Divorce in California can feel overwhelming at first, but having a clear understanding of the legal steps makes the process far more manageable. Whether you are filing in Los Angeles, San Francisco, or a rural county, the same general rules apply statewide. This guide walks you through the major phases of divorce in California.
Residency Requirements
To file for divorce in California, at least one spouse must have lived in the state for the past six months, and in the county where the divorce is filed for at least three months. If these requirements are not met, you can still file for a legal separation and convert it to a divorce later.
Grounds for Divorce
California is a no-fault divorce state. This means you do not need to prove wrongdoing such as infidelity or cruelty. Most divorces cite irreconcilable differences as the legal basis. In rare cases, one spouse may be declared legally incapacitated, which can also be grounds for divorce.
Filing and Serving the Petition
The process begins when one spouse (the petitioner) files a Petition for Dissolution of Marriage with the local Superior Court. After filing, the petition and related documents must be formally served to the other spouse (the respondent). This can be done via a process server, sheriff, or someone not involved in the case.
Response and Disclosure
The respondent has 30 days to file a formal response. During this stage, both parties are required to exchange financial disclosures, which include income, assets, debts, and expenses. These documents are critical to ensure fairness in property division and support arrangements.
Temporary Orders and Hearings
Either party may request temporary orders from the court to address immediate concerns like child custody, spousal support, or use of the marital home. Temporary orders remain in effect until modified or replaced by the final judgment.
"Temporary orders can set the tone for the rest of the divorce process, so it's crucial to take them seriously and comply fully."
Property Division
California is a community property state, which means that most assets and debts acquired during the marriage are split equally. However, separate property — such as inheritances, gifts, or assets acquired before the marriage — is not divided. Proper classification of property is essential.
Child Custody and Support
Custody is determined based on the best interests of the child. California encourages frequent and continuing contact with both parents, unless it would be harmful to the child. Child support is calculated using a statewide formula that considers income, parenting time, and other expenses.
Finalizing the Divorce
To complete a divorce in California, both parties must either reach a written agreement or proceed to trial. Once a judge approves the agreement or issues a final ruling, a Judgment of Dissolution is entered. Note: California requires a mandatory six-month waiting period before the divorce becomes final — even if both parties agree on all terms.
Common Challenges in California Divorces
- Disagreements over parenting time or relocation
- Complex asset division involving real estate or business interests
- Failure to comply with disclosure requirements
- Confusion over spousal support obligations
While many Californians complete uncontested divorces without legal help, others benefit from hiring an attorney — especially when children, real estate, or substantial assets are involved. Preparation and clarity are key to navigating the process successfully.
If you're unsure about your rights or next steps, consult a local attorney or legal aid service. You can also download California divorce papers or browse California divorce lawyers to get the help you need.