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What you need to know about divorce in California
Getting divorced in California requires certain specific legal actions. Take a look at how you can get started with your divorce proceedings.
Published on December 29, 2022 · 8 min read
Last modified: January 21, 2026
Are you considering divorce in California? You are not alone. Divorce in California, also known as the legal dissolution of marriage, is one of the most common family law proceedings in the state. Because the process of getting divorced in California involves specific residency rules, mandatory waiting periods, and strict filing procedures, understanding how divorce works in California is essential before you begin.
Divorce laws vary from state to state, so the steps required for divorce in California differ from those in many other jurisdictions. To move forward confidently, it helps to understand the California-specific rules that shape the process.
Key Takeaways
- Residency and Filing: To file for divorce in California, at least one spouse must have lived in the state for at least six months and in the filing county for at least three months. Filing typically costs around $435 to $450, but always verify the current fees.
- No-Fault Divorce: California allows no-fault divorce, meaning you can end your marriage simply by citing irreconcilable differences.
- Community Property: In California, marital property is divided equally. Child custody decisions focus on the child’s best interests.
- Required Steps: File a petition and summons, serve your spouse, exchange required financial disclosures within 60 days, then move toward settlement or trial.
- Professional Guidance: Working with a California divorce attorney can help you navigate the state’s specific rules and protect your rights throughout the process.
What are the residency requirements to file for divorce in California?
California requires that at least one spouse meet the state’s residency rules before filing. You or your spouse must have:
- Lived in California for more than six months
- Lived in the county where you are filing for at least three months
If you do not yet meet these requirements, you may still file for legal separation in California and convert it to a divorce later once you satisfy the residency rules.
California also offers a Self-Help Tool that allows you to answer a brief set of questions to determine whether you meet the residency requirements and where you should file. This tool is designed specifically to assist individuals pursuing divorce in California.
What are the grounds for divorce or legal separation in California?
California was the first state to adopt a no-fault divorce law. This means you do not need to prove wrongdoing to end your marriage. You only need to cite one of two grounds recognized for divorce in California:
- Irreconcilable differences
- Incurable insanity (rare and requires substantial medical documentation)
Most people filing for divorce in California choose irreconcilable differences, which simply means the marriage cannot be repaired. You do not need to provide additional detail, and your spouse does not need to agree. California courts treat disagreement about divorce itself as evidence of irreconcilable differences.
Can I get spousal support? What factors will a judge consider?
Spousal support, known as alimony, plays an important role in many divorces in California. Courts award spousal support to help balance financial differences between spouses and provide temporary or long-term assistance based on the circumstances.
California judges consider several factors when determining support, including:
- Each spouse’s age, health, and earning capacity
- The standard of living during the marriage
- Property ownership, assets, and shared debts
- Contributions one spouse made to the other’s education or career
- Whether there was a history of abuse
- The length of the marriage
Shorter marriages may result in short-term support. Marriages lasting more than ten years are often considered long-term, which may influence the duration of spousal support.
California laws on property division in divorce
Because California is considered a “community property state”, any property or assets you gain during the marriage belong to both spouses and must be divided equally. However, there are exceptions, so talk to an attorney.
California laws on child custody
Child custody cases in California are based on what the court considers to be the child’s best interest. There are two types of custody:
Legal custody declares whether one or both parents have the right to make decisions about a child’s health and welfare. This can include where the child lives, where they get their education and medical care, what religion they practice and whether and where they travel abroad.
Physical custody declares where the child lives. In cases where one parent has primary physical custody, the child lives with them while the other parent has visitation rights. In cases where there is joint physical custody, the child splits their time living with each parent.
Child support in California
Child support ensures both parents contribute to a child’s needs. California uses a formula that considers:
- Number of children
- Each parent’s income
- How much time each parent spends with the child
- Additional expenses such as medical care, school costs, or special needs
Understanding how California calculates support can help parents prepare for financial planning after divorce.
