California is a no-fault divorce state — either spouse can seek dissolution based on "irreconcilable differences" without proving wrongdoing. To file, at least one spouse must have lived in California for at least 6 months and in the county of filing for at least 3 months. California is a community property state (Cal. Fam. Code § 760): assets and debts acquired during the marriage are generally divided 50/50. Every California divorce is subject to a mandatory 6-month waiting period from the date the responding spouse is served — the earliest a divorce can be finalized. Filing fees are set by each Superior Court (typically around $435–$450).
| Governing law | Cal. Fam. Code §§ 2000–2452 (dissolution); § 760 (community property); § 4320 (spousal support factors) |
|---|---|
| Grounds | No-fault — irreconcilable differences or permanent legal incapacity |
| State residency | 6 months (either spouse) |
| County residency | 3 months (either spouse) |
| Waiting period | 6 months from date of service |
| Property system | Community property (50/50 default) |
| Summary dissolution | Available for short marriages (< 5 years) meeting strict conditions |
| Spousal support standard | 10+ factors under Fam. Code § 4320 |
| Filing fee | ~$435–$450 (varies by county) |
| Petition form | Form FL-100 |
| Same-sex marriage | Fully recognized statewide |
No-fault grounds
California abolished fault-based divorce in 1969, becoming the first US state to adopt no-fault dissolution. Under Cal. Fam. Code § 2310, there are only two grounds for dissolution:
- Irreconcilable differences — the practical universal ground; requires only that the marriage has broken down and cannot be repaired.
- Permanent legal incapacity to make decisions — used when a spouse has an incapacity that renders them unable to make decisions.
Marital misconduct — adultery, cruelty, abandonment — is generally not relevant to whether the divorce is granted, though it can affect specific issues (like domestic violence's impact on custody or waste of community assets).
Residency requirements
To file for divorce in California, at least one spouse must meet two residency requirements at the time of filing:
- State residency: lived in California for at least 6 months.
- County residency: lived in the county where filing for at least 3 months.
If you meet state but not county residency, you can file in the county where the other spouse meets the 3-month requirement. If neither spouse meets the state residency requirement, you can file for legal separation immediately and amend to a dissolution once residency is established.
Filing process step-by-step
- File Petition (Form FL-100) and Summons (Form FL-110) with the Superior Court in your county. Pay the filing fee (~$435–$450) or apply for a fee waiver (Form FW-001) if you qualify.
- Serve the other spouse with the petition, summons, and a blank Response (Form FL-120). Service must be done by a third party (adult non-party), typically via a professional process server or the sheriff. Complete Proof of Service (Form FL-115).
- Wait for response — the respondent has 30 days to file a Response (Form FL-120). If they don't respond, you can request a default judgment.
- Financial disclosures — both spouses must exchange preliminary declarations of disclosure (income and expense declaration Form FL-150; schedule of assets and debts Form FL-142 or 160). This is mandatory and cannot be waived.
- Negotiate a settlement or, if issues cannot be resolved, proceed to trial. Most California divorces settle without a full trial.
- Judgment (Form FL-180) — once both parties agree or the court rules on contested issues, judgment is entered. The earliest the divorce is legally final is 6 months from the date of service.
Summary dissolution (short-form)
Some short-marriage, low-asset California couples qualify for an expedited "summary dissolution" under Cal. Fam. Code §§ 2400–2406. Both spouses must meet all of the following:
- Married less than 5 years (from date of marriage to date of filing).
- No minor children together (born or adopted before or during the marriage), and neither spouse is pregnant.
- Neither spouse owns real estate.
- Community property (excluding cars) is worth less than $53,000, and neither spouse's separate property (excluding cars) is worth more than $53,000.
- Community debts (excluding car loans) are less than $8,000.
- Both spouses agree to waive rights to spousal support.
- Both spouses have read a summary dissolution information booklet and agree to submit a joint petition.
Summary dissolution uses Form FL-800 and still requires the 6-month waiting period, but eliminates much of the paperwork.
The dollar thresholds ($53,000 / $8,000) are periodically updated by the Judicial Council. Verify current-year amounts on the California Courts self-help site before filing.
Community property division
California is one of nine US community property states. Under Cal. Fam. Code § 760, all property acquired by either spouse during the marriage — while domiciled in California — is community property, owned equally by both spouses.
