Divorce Laws in California

Understanding California's specific divorce laws, court procedures, and requirements can help you navigate the process more effectively. Here's what you need to know about getting divorced in California.

Key Requirements

Basic Requirements

Residency Requirement:
6 months
Waiting Period:
6 months
Property Division:
Community Property

Cost & Timeline

Average Cost:
$20,000
Average Timeline:
6-12 months
Grounds for Divorce:
No-fault only

Court System

Which Courts Handle Divorce

Superior Court handles divorce cases

Property Division

Community Property

California is a community property state, which means:

  • • Marital property is typically divided 50/50
  • • Separate property (owned before marriage) remains with original owner
  • • Debts acquired during marriage are shared equally
  • • Property acquired during marriage is presumed community property

Child Custody

Custody Standards

Best interests of the child with preference for shared custody

Common factors courts consider:

  • • Child's physical, emotional, and developmental needs
  • • Each parent's ability to provide care
  • • Child's relationship with each parent
  • • Stability of each parent's home environment
  • • Child's preference (if age-appropriate)
  • • Any history of domestic violence or abuse

Important California Information

State-Specific Details

Community property state with mandatory 6-month waiting period

Next Steps

  • Consult with a family law attorney licensed in California
  • Gather all necessary financial documents
  • Understand your county's specific court procedures
  • Consider mediation or collaborative divorce options
  • Research local support groups and resources
  • Plan for the emotional and financial aspects of divorce

Disclaimer: This information is general in nature and should not be considered legal advice. Divorce laws change frequently, and each situation is unique. Always consult with a qualified attorney licensed in California for advice specific to your circumstances.