How to file for divorce in California
Filing for divorce in California follows a structured series of steps:
Complete the required forms
- Petition for divorce (details about your marriage, grounds, and property)
- Summons (notifies your spouse and triggers standard restraining orders)
- Child-related forms, if you share minor children
File the forms with the correct court
- File in the county where you or your spouse meets residency requirements
- Pay the filing fee or request a fee waiver if eligible
Serve the divorce papers
- Someone over 18 who is not part of the case must hand-deliver the documents
- The server completes a proof of service that must be filed with the court
- Specialized service rules apply for spouses living out of state, abroad, incarcerated, or in the military
Your spouse responds
- The respondent has 30 days to file a response
- Failure to respond may result in a default divorce
Exchange financial disclosures
- Both spouses must exchange financial forms within 60 days
- Disclosures include income, assets, debts, and expenses
- A second round of disclosures may be required in some cases
Move toward settlement or trial
- Uncontested divorce cases typically settle through a marital settlement agreement or mediation
- Contested divorce cases proceed through discovery, negotiation, hearings, and possibly trial
Divorce in California Timeline & Cost Summary
Understanding the typical timeline and costs helps you plan your next steps:
Typical timeline for divorce in California
Understanding the typical timeline for divorce in California helps you plan ahead:
- Initial filing: File petition and summons for divorce in California (day 0)
- Serving spouse: Allow about 1–2 weeks to serve divorce papers
- Response period: Your spouse has 30 days to respond to the divorce in California
- Financial disclosures: Both parties must exchange financial information within 60 days of filing for divorce in California
- Uncontested divorce in California: If both parties agree on all major issues, a divorce in California can be finalized in about 6 months (the mandatory waiting period), assuming paperwork is complete and there are no complications
- Contested divorce in California: If you cannot agree on key issues, a divorce in California may take 1–3+ years, including discovery, mediation, hearings, and possibly a trial
Costs for divorce in California
Filing fees for divorce in California
- Initial filing fee for divorce in California: typically $435–$450
- You may qualify for a fee waiver if you have limited income or financial hardship in a divorce in California
- Additional court costs or local surcharges may apply, depending on your county and specific case
Attorney fees for divorce in California
Attorney costs vary widely based on complexity and location, but as a general guide:
- Uncontested divorce in California: around $1,000–$5,000+ in legal fees
- Contested divorce in California: often $5,000–$50,000+, depending on how many issues are disputed and whether the case goes to trial
- Hourly rates for California divorce attorneys: typically around $200–$500+ per hour
Other costs in divorce in California
- Service of process: about $50–$300, depending on whether you use a sheriff, professional process server, or specialized service
- Mediation (if you pursue divorce in California through mediation): often $500–$5,000+, depending on the number of sessions and the mediator’s rates
- Court-ordered evaluations or experts (custody evaluators, financial experts, etc.): costs vary widely based on the type and scope of evaluation
Ways to reduce the costs of divorce in California
- Pursue an uncontested divorce in California when possible
- Use mediation or other alternative dispute resolution instead of full litigation
- Gather and organize your own financial documents in advance
- Agree on as many issues as you can before filing for divorce in California
- Consult a California divorce attorney early to avoid errors that can lead to extra hearings, delays, or additional fees
Talk to a divorce attorney
Divorce can be a challenging experience. If you’re considering dissolving your marriage or you’ve received a petition requiring a response, it may be a good idea to contact an attorney for guidance and information. They’ll listen to your situation, note any exceptional or complex circumstances and advise you about moving through your divorce process as quickly and efficiently as possible.
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Author Bio
Michael Gower
California managing attorney
With nearly two decades of experience, Michael Gower is a trusted leader in California family law & a Certified Family Law Specialist, and currently serves as Marblely’s Managing Attorney for California, where his role involves guiding individuals and families through some of life’s most challenging transitions. Known for his unwavering commitment to client success, Michael has built a reputation as a compassionate advocate and skilled, strategic lawyer.
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