Introduction
Divorce is never easy, but understanding the legal process can help reduce confusion and stress. If you’re planning to file for divorce in California, it’s important to know your rights, responsibilities, and the steps involved. This article provides a comprehensive overview of California divorce laws, updated for 2025.
1. California as a No-Fault Divorce State
California is a no-fault divorce state. This means that you don’t need to prove your spouse did something wrong (like cheating or abuse) to get a divorce. You simply need to state “irreconcilable differences” as the reason for ending the marriage.
2. Residency Requirements
Before filing for divorce in California, you or your spouse must meet the residency requirement:
- At least one spouse must have lived in California for 6 months, and
- In the county where you’re filing for at least 3 months
If you don’t meet these requirements, you can still file for a legal separation and convert it to a divorce later.
3. The Divorce Process in California
Here are the basic steps involved:
a. Filing the Petition
One spouse (the “petitioner”) files Form FL-100 with the Superior Court in their county.
b. Serving the Papers
The other spouse (the “respondent”) must be legally served with divorce papers.
c. Response
The respondent has 30 days to file a response (Form FL-120).
d. Financial Disclosures
Both parties must exchange complete financial information.
e. Waiting Period
California has a mandatory 6-month waiting period from the date of service before the divorce can be finalized.
f. Settlement or Trial
If both parties agree, they can submit a marital settlement agreement. If not, the case may go to trial.
4. Property Division
California follows community property laws, meaning:
- Assets and debts acquired during the marriage are generally split 50/50
- Separate property (owned before marriage or inherited individually) remains with the original owner
5. Child Custody and Support
a. Custody
The court prioritizes the best interest of the child. Custody can be:
- Legal Custody – who makes decisions
- Physical Custody – where the child lives
b. Child Support
Calculated using state guidelines, based on:
- Income of both parents
- Time each parent spends with the child
6. Spousal Support (Alimony)
Spousal support may be awarded based on:
- Length of the marriage
- Standard of living during the marriage
- Earning capacity of each spouse
Temporary or long-term spousal support may apply depending on circumstances.
7. DIY vs Hiring a Lawyer
You can file for divorce on your own (DIY) using court forms, especially if it’s uncontested. However, for complex cases involving property, custody, or disputes, it’s strongly recommended to hire a California family law attorney.
8. Cost of Divorce in California
- Filing fee: Around $435–$500
- Attorney fees: Vary widely, usually starting from $3,000+
- Mediation or online services can reduce overall costs for uncontested divorces
Conclusion
Understanding divorce laws in California is key to protecting your rights and making informed decisions. Whether you’re filing on your own or with legal help, being informed can save time, money, and emotional energy.
