Complete Guide to Divorce in California (2026)

Written by: Antonio G. Jimenez, Esq. | Florida Bar No. 21022 | Covering California Divorce Law

Divorce in California is a no-fault process governed primarily by the California Family Code. To file, at least one spouse must have lived in California for six months and in the filing county for three months. The filing fee is $435 to $450 per spouse, and the mandatory waiting period is six months and one day from the date of service. California is a community property state, meaning marital assets are generally split 50/50.

Overview of Divorce in California

California was the first state in the United States to adopt no-fault divorce, doing so in 1969 under then-Governor Ronald Reagan. Today, the process for divorce in California is governed by the California Family Code, and courts do not require either spouse to prove wrongdoing to end a marriage. This foundational principle shapes every aspect of dissolution proceedings in the state, from how grounds are pleaded to how property is divided.

Here are the key facts at a glance:

• Filing fee: $435 to $450 per spouse (as of February 2026; verify with your local clerk)
• Residency requirement: 6 months in California, 3 months in the filing county
• Mandatory waiting period: 6 months and 1 day from service of papers
• Property division: Community property (50/50 split)
• Grounds: No-fault (irreconcilable differences or permanent incapacity to make decisions)

Grounds for Divorce

California Family Code Section 2310 provides only two legal grounds for dissolution of a marriage:

1. Irreconcilable differences, which have caused the irremediable breakdown of the marriage
2. Permanent legal incapacity to make decisions

Family Code Section 2311 further defines irreconcilable differences as "those grounds which are determined by the court to be substantial reasons for not continuing the marriage and which make it appear that the marriage should be dissolved." In practice, the vast majority of California divorces are filed citing irreconcilable differences. Because California is a pure no-fault state, you cannot file for divorce based on adultery, cruelty, abandonment, or any other fault-based ground. One spouse simply needs to state that irreconcilable differences exist, and the court will generally accept this without further inquiry.

However, while fault is not a basis for granting the divorce itself, certain conduct such as domestic violence can still factor into decisions regarding spousal support under Family Code Section 4320 or child custody under Family Code Section 3011.

Residency Requirements

Before you can file for divorce in California, you must satisfy the residency requirements set forth in California Family Code Section 2320. Specifically:

• At least one spouse must have been a resident of the State of California for a minimum of six months preceding the filing of the petition
• At least one spouse must have been a resident of the county where the divorce is filed for at least three months preceding the filing

Residency for these purposes means California domicile, which requires both actual physical presence in the state and an intent to remain indefinitely. Simply owning property in California or visiting temporarily does not satisfy the requirement.

If neither spouse currently meets the residency requirement, California law offers an important workaround. Under Family Code Section 2321, a spouse may file a petition for legal separation instead. A legal separation does not have a residency requirement. Once either spouse has met the six-month and three-month residency thresholds, the petition can be amended to request dissolution of marriage.

There are also special rules for same-sex couples married in California who now reside in states that may not dissolve their marriage. Under Family Code Section 2320(b), California courts may dissolve such marriages even if neither spouse lives in California, provided the marriage was entered in California and neither party resides in a jurisdiction that will dissolve it.

For domestic partnerships registered in California, there is no residency requirement at all. Filing may proceed regardless of where either partner currently lives.

Types of Divorce in California

California provides several pathways for dissolving a marriage, depending on the complexity of the case and whether the spouses agree on key issues.

Summary Dissolution

Summary dissolution is an expedited, simplified process available under Family Code Section 2400. It is the least expensive and least paperwork-intensive option, but it has strict eligibility requirements. To qualify, all of the following must be true:

• The marriage lasted five years or less
• There are no minor children of the marriage
• Neither spouse owns real estate
• Community property is worth less than $57,000
• Each spouse's separate property is worth less than $57,000
• Community debts (excluding car loans) are less than $47,000
• Both spouses agree to waive spousal support permanently
• Both spouses agree on how to divide all assets and debts

If all these criteria are met, the couple files a joint petition and the divorce becomes final six months later without judicial review or court appearances.

Uncontested Divorce

When both spouses agree on all major issues (property division, support, custody) but do not qualify for summary dissolution, they may pursue an uncontested divorce. In this scenario, the petitioner files the Petition for Dissolution of Marriage (Form FL-100), and the respondent may file a Response (Form FL-120), or the parties may file a joint petition. They then submit a written marital settlement agreement to the court.

