Divorce in California
A divorce in California can have far-reaching consequences regarding property division, child custody, child support, spousal support, and many other rights and obligations. Understanding divorce law in California can help individuals navigate this complex web of laws.
For deeper dives into each issue, see our property division, spousal support, and child custody pages, which outline the standards that accompany a dissolution.
Grounds for Divorce in California
California recognizes only two legal grounds for divorce under Family Code §2310:
- Irreconcilable differences - the no-fault ground, meaning that the marriage has broken down beyond repair. This is the most common basis for divorce.
- Permanent legal incapacity to make decisions - formerly referred to as "incurable insanity." The petitioner must provide competent medical or psychiatric evidence that the condition is permanent and renders the spouse legally incapable of making decisions. This ground is very rarely used.
Residency Requirements for Divorce in California
Before either spouse can file for divorce, one of the spouses must meet the residency requirements:
- At least six months of residence in the State of California, and
- At least three months of residence in the county where the divorce petition is filed.
These requirements are found in Family Code §2320.
Beginning the Divorce Process
The divorce process begins when one spouse (the petitioner) files a Petition for Dissolution of Marriage and a Summons with the Superior Court in the county of residence. The petition includes information about the couple's property, debts, children, support, and related matters.
The Summons officially notifies the other spouse (the respondent) that a divorce case has been filed and that they must file a Response within 30 days of being served. The respondent must be legally served with the Petition and Summons in accordance with California law.
Once service is complete, there is a mandatory six-month waiting period before the divorce can be finalized. This six-month period begins on the date the respondent is served or the date of the respondent's first appearance, whichever occurs first (Family Code §2339(a)). The divorce cannot become final until this period has passed, although other issues (custody, support, property) may be resolved earlier.
Automatic Temporary Restraining Orders (ATROs)
When the Petition and Summons are filed and served, automatic temporary restraining orders go into effect for both parties under Family Code §2040. These restraining orders prohibit either party from:
- Removing any minor children from the state without the other parent's written consent or a court order.
- Transferring, encumbering, or disposing of property, except in the usual course of business or for the necessities of life.
- Changing the beneficiary of any insurance policy.
- Canceling or altering existing health, life, automobile, or disability insurance policies.
- Creating or modifying nonprobate transfers (such as revocable trusts) without notice.
- Failing to notify the other spouse of any extraordinary expenditures.
These orders are printed on the Summons form (FL‑110).
Property Division
California is a community property state. This means that, in general, property acquired by either spouse during the marriage is presumed to be community property and is divided equally (50/50) upon divorce, unless a valid agreement states otherwise (Family Code §2550).
Visit our California property division resource for valuation tips, tracing strategies, and guidance on dividing retirement plans or real estate.
Separate Property
Separate property includes:
- Property owned before marriage
- Property acquired by gift or inheritance
- Income, rents, or profits derived from separate property
- Property covered by a valid prenuptial or postnuptial agreement
- Property acquired after the date of separation
Community Property
Community property generally includes property acquired during the marriage through the efforts of either spouse. This can include bank accounts, real estate, vehicles, pensions, stock options, and retirement benefits.
Debts
Debts incurred during the marriage are presumed to be community debts. Debts incurred before marriage or after the date of separation are separate. Student loans are generally assigned to the spouse who obtained the education, even if incurred during the marriage, unless the loan substantially benefited the community (Family Code §2641).
If the spouses cannot agree on property and debt division, the court will divide community assets and liabilities equally, as required by law.
Spousal Support
The court may order, or the parties may agree, that one spouse pay spousal support (alimony) to the other. Courts consider multiple factors under Family Code §4320, including:
- The length of the marriage
- The standard of living during the marriage
- The age and health of each spouse
- Each spouse's earning capacity, work history, and employability
- Any career sacrifices or contributions made to the marriage
- The presence of domestic violence
- The property and debts of each spouse
- The needs of each spouse and ability to pay
- The presence of minor children and any caregiving responsibilities
Spousal support typically continues until the time specified in the court order or judgment, the death of either spouse, or the remarriage of the supported spouse (Family Code §4337). Cohabitation with a new partner may also justify a reduction or termination of support (Family Code §4323).
Our spousal support guide explains temporary versus long-term orders and how to pursue modifications if financial circumstances shift.
Disclosures
Both parties are required to exchange Preliminary Declarations of Disclosure and later Final Declarations of Disclosure that list all assets, debts, income, and expenses (Family Code §§2100-2110). This ensures transparency in financial matters before settlement or trial.
Matters Relating to Children
When minor children are involved, the court must decide issues of child custody, visitation, and child support.
Learn how judges evaluate each area in our custody, visitation, and child support sections.
- Legal custody refers to the right to make decisions about the child's welfare, including education, healthcare, and religion.
- Physical custody refers to where the child lives and the daily care arrangements.
The court may award joint or sole custody of either type, always based on the best interests of the child (Family Code §3011). The court may also order one parent to pay child support according to the statewide guideline formula (Family Code §4055).
Temporary Orders
Either spouse may request a hearing for temporary (pendente lite) orders during the divorce, including:
- Temporary custody and visitation
- Temporary child or spousal support
- Attorney's fees and costs
These temporary orders remain in effect until modified or replaced by the final judgment.
Divorce Process Options
Divorcing spouses can choose among several process options:
- Full attorney representation - A lawyer handles all aspects of the case, whether contested or uncontested.
- Limited-scope representation - A lawyer assists with specific parts, such as reviewing a settlement or attending a single hearing.
- Self-representation (pro se) - The spouse acts as their own attorney.
- Mediation - A neutral mediator helps both spouses negotiate a settlement outside of court.
- Collaborative divorce - Each spouse has a collaborative attorney, and other neutral professionals (such as financial specialists or child experts) may assist. If the process fails, the collaborative attorneys must withdraw.
The right process depends on the parties' relationship, complexity, cost, and willingness to cooperate.
For practical tips before attending Family Court Services or hiring a private neutral, visit our mediation and arbitration guide.
Summary Dissolution (Simplified Divorce)
California offers a summary dissolution process for couples who meet specific criteria under Family Code §§2400-2406. It is a streamlined, no‑hearing process for short-term marriages with limited property and debt.
To qualify, both spouses must:
- Have been married for five years or less
- Have no children together (born or adopted before or during the marriage)
- Own no real estate, other than a short-term lease
- Have community property totaling less than $57,000 (excluding vehicles)
- Have separate property worth less than $57,000 each (excluding vehicles)
- Have community debts of $6,000 or less (excluding vehicle loans)
- Agree to waive spousal support
- Have a written agreement dividing property and debts
- Both sign and file a Joint Petition for Summary Dissolution (Form FL‑800)
This process allows a final judgment without court appearances, provided all requirements are met.
Sources:
California Family Code §§2040,2100-2110,2310,2320,2339,2400-2406,2550,2641,3011,4055,4320,4323,4337
California Courts Self‑Help: Divorce or Legal Separation