What is the minimum time to get a divorce in California?

The absolute minimum time to get a divorce in California is six months and one day. This is mandated by California Family Code section 2339(a), which provides that no judgment of dissolution is final until six months have expired from the date of service of the summons and petition on the respondent, or the date of the respondent's appearance, whichever occurs first. There are no exceptions, waivers, or expedited procedures to shorten this mandatory waiting period, regardless of how quickly the parties reach agreement on all issues.

When does the six-month waiting period start?

The six-month waiting period begins when the respondent (the non-filing spouse) is formally served with copies of the divorce petition and summons, or when the respondent makes a formal appearance in the case, whichever happens first. Importantly, the clock does not start when the petitioner files the papers with the court. Under California's new joint petition process (SB 1427, effective January 1, 2026), if both spouses file a joint petition, service is deemed to have occurred upon filing, starting the clock immediately.

How long does a contested divorce take in California?

A contested divorce in California typically takes at least 18 months to finalize, and complex cases involving custody disputes, significant assets, or business valuations often extend beyond two years. The contested process involves extended discovery, mandatory settlement conferences, potential mediation, and possibly a full trial. Court backlogs in larger counties like Los Angeles, Orange, and San Diego can add further delays. The actual divorce duration depends on the specific issues in dispute and the court's calendar.

How much does it cost to file for divorce in California?

The court filing fee for a Petition for Dissolution of Marriage in California is $435 to $450, according to California's Statewide Civil Fee Schedule. The respondent pays the same fee to file a Response, bringing the combined filing cost to $870 to $900. Additional costs may include process server fees ($50 to $150), certified copy fees, and court reporter fees for contested hearings. If you cannot afford the fee, you may qualify for a fee waiver through the court if you receive public benefits like Medi-Cal, CalFresh, or SSI, or if your income falls below certain thresholds. As of February 2026. Verify with your local clerk.

What is the difference between a summary dissolution and a regular dissolution in California?

A summary dissolution under California Family Code section 2400 is a simplified divorce process available to couples who meet strict requirements: the marriage lasted five years or less, there are no minor children, neither spouse owns real property, community property and debts fall below statutory thresholds, and both parties waive spousal support. It is faster and involves less paperwork than a regular dissolution. A regular dissolution is necessary when the couple does not meet these criteria and may involve contested issues. Both types are subject to the six-month waiting period, though the administrative process for summary dissolution is significantly streamlined.

Can the court extend the six-month waiting period?

Yes. Under California Family Code section 2339(b), the court may extend the six-month waiting period for good cause shown. Additionally, under Family Code section 2343, the court may retain jurisdiction over the termination date of the marital status or order that it be terminated at a future specified date, either upon notice and good cause or upon stipulation of the parties. However, the court cannot shorten the waiting period below six months under any circumstances.

What is the new joint petition process under SB 1427?

Senate Bill 1427, effective January 1, 2026, allows couples to file a joint petition for dissolution of marriage or legal separation even if they do not qualify for summary dissolution. This is a significant change because previously, only couples meeting the strict summary dissolution criteria could file jointly. Under SB 1427, filing the joint petition constitutes service on both parties, so the six-month waiting period begins immediately upon filing. If either spouse later wishes to change course, they may file an amended petition or response, at which point the joint petition is revoked and traditional procedures resume. This reform benefits couples with children, real property, or significant assets who still wish to cooperate.

Can I get divorced in California if my spouse does not agree or refuses to participate?

Yes. California is a no-fault divorce state, meaning either spouse can unilaterally decide to end the marriage. The other spouse's agreement is not required. Under California Family Code section 2334(c), one spouse cannot prevent a divorce by refusing to participate. If the respondent does not file a Response within 30 days of being served, the petitioner can request a default judgment. Non-participation leads to a default, not a dismissal of the case. The court will proceed and can make orders regarding property, support, and custody based on the information provided by the petitioner.

Does California require grounds for divorce?

California is a no-fault divorce state. Under California Family Code section 2310, a dissolution of marriage may be granted on two grounds: (1) irreconcilable differences that have caused the irremediable breakdown of the marriage, or (2) incurable insanity. In practice, nearly every divorce petition in California cites irreconcilable differences, and no proof of fault such as infidelity, abuse, or abandonment is required. The court's primary concern is the fair resolution of property, support, and custody issues, not assigning blame.

How Long Does Divorce Take in California? Complete 2026 Timeline Guide

Q: What are the residency requirements to file for divorce in California?

Under California Family Code section 2320(a), at least one spouse must have been a resident of California for at least six months and a resident of the county in which the divorce is filed for at least three months immediately preceding the filing of the petition. If you do not yet meet these requirements, you can file for legal separation immediately (there is no residency requirement for legal separation) and later amend your petition to request dissolution once you qualify. For same-sex marriages entered in California where neither party lives in a state that will dissolve the marriage, you may file in the California county where you married.

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

Answer: How Long Does Divorce Take in California?

A divorce in California takes a minimum of six months and one day from the date divorce papers are served on the other spouse, as mandated by California Family Code section 2339. Uncontested divorces typically finalize within six to eight months, while contested divorces involving custody disputes or significant assets routinely take 18 months to two or more years to resolve.

Understanding the Mandatory Waiting Period

The single most important factor in answering the question of how long does divorce take California is the state's mandatory six-month waiting period. California Family Code section 2339(a) provides that no judgment of dissolution is final for the purpose of terminating the marriage relationship of the parties until six months have expired from the date of service of a copy of the summons and petition, or the date of appearance of the respondent, whichever occurs first.

This cooling-off period serves several purposes:

It gives spouses time to reconsider the decision and potentially reconcile
It provides an opportunity for both parties to retain counsel
It allows time for investigation into financial and custody matters
It provides administrative time for the court to process the case

The court may extend the six-month period for good cause under Family Code section 2339(b), but critically, the court cannot shorten the waiting period. There are no exceptions, no waivers, and no expedited processing options to reduce the divorce duration below six months and one day, regardless of how amicable the separation may be.

One key detail that many people overlook is when the clock begins. The six-month countdown starts when the respondent is served with the divorce papers, not when the petitioner files the petition with the court. Delayed or improper service can push back the start date of the waiting period by weeks or even months.

Residency Requirements Before Filing

Before you can even begin the divorce timeline, you must satisfy California's residency requirements. Under California Family Code section 2320(a), a judgment of dissolution of marriage may not be entered unless one of the parties to the marriage has been a resident of the state for six months and of the county in which the proceeding is filed for three months immediately preceding the filing of the petition.

This means:

At least one spouse must have lived in California for a minimum of six consecutive months before filing
That same spouse (or the other) must have lived in the filing county for at least three consecutive months before filing

If you recently relocated to California, you may need to wait before you can file, further extending your overall divorce timeline. For example, if a couple moves from another state to California, they must wait six months to establish residency, then serve divorce papers, and then wait an additional six months for the cooling-off period, potentially creating a total timeline of 12 months or longer for even an uncontested divorce.

There is a workaround for those who cannot yet meet the residency requirements: you can file for legal separation immediately upon moving to California (there are no residency requirements for legal separation) and then amend your petition to request dissolution once you satisfy the residency requirements under Family Code section 2321.

For same-sex couples who married in California but now reside in a state that will not dissolve their marriage, California Family Code section 2320(b) permits filing in the county where the marriage was entered, even if neither party currently resides in the state.

Divorce Timeline by Case Type

How long does divorce take California depends heavily on whether the case is uncontested or contested, and on the complexity of the issues involved.

Uncontested Divorce (6 to 8 Months)

An uncontested divorce occurs when both parties agree on all terms before or shortly after filing, including property division, spousal support, child custody, and child support. The divorce duration in an uncontested case typically aligns closely with the mandatory waiting period.

A typical uncontested timeline looks like this:

Month 1: File Petition (Form FL-100) and Summons (Form FL-110); serve the respondent
Month 1 to 2: Respondent files Response (Form FL-120) within 30 days of service
Month 1 to 3: Exchange Preliminary Declarations of Disclosure (financial disclosures should be completed within 60 days of filing, though front-loading to 30 days is advisable)
Month 3 to 5: Negotiate and finalize marital settlement agreement
Month 5 to 6: Submit proposed judgment to court for review
Month 6+: Court enters final judgment of dissolution once the waiting period has expired

Contested Divorce (18 Months to 3+ Years)

A contested divorce is one in which the spouses cannot agree on one or more significant issues. According to divorce research data, contested divorces in California take at least 18 months to finalize, with complex contested cases involving custody disputes or significant assets routinely extending beyond two years.

The contested divorce timeline adds multiple phases:

Months 1 to 6: Filing, service, preliminary motions, temporary orders for custody and support
Months 6 to 12: Discovery phase (interrogatories, depositions, document requests, subpoenas)
Months 12 to 18: Mandatory settlement conference, mediation attempts
Months 18 to 24+: Trial preparation, trial, and post-trial motions

Summary Dissolution (6 Months)

California offers a simplified process called summary dissolution under Family Code section 2400 for couples who meet strict eligibility criteria. Prior to 2026, a summary dissolution required that:

The marriage lasted five years or less (as of the date of separation)
There are no minor children born to or adopted by the couple, and neither party is pregnant
Neither party owns any interest in real property (other than a qualifying lease)
Total community property assets (excluding vehicles) do not exceed the adjusted statutory threshold
Total community obligations (excluding vehicle loans) are minimal
Both parties waive spousal support
Both parties agree to the division of all assets and debts

A summary dissolution generally finalizes in approximately six months from the filing of the joint petition.

Recent Law Changes Affecting the Divorce Timeline (2024 to 2026)

Several significant legislative updates affect how long does divorce take California and the broader divorce process:

Senate Bill 1427: Joint Petition for Dissolution (Effective January 1, 2026)

This is the most significant procedural change in years. SB 1427 allows couples to file a joint petition for dissolution of marriage or legal separation, even if they do not qualify for summary dissolution. This new procedure amends Family Code sections 2330, 2331, 2342, 2401, and 2402, and adds sections 2342.5 and 2342.51.

Key features of the joint petition process:

Both spouses file together, eliminating the traditional petitioner-versus-respondent model
Filing the joint petition constitutes service on both parties, which means the six-month waiting period begins immediately upon filing
Couples must agree on key terms (property division, custody, support) before filing
If either party later files an amended petition or response, the joint petition is revoked, and the case proceeds under traditional rules

This reform can meaningfully reduce the divorce duration for cooperating couples because it eliminates the gap between filing and service, which sometimes adds weeks or months to the timeline.

Senate Bill 343: Updated Child Support Formula (Effective September 1, 2024)

SB 343 updated California's child support formula to better reflect shared custody arrangements and self-employment income. Changes include a revised K-factor and greater weight on actual parenting time. While this does not change the waiting period, it can affect how quickly support disputes are resolved, thus influencing overall divorce duration.

Senate Bill 1055: Driver's License Suspension Changes (Effective January 1, 2025)

California no longer suspends driver's licenses for child support debtors whose income is at or below 70 percent of the county's median income. The threshold for suspension has also increased from 30 days to six months of non-payment.

Family Law Case Transfers (Effective January 1, 2025)

Family law proceedings can now be transferred to any county where either party resides, accommodating modern mobility and reducing burdens on people who have relocated.

Domestic Violence and Firearms Provisions (Effective January 1, 2025 and 2026)

Courts must now consider illegal firearm possession when making custody decisions. As of January 1, 2025, Assembly Bill 2759 requires the immediate surrender of all firearms and ammunition when a domestic violence protective order is issued. Additional firearm restrictions take effect January 1, 2026, tightening rules on exemptions for firearm relinquishment under the Domestic Violence Prevention Act.

Filing Fees and Court Costs

The basic filing fee for a divorce petition in California is $435 to $450, according to the California Statewide Civil Fee Schedule. If the respondent files a Response, the same fee applies, potentially bringing the combined initial filing cost to $870 to $900.

As of February 2026. Verify current fees with your local clerk of court.

Additional costs to budget for include:

Process server fees: $50 to $150 for personal service of divorce papers
Certified copies of the final judgment: approximately $15 plus $0.50 per page
Notary and courier fees: $10 to $50 each
Court reporter fees (for contested cases): approximately $870 per day in some courts

If you cannot afford the filing fee, California courts offer a fee waiver program. You may qualify if you receive public benefits such as Medi-Cal, CalFresh, or SSI; if your income falls below specific thresholds (generally 125 percent of the federal poverty guidelines); or if paying the fee would prevent you from meeting your basic needs.

You can learn more about filing and forms at the California Courts Self-Help website: https://selfhelp.courts.ca.gov

Factors That Affect the Divorce Timeline

Several variables determine how long does divorce take California beyond the mandatory waiting period:

Level of Agreement Between Spouses

This is the single most influential factor. Couples who agree on property division, custody, support, and debt allocation will complete the process far faster than those who need court intervention. An uncontested divorce can finalize at the six-month mark; a fully contested case may take years.

Complexity of the Marital Estate

Dividing simple assets like bank accounts and vehicles is relatively straightforward. However, significant assets such as real estate, businesses, investment portfolios, retirement accounts, stock options, and intellectual property require professional appraisals and valuations, each of which adds time.

Child Custody Disputes

Custody disputes often require custody evaluations by court-appointed experts, mandatory mediation through Family Court Services, and potentially multiple hearings. Sacramento County and many other California counties require mandatory mediation for child custody and visitation disputes before any trial can occur.

Court Caseload and County-Specific Delays

California's 58 counties each operate their own Superior Court, and processing times vary. Urban counties like Los Angeles, San Diego, and Orange County often have heavier caseloads that can create delays in hearing dates and judgment processing.

Self-Representation Delays

Self-represented litigants (also known as pro per parties) experience higher rates of document rejections, improper service, and procedural errors. These mistakes can add weeks or months to the divorce timeline.

Service of Process Issues

If the respondent cannot be located or avoids service, the petitioner may need to pursue substituted service or service by publication, both of which add significant time before the six-month waiting period even begins.

Strategies to Minimize the Divorce Duration

While the six-month mandatory waiting period cannot be shortened, you can take steps to ensure your divorce finalizes as close to that minimum as possible:

File immediately: Do not delay filing while attempting to negotiate. The six-month clock starts upon service, not upon reaching an agreement
Serve promptly: Use a professional process server ($75 to $150) to ensure valid, prompt service that starts the countdown without delay
Front-load financial disclosures: Complete your Preliminary Declaration of Disclosure within 30 days, rather than waiting until the 60-day deadline
Prepare the settlement agreement early: Aim to have the marital settlement agreement ready by month three
Submit the proposed judgment early: Prepare judgment paperwork by month five to allow time for any corrections before the six-month mark
Consider the new joint petition process: If both spouses are in agreement, the SB 1427 joint petition (effective January 2026) eliminates the filing-to-service gap and starts the clock immediately
Hire experienced counsel: An experienced family law attorney can prevent the procedural errors that commonly delay self-represented cases

California Divorce: Key Statutes Reference

Cal. Fam. Code section 2310: Grounds for dissolution (irreconcilable differences or incurable insanity)
Cal. Fam. Code section 2320: Residency requirements (6 months state, 3 months county)
Cal. Fam. Code section 2339: Mandatory 6-month waiting period
Cal. Fam. Code section 2340: Specifies that the judgment must state the date it becomes effective
Cal. Fam. Code section 2400 to 2406: Summary dissolution eligibility and procedure
Cal. Fam. Code section 2550: Equal division of community property
Cal. Fam. Code sections 2330, 2331, 2342, 2342.5, 2342.51, 2401, 2402 (as amended by SB 1427): Joint petition process