The Basics of California's Divorce Laws 

You don't need your spouse's permission to get a divorce in California. One spouse can start the case, even if the other wants to stay married. The legal term for divorce is "dissolution of marriage." California generally lets a spouse seek a divorce based on irreconcilable differences, meaning the marriage has broken down and cannot be repaired. You do not have to prove that someone cheated or caused the breakup.

How do you start a divorce in California?

Usually, at least one spouse must have lived in California for six months and in the county where the case is filed for three months before filing. If you have not met the usual divorce residency rules, ask whether filing for legal separation first makes sense. Legal separation can address many of the same issues, but it does not end the marriage.

A divorce starts when one spouse files a divorce petition with the superior court and has the other spouse served with the papers. The other spouse can file a response. If you've been served, read the summons right away and check the response deadline printed on the papers. Ignoring the case can let it move forward without your input. Filing the divorce first does not give either spouse an automatic advantage on custody or property.

The court can make temporary orders while the case is pending. Those orders can cover parenting time, child support, spousal support which is also called alimony, and who uses the home. A temporary order helps families manage daily life before they reach a final agreement or the judge decides the disputed issues.

How long does a California divorce take?

The six month waiting period does not start when you decide to separate or when you file. It runs from service of the summons and petition or the responding spouse's appearance, whichever happens first. Even after six months, you are not divorced until the court enters a judgment that ends the marriage. A contested divorce case can take longer.

Some couples reach an agreement without a trial. Others need hearings about support or custody before they can settle. The court can also end marital status before resolving every financial issue, but that requires a separate process and careful planning. Do not assume you are free to remarry simply because six months have passed. Our article on how long a divorce takes California explains the timeline in more detail.

What happens to the house, savings, and debts?

California uses community property rules. In general, property a spouse acquires during the marriage while living in California belongs to the community, even if only one name is on the account or paycheck. A judge generally divides the community estate equally unless the spouses make a valid agreement or a legal exception applies. An equal division of value does not mean cutting each asset in half. One spouse might keep an asset while the other gets different property of equal value.

Property owned before marriage, or received by gift or inheritance, is generally separate property. But the answer can get harder if spouses mixed separate and community money or paid a mortgage on a separate property home with marital earnings. Don't assume the name on the deed answers who gets the house. In Southern California, where home equity can be a large part of a family's finances, it is important to have the purchase papers, loan statements, and records of any down payment.

Debts matter too. Credit cards, loans, and taxes need attention along with bank accounts and retirement plans. Each spouse generally must exchange formal information about assets, debts, and income. The initial exchange is called a preliminary declaration of disclosure. The filing spouse normally serves it with the petition or within 60 days of filing but it is common to ask for extensions. The responding spouse normally serves it with the response or within 60 days of filing a response, also subject to extensions allowed by law.

Don't empty a joint account or change insurance beneficiaries because you're angry. The divorce summons includes automatic restrictions called Standard Family Law Restraining Orders on certain property transfers, insurance changes, and taking children out of California. Read those restrictions before moving money or making a major change.

How does child custody work?

Custody has two parts. Legal custody concerns major decisions about a child's health, education, and welfare. Physical custody and parenting time concerns where the child lives and how parents share time. The court focuses on the child's best interests, including safety, any history of abuse, and the nature of the child's contact with each parent. There is no automatic rule that a mother or father gets custody or that parents must divide every week equally. A workable schedule has to fit real life. If relationship violence or substance abuse is part of the case, tell your lawyer or the court promptly. Those are a big factor in child custody cases.

Will someone pay child or spousal support?

Child support is usually calculated under a statewide guideline that uses both parents' net disposable income and the time each has primary responsibility for the children. Parenting time and support are related, but one does not cancel the other.

Spousal support is money one spouse pays the other. The court can address support while the divorce is pending and in the final judgment. For longer term support, the judge considers factors that include each spouse's earning ability, needs, ability to pay, the length of the marriage, and any documented history of domestic violence. There is no single rule that guarantees support for half the length of every marriage.

If you're self-employed or your income changes from month to month, gather tax returns, pay records, and business records. The court needs reliable numbers and your lawyer will need to present your situation completely and accurately. Do not assume the court will just accept what you or your CPA wrote in your tax returns. That is not the law.

Attorney's fees and costs

If you cannot afford a lawyer and your spouse has greater access to money, you can ask the court to consider an attorney fee award based on need and ability to pay. An award depends on the financial evidence, not simply on who filed or who is upset with whom.

Frequently Asked Questions

Here are additional common questions and answers on California divorce laws.

What is the process of asking the court for temporary orders?

You usually file a Request for Order, form FL-300, explaining what you want the judge to decide while the divorce is pending and the facts supporting your request. For support, attorney's fees, or other financial orders, you generally also file a current Income and Expense Declaration. The court sets a hearing date, and you have the papers served on your spouse. Your spouse can file a response, and the judge decides the request at the hearing. Service requirements and additional forms depend on the order you seek. Emergency requests follow a separate procedure. See California Rules of Court, rule 5.92 for more information.

How does California law deal with proving separate property claims?

If you claim that an asset belongs to you alone, be ready to show where it came from. Property you owned before marriage, or received as a gift or inheritance, is generally separate property. Property acquired during marriage is generally community property. Records such as account statements, a deed, or inheritance documents can help show when and how you acquired an asset. If you used separate money to help buy a community property asset, you may have a reimbursement claim, but you must trace the contribution back to a separate property source. Keeping the records matters most when separate and community funds have been mixed. See Family Code sections 760, 770 and 2640 for more information.

How does domestic violence affect financial issues such as spousal support?

The judge must consider documented evidence of domestic violence when deciding spousal support. A restraining order after a hearing or a court finding of abuse can be part of that evidence. A qualifying domestic violence misdemeanor conviction against the other spouse creates a rebuttable presumption against paying support to the convicted spouse. A qualifying felony conviction can bar support under a separate rule, subject to the limits and exception in that law. Domestic violence can also affect who pays attorney's fees and, in cases covered by those conviction laws, the division of certain retirement benefits. An allegation of abuse alone does not automatically end a spouse's claim for support. See Family Code sections 4320, 4325 and 4324.5 for more information.