Uncontested divorces are significantly less expensive and faster than contested cases.

Contested Divorce

When the spouses cannot agree on one or more significant issues, the divorce becomes contested. Contested divorces typically involve discovery, negotiations, motion practice, and potentially a full trial. These cases are substantially more expensive and can take a year or longer to resolve.

Default Divorce

If the respondent fails to file a Response within 30 days of being served, the petitioner may request entry of default. In a default divorce, the court may grant the petitioner everything requested in the petition, as the respondent has forfeited the right to participate.

Property Division: Community Property Rules

California is one of only nine community property states in the United States, and this distinction is one of the most significant aspects of divorce in California. The rules are primarily codified in Family Code Section 760 and related sections.

Family Code Section 760 establishes the fundamental rule: "Except as otherwise provided by statute, all property, real or personal, wherever situated, acquired by a married person during the marriage while domiciled in this state is community property." This means wages, salaries, bonuses, retirement contributions, real estate purchased during the marriage, and virtually any other asset acquired between the date of marriage and the date of separation are presumed to belong equally to both spouses.

Separate Property

Under Family Code Section 770, certain categories of property are classified as separate property and are not subject to division:

• Property owned before the marriage
• Property received by gift or inheritance during the marriage
• Property acquired after the date of separation
• Rents, issues, and profits from separate property (in most circumstances)

The 50/50 Split

Unlike equitable distribution states where judges divide marital property based on fairness and various factors, California mandates an equal division of community property. Family Code Section 2550 requires the court to divide the community estate equally. This means each spouse is entitled to exactly one-half of the net community property.

There are limited exceptions. For example, under Family Code Section 2602, the court may award an asset entirely to one spouse and compensate the other with an equalizing payment. Additionally, if one spouse has deliberately misappropriated community assets, the court may make an unequal division under Family Code Section 1101.

Date of Separation

The date of separation is critical because it marks the end of the community property accumulation period. Under Family Code Section 70, the date of separation is the date on which a complete and final break in the marital relationship occurred, as evidenced by both a spouse's expressed intent to end the marriage and conduct consistent with that intent.

Quasi-Community Property

Property acquired by either spouse while living outside California that would have been community property if the spouses had been domiciled in California is classified as quasi-community property under Family Code Section 125. Upon divorce in California, quasi-community property is divided the same way as community property.

Child Custody and Visitation

California child custody determinations are governed by the "best interest of the child" standard, rooted primarily in Family Code Sections 3011, 3020, and 3040.

Types of Custody

California recognizes four types of custody:

• Joint legal custody: Both parents share the right and responsibility to make major decisions about the child's health, education, and welfare (Family Code Section 3003)
• Sole legal custody: One parent has the exclusive right to make such decisions (Family Code Section 3006)
• Joint physical custody: The child lives with both parents for significant periods (Family Code Section 3004)
• Sole physical custody: The child lives primarily with one parent, while the other may have visitation rights (Family Code Section 3007)

Best Interest Factors

Family Code Section 3011 provides a non-exhaustive list of factors the court must consider when making custody determinations, including:

• The health, safety, and welfare of the child
• Any history of abuse by a parent against a child, the other parent, or a household member
• The nature and amount of contact the child has with both parents
• Habitual or continual use of alcohol or controlled substances by either parent

Importantly, Family Code Section 3011(b) explicitly prohibits the court from considering a parent's sex, gender identity, gender expression, or sexual orientation.

Family Code Section 3040 establishes an order of preference for custody grants. Custody should first go to both parents jointly or to either parent. The section also directs the court to consider which parent is more likely to allow the child frequent and continuing contact with the noncustodial parent.

Family Code Section 3040(e) clarifies that the statute "establishes neither a preference nor a presumption for or against joint legal custody, joint physical custody, or sole custody" but allows the court the widest discretion.

Domestic Violence Presumption

Under Family Code Section 3044, there is a rebuttable presumption that awarding custody to a parent who has perpetrated domestic violence within the past five years is detrimental to the best interest of the child. This can only be overcome by a preponderance of the evidence considering specific statutory factors.

Mandatory Mediation

California requires mediation for custody and visitation disputes before trial. Under Family Code Section 3170, when custody or visitation is contested, the matter must be set for mediation through Family Court Services. Some counties, such as Sacramento, offer this service at no additional cost.

