to finalize.
- Receive your final decree. After you and your spouse have come to an agreement, either on your own or with the help of the court, the final step in the process is for a judge to sign off on your finalized agreement.
FAQs
If We Are On Good Terms, Can I Serve My Spouse Divorce Papers Myself?
No. Even if you and your spouse are generally on good terms and can communicate amicably, you are still required to have another adult serve your spouse with divorce papers. This may seem arbitrary, but it is an established rule of legal procedure in divorce cases. You can hire a service to take care of this for you, or you can ask a friend to do it.
How Long Does it Take to Get a Divorce in Riverside County?
The length of time it takes to get a divorce in Riverside County can vary significantly from case to case. For example, summary dissolutions are usually much quicker to finalize than contested divorces. However, it is important to know that the minimum waiting period for a divorce in California is six months from the date that the responding spouse is served.
What Is Considered Community Property in California Divorces?
In California, any property that was acquired while the couple was married is generally considered community property. Property that either spouse had before the marriage or that is designated as individual property in a prenuptial or postnuptial agreement remains individual property for the purposes of asset division.
How Are Retirement Accounts and Other Such Assets Handled in Riverside County Divorces?
Retirement accounts and other such accounts to which people contribute regularly over the years are almost always considered at least partially community property. As a rule, any money that was contributed to a retirement account while a couple was married is considered community money, while money that was contributed before or after the marriage remains the individual property of the spouse who owns the account.
Need Representation? Hire a Divorce Lawyer
If you are going through a divorce, whether it is a smooth summary dissolution or a contentious contested divorce, you should hire a dedicated divorce lawyer to help you go through the process as efficiently as you can. An experienced attorney from The Law Offices of Michelanne Hrubic can bring clarity and confidence during this difficult season. Contact us to discuss your case.