Community vs separate property
| Category | Definition | Divided in divorce? |
|---|---|---|
| Community property | Assets and debts acquired during marriage while domiciled in CA | Yes — 50/50 default |
| Separate property | Owned before marriage, or acquired during marriage by gift/inheritance | No — stays with owner |
| Quasi-community property | Acquired while spouses lived out of state, but would have been community if acquired in CA | Yes — treated as community |
| Commingled property | Mix of community and separate | Traced and divided based on source |
Community property division is generally 50/50 unless the parties agree otherwise or the court finds unusual circumstances. Courts have wide discretion to accomplish an equal division — for example, awarding the house to one spouse and offsetting assets to the other, rather than forcing a sale.
Spousal support (alimony)
California courts consider 14+ factors under Cal. Fam. Code § 4320 when awarding permanent spousal support, including:
- Extent to which each spouse's earning capacity supports the marital standard of living.
- Contribution to the supporting spouse's education/training/career.
- Ability of supporting spouse to pay.
- Needs of each party based on the marital standard of living.
- Duration of the marriage.
- Age and health of both parties.
- Assets and obligations of each party.
- Documented history of domestic violence.
- Tax consequences to each party.
- Balance of hardships.
- Goal of the supported party becoming self-supporting within a "reasonable period" (generally half the length of marriage for marriages under 10 years).
Temporary vs permanent support
Temporary support (during divorce proceedings) is usually calculated using guideline formulas that vary by county. Permanent (post-judgment) support is based on the § 4320 factors and is not formula-driven.
Child custody & support
California courts decide custody based on the best interests of the child under Cal. Fam. Code § 3011. There is no gender presumption — mother and father start on equal footing. Common orders include joint legal custody (both parents make major decisions) with primary physical custody to one parent, though truly shared physical custody is increasingly common.
Child support is calculated using the statewide guideline formula based on each parent's net income, timeshare percentage, and the number of children. The formula produces a presumptively correct amount that courts follow unless rebutted by specific findings.
See our dedicated pages on California child custody and California child support for full detail.
6-month waiting period
Under Cal. Fam. Code § 2339, the earliest a California divorce can be finalized is 6 months and 1 day from the date the respondent is served with the petition (or the date the respondent first appears, if earlier). This is a statutory minimum — the divorce may take considerably longer if issues are contested. During the waiting period, spouses remain legally married and cannot remarry.
Division of debts
Debts incurred during the marriage are generally community debts and divided 50/50, even if only one spouse's name is on the account. Debts incurred before marriage or after separation are the incurring spouse's separate responsibility. Creditors can still pursue either spouse for community debts regardless of how they're divided in the judgment — enforcement between spouses is separate from creditor rights.
Retirement accounts & QDROs
Retirement accounts and pensions earned during the marriage are community property, even though titled in one spouse's name. Dividing certain retirement plans (401(k)s, defined-benefit pensions) requires a Qualified Domestic Relations Order (QDRO) — a specialized court order that instructs the plan administrator how to divide the account. QDROs are typically drafted by attorneys or specialized QDRO firms after the divorce judgment. IRAs are divided by "transfer incident to divorce" and don't need a QDRO.
State agency contact
California Courts — Self-Help Center
Statewide self-help resource for divorce filing, forms, and process
Compared to neighboring states
Related California laws
Related comparisons
Related guides
Recent changes
- 2015Following Obergefell v. Hodges, all California divorce statutes have been applied identically to same-sex marriages.
- 2005California recognized domestic partnerships with dissolution processes substantially similar to marriage.
- 1969California became the first US state to adopt no-fault divorce with the Family Law Act of 1969.
Need advice on your specific California situation?
State Law Handbook doesn't provide legal advice. Connect with a licensed California attorney for personal counsel.
Sources
Primary sources
- California Family Code §§ 2000–2452. The primary dissolution statutes. https://leginfo.legislature.ca.gov/faces/codesTOCSelected.xhtml?tocCode=FAM&tocTitle=+Family+Code+-+FAM
- California Family Code § 760. Community property definition. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM§ionNum=760
- California Family Code § 4320. Spousal support factors. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM§ionNum=4320
- California Courts Self-Help — Divorce. The statewide judicial branch self-help site. https://selfhelp.courts.ca.gov/divorce
- California Judicial Council Family Law Forms. Petition (FL-100), Response (FL-120), Financial Disclosures (FL-150, FL-142), Judgment (FL-180). https://www.courts.ca.gov/forms.htm?filter=FL