Divorce in California
California is a no-fault, community property state where marital assets are divided equally. The state requires a six-month waiting period from the date the respondent is served. California was the first state to adopt no-fault divorce in 1970.
Quick Facts
Residency Requirement
6 months in state, 3 months in county
Waiting Period
6 months after service
Filing Fee
$435-$450
Property Division
community property
Grounds for Divorce
- •Irreconcilable differences
- •Incurable insanity
Key Facts
- ★California is a community property state with a strict 50/50 division of marital assets
- ★A mandatory 6-month waiting period applies from the date of service
- ★California was the first state to adopt no-fault divorce in 1970
- ★Filing fees are among the highest in the nation
- ★Summary dissolution is available for short marriages with limited assets
Child Custody
California courts prioritize the best interests of the child and frequently award joint legal and physical custody. The court encourages co-parenting and considers each parent's ability to facilitate the child's relationship with the other parent.
Alimony / Spousal Support
California courts may award temporary or long-term spousal support. For marriages lasting more than 10 years, the court retains jurisdiction over support indefinitely. The goal is for the supported spouse to become self-supporting within a reasonable time.
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Common questions about divorce in California
At minimum, a California divorce takes 6 months due to the mandatory waiting period that begins when the respondent is served. Uncontested divorces may finalize shortly after the 6-month mark, while contested divorces can take a year or more.
A summary dissolution is a simplified divorce process available to couples married less than 5 years, with no children, limited property and debts, and where neither spouse seeks spousal support. It is faster and less expensive than a standard dissolution.