{"id":371803,"date":"2016-03-31T21:34:29","date_gmt":"2016-04-01T02:34:29","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/california-law\/california-legal-requirements-for-divorce.html"},"modified":"2024-12-18T16:12:09","modified_gmt":"2024-12-18T21:12:09","slug":"california-legal-requirements-for-divorce","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/california-law\/california-legal-requirements-for-divorce.html","title":{"rendered":"California Divorce Laws"},"content":{"rendered":"\n
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California Divorce Laws <\/h1>\n
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\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Nobody gets married thinking that they’ll get divorced<\/a>. Deciding to end your marriage may be the hardest decision you ever make. The fact that the divorce process is so daunting doesn’t help. This is why it’s a good idea to familiarize yourself with California divorce law before you file your divorce papers.<\/p>\r\n

California divorce law dictates when a person qualifies to file for a dissolution of marriage. It also affects legal issues such as alimony, child custody, and property division.<\/p>\r\n

Here, we’ll summarize the divorce laws in California. We will also explain the difference between a no-fault divorce and fault-based divorce. Finally, we’ll discuss how community property law affects marital and separate property division.<\/p>\r\n

Below, you’ll find a chart that breaks down California divorce laws. If you still have questions about the divorce process, contact an experienced divorce attorney<\/a> for legal advice.<\/p>\r\n

Legal Requirements for California Divorce<\/h2>\r\n

Before you can file your petition for dissolution of marriage, you must meet California’s residency requirements<\/a>. California law states you must live there for at least six months before filing your divorce papers. You must also live within the county for at least three months.<\/p>\r\n

Also, California has a waiting period<\/a> for divorce. The family law judge can’t issue your final judgment for divorce for at least 6 months after you file your divorce. This allows the parties to change their mind or modify their settlement agreement.<\/p>\r\n

Terminology and Timeline in a California Divorce Case<\/h2>\r\n

The California Superior Courts refer to the person who files the divorce petition as the petitioner. The spouse is the respondent. The first court form you must complete and submit to the court clerk is your Petition for Dissolution of Marriage<\/a>.<\/p>\r\n

Your spouse has 30 days to file an answer or response. They can sign a Notice of Acknowledgment of Receipt if they agree to the divorce. This notice lets the court know that the other party is aware of the divorce and isn’t challenging the service.<\/p>\r\n

Once the court gets your spouse’s response, it will hold a Family Resolution Conference. If you don’t have a California divorce attorney, the courts call this meeting a Case Status Conference. The court will review and file the divorce papers at this initial meeting and schedule your future court dates.<\/p>\r\n

If you and your spouse agree to the divorce terms, you can submit a copy of your settlement agreement. The court will review the agreement and, if it approves, will schedule your final divorce judgment for six months. (This is due to California’s six-month mandatory waiting period.)<\/p>\r\n

The judge will schedule a trial if you and your spouse disagree on material divorce terms. At trial, both sides get to argue their cases before the judge. The family law judge will then decide on these issues for you.<\/p>\r\n

Summary Dissolution<\/h2>\r\n

If you want the quickest divorce possible, you and your spouse can file a joint petition for summary dissolution<\/a>. This is like an uncontested divorce in other states. Your case will proceed in the manner we describe above.<\/p>\r\n

You must submit your divorce settlement agreement with your application for a summary dissolution. The court will incorporate this agreement into your final judgment for divorce. As with any other divorce case, the judge cannot issue their judgment for at least six months after the filing date.<\/p>\r\n

California Recognizes Legal Separation<\/h2>\r\n

Not every state recognizes legal separation<\/a>. California does. The process for a legal separation in California is the same as it is for a summary dissolution or uncontested divorce.<\/p>\r\n

You must file your petition for separation with the clerk of court. You can file a joint petition or serve your spouse with a copy of your petition. Once the court gets confirmation that you served the other party, it will file your case.<\/p>\r\n

You can submit a copy of your separation agreement with your court papers. Unlike divorce proceedings, there is no waiting period. The court can issue your separation once they get proof of service.<\/p>\r\n

Legal Process for Contested Divorce in the State of California<\/h2>\r\n

You will file a contested dissolution case if you and your spouse disagree on the divorce terms. You must serve your spouse with a copy of your petition and other requisite court forms. As long as your spouse lives in California, you can serve them by mail.<\/p>\r\n

The California courts also require that you file the following forms<\/a> with your divorce petition:<\/p>\r\n