Child Support Guidelines

California uses a statewide uniform guideline for calculating child support, codified at Family Code Section 4050 et seq. The guideline formula is set forth in Family Code Section 4055 and considers:

• Each parent's net monthly disposable income
• The percentage of time each parent has primary physical responsibility for the children (timeshare)
• Tax filing status, deductions, and mandatory payroll deductions
• Health insurance costs
• Mandatory union dues and retirement contributions

The formula itself produces a presumptively correct child support figure. California courts use a software program (such as DissoMaster or XSpouse) to run the calculations based on the inputs required by Section 4055.

Under Family Code Section 4053, both parents are obligated to support their minor children according to their circumstances and station in life. The guideline amount is presumptively correct, meaning the court must order that amount unless one party demonstrates that applying it would be unjust or inappropriate under the specific facts of the case.

Child support in California is not tax-deductible to the paying parent and is not taxable income to the receiving parent.

Spousal Support (Alimony)

Spousal support in California is determined by reference to the factors enumerated in Family Code Section 4320. Unlike child support, there is no strict mathematical formula for permanent spousal support. Instead, the court exercises discretion after weighing all the statutory factors.

Temporary vs. Permanent Spousal Support

Temporary spousal support may be ordered during the pendency of the divorce proceedings. Courts often use guideline software (such as DissoMaster) to calculate temporary support based on a local formula, though this formula is not codified in statute.

Permanent (long-term) spousal support is ordered at the time of trial or judgment. Under Family Code Section 4320, the court must consider all of the following factors:

• The extent to which each party's earning capacity can maintain the marital standard of living
• The marketable skills of the supported party
• Whether the supported party's earning capacity was impaired by periods of unemployment during the marriage for domestic duties
• The extent to which the supported party contributed to the supporting party's education, training, or career
• The ability of the supporting party to pay
• The needs of each party based on the marital standard of living
• The obligations and assets of each party
• The duration of the marriage
• The ability of the supported party to work without unduly interfering with the care of dependent children
• The age and health of both parties
• Any documented history of domestic violence
• Tax consequences
• The goal that the supported party become self-supporting within a reasonable period
• Any other just and equitable factors

Duration of Support

California distinguishes between short-term and long-term marriages for spousal support purposes. Under Family Code Section 4336(b), a marriage of less than ten years is generally considered short-term. For short-term marriages, the general guideline is that support will last approximately half the length of the marriage. For marriages of ten years or longer (considered long duration), the court typically retains jurisdiction indefinitely and may not set a termination date at the outset.

The Filing and Court Process Step by Step

The divorce process in California follows these general steps:

Step 1: Prepare and File the Petition

The petitioner completes the Petition for Dissolution of Marriage (Form FL-100) and the Summons (Form FL-110). These forms are filed with the Superior Court clerk in the appropriate county. The filing fee is $435 to $450.

Step 2: Serve the Papers

The petitioner must have the Summons and Petition served on the respondent by someone other than the petitioner who is at least 18 years old. Service may be accomplished by personal delivery, substituted service, or service by mail with acknowledgment of receipt. Process server costs typically range from $50 to $95.

Step 3: Response

The respondent has 30 days from the date of service to file a Response (Form FL-120). The response filing fee is also $435 to $450. If the respondent does not file a response within 30 days, the petitioner may request entry of default.

Step 4: Preliminary Declarations of Disclosure

Both parties are required to exchange Preliminary Declarations of Disclosure, including an Income and Expense Declaration (Form FL-150) and a Schedule of Assets and Debts (Form FL-142). This exchange is mandatory and must be completed within 60 days of filing the Petition (for the petitioner) or 60 days of filing the Response (for the respondent).

Step 5: Negotiation and Settlement

The parties attempt to resolve all issues through direct negotiation, mediation, or collaborative divorce. If successful, they prepare a written Marital Settlement Agreement (MSA).

Step 6: Final Declarations of Disclosure

Before judgment, each party must serve a Final Declaration of Disclosure, unless both parties waive this requirement in writing under Family Code Section 2105.

Step 7: Judgment

Once the six-month waiting period has elapsed and all issues are resolved, the parties submit a proposed judgment to the court for the judge's signature. In uncontested cases, no court appearance is typically necessary. In contested cases, a trial will be held on unresolved issues before the judge enters a final judgment.

