Divorce in California (CA)

If you are considering a divorce in California, understanding the specific statutes that apply to your case is essential before you take any action. The rules governing residency, property division, support, and custody are set by state law — and California's framework differs in important ways from other states.

Key Requirements at a Glance

Grounds for Divorce in California

No-fault only: irreconcilable differences or incurable insanity

Because California is a no-fault state, courts do not examine marital misconduct when deciding whether to grant the divorce. However, fault can still be relevant in some states when determining property division or alimony.

Property Division: Community Property

Community property — assets and debts acquired during marriage split 50/50

Separate property — assets owned before the marriage, inherited during the marriage, or received as a personal gift — is generally excluded from division. However, separate property can become "commingled" with marital property and lose its separate character if not carefully maintained. Real estate mortgages, retirement accounts, and business interests are particularly complex and often require a forensic accountant or QDRO specialist.

Alimony & Spousal Support

Spousal support based on income disparity, marriage length, and standard of living. Long-term marriages (10+ years) may produce indefinite support.

Temporary support (also called alimony pendente lite) may be ordered during the proceedings to maintain the status quo. Post-divorce support is a separate determination. Either party can request modification if there is a substantial change in circumstances — such as job loss, disability, or remarriage of the recipient.

Child Custody & Parenting Time

Best interest of child standard; joint physical and legal custody favored when both parents are fit. Courts consider each parent's relationship history, stability, and proximity.

Courts distinguish between legal custody (decision-making authority over education, healthcare, and religion) and physical custody (where the child lives). Shared legal custody is common even when one parent has primary physical custody. Any parenting arrangement must be embodied in a written parenting plan submitted to and approved by the court.

Child support is calculated separately from custody and follows California's statutory formula based on each parent's income, the custody split, and allowable deductions (healthcare, childcare). Support orders can be enforced through wage garnishment and are modifiable upon substantial change in circumstances.

Step-by-Step Filing Process in California

1. File Petition for Dissolution: File FL-100 (Petition) and FL-110 (Summons) at your county superior court.
2. Serve Your Spouse: Have someone (not you) personally serve the respondent. File proof of service FL-115.
3. Wait for Response: Respondent has 30 days to file a response (FL-120). If no response, you may proceed by default.
4. Complete Financial Disclosures: Both spouses must complete Schedule of Assets and Debts (FL-142) and Income/Expense Declaration (FL-150).
5. Negotiate or Litigate: Reach a Marital Settlement Agreement (FL-180) or attend hearings to resolve disputed issues.
6. Judgment of Dissolution: After the 6-month waiting period, file Judgment (FL-180) and Notice of Entry of Judgment (FL-190) to finalize.

Disclaimer: This page is for general educational information only. Divorce laws change frequently. Consult a licensed attorney in California for advice specific to your situation.