Divorce Laws in California

California Family Code § 2310 provides two grounds for dissolution of marriage: (1) irreconcilable differences, which are differences so serious that no reasonable possibility of reconciliation exists; and (2) permanent legal incapacity to make decisions, which requires substantial medical evidence.

Nearly all California divorces proceed on the grounds of irreconcilable differences. No-fault divorce was pioneered by California in 1969, making it the first U.S. state to adopt the system. You do not need to prove that your spouse did anything wrong — simply stating that irreconcilable differences exist is sufficient.

Fault is not considered by California courts in property division, and adultery does not affect the 50/50 community property split. Fault may be considered in limited circumstances in attorney fee awards under Family Code § 271.

California Family Code § 2320 requires that one spouse must have been a California resident for at least 6 months and a resident of the county where the petition is filed for at least 3 months immediately before filing.

If you are a California resident but have lived in your current county for less than 3 months, you must either wait or file in the county where you previously lived (if you were there for 3 months).

Same-sex couples who were married in California but now live in a state that does not permit divorce for same-sex couples may file for divorce in California. At least one of the residency conditions must still be met.

California is a community property state under California Family Code § 760. All property acquired by either spouse during the marriage — including wages, real estate, retirement benefits, and debt — is presumed to be community property owned equally 50/50.

Separate property — assets owned before marriage, received as a gift, or inherited during the marriage — belongs solely to the individual spouse and is not subject to division. Commingling separate and marital funds can convert separate property to community property.

Under Family Code § 2550, community property must be divided equally unless both spouses agree in writing to an unequal division. Unlike equitable distribution states, a California court cannot deviate from the 50/50 rule based on one spouse's greater contribution or need. However, agreements in a prenuptial or postnuptial agreement can alter these default rules.

California calls alimony "spousal support," governed by Family Code § 4320. Two types exist: temporary spousal support (paid while the divorce is pending) and permanent (long-term) spousal support ordered in the final judgment.

The "marital standard of living" is the benchmark for permanent support. Courts use the Santa Clara formula or county-specific guidelines for temporary support. Factors for long-term support include each party's earning capacity, marketable skills, the extent to which one spouse supported the other's career, the duration of the marriage, health and age, and the balance of hardships.

California's "rule of thumb" for marriages under 10 years is support lasting half the length of the marriage. For marriages over 10 years ("long-term marriages"), there is no set end date, and support may continue indefinitely. Family Code § 4337 terminates spousal support on remarriage of the supported spouse.

**Tax Treatment (SB 711, effective January 1, 2026):** California now conforms to federal law under the Tax Cuts and Jobs Act. For divorce agreements finalized on or after January 1, 2026, spousal support is not tax-deductible for the payor and not taxable income for the recipient under both federal and California state law. This change effectively reduces calculated spousal support amounts by approximately 8-10% compared to pre-2026 orders where the state deduction applied. Orders finalized January 1, 2019 through December 31, 2025 retain California state deduction/income treatment but not federal. Orders finalized before January 1, 2019 retain both.

California courts use "legal custody" (decision-making authority) and "physical custody" (where the child lives) under Family Code § 3010. Courts strongly favor joint legal custody so both parents share decisions about education, health, and welfare. Physical custody can be joint (time split between both homes) or primary with one parent.

California Family Code § 3011 requires courts to consider the health, safety, and welfare of the child as the paramount concern. Courts evaluate each parent's ability to care for the child, the child's relationship with each parent, any history of domestic violence or substance abuse, and the child's continuity in school and community.

Children 14 and older have the right to address the court about their custody preferences under Family Code § 3042.

A California divorce begins with filing a Petition for Dissolution of Marriage (FL-100) and Summons (FL-110) in the Superior Court of the county where either spouse has lived for 3 months. The filing spouse (petitioner) then serves the other spouse (respondent) with the petition.

The respondent has 30 days to file a Response (FL-120). Both spouses must exchange Preliminary Declarations of Disclosure (FL-140, FL-142, FL-150) within 60 days of filing or serving the response. These disclose all assets, debts, income, and expenses.

California has a mandatory 6-month waiting period from the date the respondent is served before the divorce can be finalized. The parties can negotiate and sign a Marital Settlement Agreement, but it cannot be entered as a final judgment until the 6-month waiting period expires.

Filing fees for a petition for dissolution in California are approximately $435-$450, varying by county. The response also costs approximately $435. Fee waivers (Form FW-001) are available for low-income filers.

Additional costs may include: service of process ($50-$100), mandatory financial disclosures, and attorney's fees. Contested divorces with attorneys in major California cities can cost $20,000-$50,000 or more. Mediation and collaborative divorce are lower-cost alternatives.