Timeline From Filing to Final Decree

Under California Family Code Section 2339, no divorce judgment is final until at least six months and one day have passed from the date the respondent was served or first appeared in the case, whichever occurs first. This mandatory cooling-off period cannot be shortened by agreement of the parties or by the court. It can, however, be extended for good cause.

In practice, timelines vary significantly:

• Summary dissolution: Approximately 6 months (the minimum waiting period)
• Uncontested divorce with agreement: 6 to 9 months
• Contested divorce with moderate disputes: 9 to 18 months
• Highly contested divorce with trial: 18 months to 3 years or more

Delays can result from backlogs in court processing, difficulty serving the respondent, incomplete financial disclosures, or unresolved disputes requiring additional hearings or trial.

Costs Breakdown

The cost of divorce in California varies enormously depending on the complexity and contentiousness of the case.

• Court filing fee (petition): $435 to $450 per spouse (as of February 2026; verify with your local clerk)
• Process server: $50 to $95
• Certified copies of judgment: approximately $15 plus $0.50 per page
• Mediation: $3,000 to $8,000 for standard cases; $7,500 to $25,000 for complex cases
• Attorney fees (uncontested): $1,500 to $5,000
• Attorney fees (contested): $10,000 to $100,000+
• Average total cost: approximately $17,500 (statewide average)

Fee waivers are available for individuals who receive public benefits such as Medi-Cal, CalFresh, or SSI, or whose income falls below specific thresholds. Courts provide this option under California Government Code to ensure access to justice regardless of financial circumstances.

Some counties, including San Francisco, San Bernardino, and Riverside, may assess additional local fees beyond the base statewide rate.

What Makes Divorce in California Unique

Several features distinguish divorce in California from divorce proceedings in other states:

True Community Property State

California is one of only nine community property jurisdictions in the United States. Unlike the majority of states that follow equitable distribution principles (where courts divide property based on fairness), California mandates a strict 50/50 division of community property. This can produce very different outcomes, particularly in high-asset divorces.

No-Fault Only

California was the first state to adopt no-fault divorce and remains a purely no-fault jurisdiction. Unlike states that still permit fault-based grounds (such as adultery or cruelty), California does not allow either spouse to claim fault as a basis for the divorce itself.

Six-Month Waiting Period With No Exceptions

The mandatory six-month cooling-off period under Family Code Section 2339 is absolute. There is no expedited process, no judicial discretion to shorten it, and no emergency exception. Even when all issues are resolved on day one, the marriage cannot be dissolved until the waiting period has elapsed.

Status-Only Judgment (Bifurcation)

Under Family Code Section 2337, California allows a spouse to request that the court terminate the marital status while reserving all other issues (property, support, custody) for later resolution. This is known as bifurcation and allows a party to become legally single before the entire case is resolved. Conditions may be imposed to protect the other spouse's rights, including maintaining health insurance coverage.

Automatic Temporary Restraining Orders (ATROs)

Upon filing and service of a divorce petition, both parties are automatically subject to temporary restraining orders printed on the back of the Summons (Form FL-110). These ATROs, governed by Family Code Section 2040, prohibit both spouses from transferring, concealing, or disposing of property; changing beneficiaries on insurance or retirement plans; or removing minor children from the state without consent or court order.

Date of Separation Law

In 2017, California codified the definition of the date of separation following the California Supreme Court's decision in In re Marriage of Davis (2015) 61 Cal.4th 846. The legislative response, Assembly Bill 1519, amended Family Code Section 70 to clarify that separation requires both an expressed intent to end the marriage and conduct consistent with that intent. Living under the same roof does not automatically prevent a finding of separation.

Gavron Warning

Named after the case In re Marriage of Gavron (1988), California courts may issue a Gavron warning, which puts a supported spouse on notice that he or she is expected to become self-supporting within a reasonable period. Failure to make good-faith efforts to become self-sufficient may result in modification or termination of spousal support.

Frequently Asked Questions

See the FAQ section below for detailed answers to the most common questions about divorce in California.

Disclaimer: This guide provides general legal information about divorce in California and is not a substitute for personalized legal advice. Laws and filing fees change. Always consult with a qualified California family law attorney for advice specific to your situation.