By Christie Nicholson, J.D. | Legally reviewed by FindLaw Staff | Last reviewed September 06, 2024
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Nobody gets married thinking that they'll get divorced. 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.
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.
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.
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 for legal advice.
Before you can file your petition for dissolution of marriage, you must meet California's residency requirements. 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.
Also, California has a waiting period for divorce. The family law judge can't issue your final judgment for divorce for at least 21 days after you file your divorce. This allows the parties to change their mind or modify their settlement agreement.
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.
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.
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.
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.)
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.
If you want the quickest divorce possible, you and your spouse can file a joint petition for summary dissolution. This is like an uncontested divorce in other states. Your case will proceed in the manner we describe above.
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.
Not every state recognizes legal separation. California does. The process for a legal separation in California is the same as it is for a summary dissolution or uncontested divorce.
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.
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.
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.
The California courts also require that you file the following forms with your divorce petition:
You must also pay the $435 filing fee when you submit your petition to the courts. Your spouse must pay the same fee when they file their response. If you can't afford the filing fee, you can request a waiver from the courts. If they grant your waiver, you will have to pay it later.
California is a community property state. When it comes time to divide your marital property, the courts will divide your marital assets and debts evenly. Of course, you and your spouse can agree to divide your property any way you choose. But if your case goes to trial, the courts will split the debts and assets as they see fit.
The following are community property:
The court will not consider the marriage's length when dividing marital property. It will base its decisions on the financial disclosures you and your spouse submit to the court.
If you and your spouse file a summary dissolution or uncontested divorce petition, you must submit a copy of your settlement agreement.
The issues you must include in your settlement agreement include:
Depending on the facts of your case, you may include many other terms. Every divorce case is unique. Your California family law attorney will ensure that your agreement protects your interests.
If you file a contested divorce case, your divorce lawyer will try to negotiate a settlement with your spouse's lawyer. If they do this, they will submit a copy of the agreement to the court and request a final hearing. The judge will schedule a trial if they cannot negotiate a settlement.
Once your case goes to trial, the judge will decide these issues for you. It's always best to negotiate a settlement. Once the case is in the judge's hands, you'll have no say in the trial's outcome.
The table below lays out the key divorce requirements under California law.
Code section |
Family Code § 2300 of the California Code |
|---|---|
Residency requirements |
Either the petitioner (person filing for divorce) or the respondent (the person responding to the divorce paperwork) must have been a California resident for six months and for three months in the county where the divorce action is filed. |
Waiting period |
No divorce decree may be finalized until six months after the divorce paperwork is provided to the respondent or the respondent's first court appearance, whichever is first. |
No-fault grounds for divorce |
A court must have a legal reason (known as “grounds") to grant a divorce. In California, there are two grounds for divorce: irreconcilable differences, which have caused the irremediable breakdown of the marriage; or permanent legal incapacity to make decisions. |
Required fees |
There are fees associated with filing the initial divorce paperwork. The exact amount of the court fees depends on the county in which the divorce case is opened. In circumstances where a petitioner cannot afford to pay the fees, a court may grant a waiver. |
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state laws you are researching.
Divorce is always difficult. There are many factors to consider, including child custody, spousal support, and who gets to keep the family home. The good news is that you don't have to go through it alone.
If you're considering filing for divorce, speak with an experienced divorce attorney who can explain your legal rights and help guide you through the process.
Contact a qualified attorney.
Get tailored divorce advice and ask a lawyer questions. Many attorneys offer free consultations.
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