California Divorce Laws

Grounds for Divorce in California

No-Fault Grounds

California recognizes no-fault divorce based on:

• Irreconcilable differences
• Permanent legal incapacity

California is a pure no-fault divorce state, meaning you do not need to prove wrongdoing by either spouse.

Residency Requirements

To file for divorce in California, you must meet the following residency requirements:

You must be able to prove residency at the time of filing. Proof typically includes driver's license, voter registration, utility bills, or other official documents showing your address.

Property Division

California follows the Community Property method for dividing marital property.

As a community property state, California generally divides marital assets and debts equally (50/50) between spouses. Property acquired during the marriage is considered jointly owned, regardless of whose name is on the title.

Separate property (owned before marriage, gifts, or inheritances) typically remains with the original owner.

Child Custody

California courts determine custody based on the Best interests of the child standard.

Courts consider multiple factors including:

• The child's relationship with each parent
• Each parent's ability to provide care
• The child's adjustment to home, school, and community
• Mental and physical health of all parties
• Any history of domestic violence
• The child's preferences (depending on age)

Alimony/Spousal Support

When determining alimony in California, courts typically consider:

• Standard of living
• Earning capacity
• Needs and obligations
• Assets and debts
• Length of marriage
• Domestic violence history

Important Notes

Filing for Divorce in California

1. Meet Residency Requirements

   Ensure you meet California's residency requirement of 6 months in state, 3 months in county.

2. Gather Documents

   Collect financial records, property documents, and information about debts, assets, and children.

3. File Petition

   File a divorce petition with the appropriate court. Filing fees are typically $435-$450.

4. Serve Your Spouse

   Your spouse must be officially served with the divorce papers according to state law.

5. Waiting Period

   California has a waiting period of 6 months.

6. Negotiate or Litigate

   Work toward a settlement agreement or proceed to court if issues cannot be resolved.

7. Final Decree

   Once all issues are resolved, the court will issue a final divorce decree.

Official Resources

For official forms and additional information, visit the California court website: