Divorce in California: Laws, Requirements, and Process
A complete guide to getting a divorce in California. Covers grounds, residency requirements, property division, alimony, child custody, and what to expect from the process.
Data last updated: Apr 16, 2026Key Takeaways
- Property division: Community property.
- Residency requirement: 6 months in the state and 3 months in the county of filing.
- Waiting period: 6 months from service of petition.
- Filing fee: $435 - $450.
Grounds for Divorce
California allows no-fault divorce. The no-fault ground is: Irreconcilable differences.
California is a pure no-fault state. No fault-based grounds are available.
Residency Requirements
6 months in the state and 3 months in the county of filing.
Property Division
California is a community property state. California is a community property state. All property acquired during the marriage is generally divided equally (50/50). Separate property — assets owned before the marriage, gifts, and inheritances — remains with the owning spouse.
Alimony / Spousal Support
California courts may award temporary or long-term spousal support. For temporary support, courts often use county-specific formulas. For long-term support, the court considers factors including the standard of living during the marriage, each party's earning capacity, the length of the marriage, and contributions to the other spouse's education or career.
Child Custody
California courts determine custody based on the best interest of the child. The state encourages frequent and continuing contact with both parents. Courts consider each parent's ability to provide a stable environment, the child's health and safety, any history of abuse, and the child's ties to their community.
Child Support
California uses a statewide guideline formula based on each parent's net disposable income and the amount of time each parent spends with the child. The formula is designed to ensure children share in the standard of living of both parents.
Filing Fee
The filing fee for divorce in California is $435 - $450. Fee waivers may be available for those who cannot afford to pay.
California court divorce resources
Related Resources
Frequently Asked Questions
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What are the grounds for divorce in California?
California is a pure no-fault divorce state. The only grounds are irreconcilable differences or incurable insanity. Neither spouse needs to prove wrongdoing by the other. California does not recognize any fault-based grounds.
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How long do you have to live in California to file for divorce?
At least one spouse must have been a resident of California for at least 6 months and a resident of the county of filing for at least 3 months before filing the petition.
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How is property divided in a California divorce?
California is a community property state. Community property is divided equally (50/50) between the spouses. Separate property — including assets acquired before marriage, gifts, and inheritances — stays with the original owner.
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How long does a divorce take in California?
California has a mandatory 6-month waiting period from the date the petition is served on the other spouse. Even uncontested divorces cannot be finalized before this period ends. Contested divorces may take 1 to 2 years or more.