How to Get a Divorce in California​: Steps and Requirements

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Did you know that California was the first U.S. state to implement no-fault divorce laws in 1970? 

This means that neither spouse has to prove wrongdoing to get a divorce—all that’s needed is an “irreconcilable difference.” 

While this makes the process legally straightforward, ending a marriage is never just about paperwork.

If you’re considering divorce, you might be asking: How to get a divorce in California? Do you have to go to counseling before getting divorced? Is counseling required before divorce? 

These are valid concerns, especially when emotions and legal complexities are involved.

The good news is that California does not require couples to attend counseling before filing for divorce. However, if children are involved, counseling might be recommended to ease the transition for them. 

Beyond legal steps, emotional preparedness and financial considerations also play a crucial role in navigating divorce smoothly.

This article will walk you through everything you need to know—legal requirements, costs, timelines, and key steps—so you can make informed decisions with confidence. 

Whether you’re looking for a simple, uncontested divorce or dealing with a more complex situation, this guide will help you understand what to expect and how to move forward.

What is the simplest way to get a divorce in California?

The simplest way to get a divorce in California is through a summary dissolution. 

This is a quicker, less complicated option for couples who meet specific requirements, like being married for less than five years, having no children, and agreeing on how to divide assets and debts. 

If you don’t qualify, an uncontested divorce—where both spouses agree on terms—can also make the process easier. In both cases, filing the right paperwork and waiting for the mandatory six-month period is key. 

If you’re wondering how to get a divorce in California, understanding your options can help make the process smoother.

Legal requirements for divorce in California

The first step of learning how to file for divorce is developing an understanding of California divorce laws. Consider the requirements below:

• Filing for divorce in California requires you or your spouse to have been a resident of the state for at least 6 months.
• You must be a resident of the county where you file for at least three months before filing.
• There is an exception to the above requirements for same-sex couples. If your spouse is the same sex as you, you may file for divorce in California, so long as you entered into the marriage in California and live in a state that will not dissolve the marriage.
• California law allows you to file for divorce if there are irreconcilable differences that have led the marriage to deteriorate.
• You may also file for divorce if you have evidence, based upon medical or psychiatric testimony, that your spouse is legally incapacitated and cannot make decisions.
• The California divorce process does not require you and your spouse to separate before following through with a divorce. This means there is no minimum required separation period.

Understanding California’s no-fault divorce law

California is a no-fault divorce state, meaning you don’t have to prove that your spouse did something wrong to end the marriage. Instead, you can simply cite “irreconcilable differences” as the reason. This makes the process smoother and avoids unnecessary conflict.

In the past, divorces often required one spouse to blame the other for issues like infidelity or abandonment. But today, in California, you can file for divorce without placing blame. This helps couples separate without dragging personal grievances into court.

If you’re wondering how to get a divorce in California, understanding the no-fault rule is important. It ensures that both spouses can move forward without long legal battles over who was at fault. 

While emotional pain is real, the law focuses on ending the marriage fairly rather than proving wrongdoing. Whether the decision is mutual or one-sided, a no-fault divorce allows you to focus on the next chapter of your life.

How long does a divorce take in California?

One question people often wonder when determining how to get a divorce in California is how long the process will take. While it is difficult to determine the exact length of time the divorce process will take, what it is important to understand is that there is a six-month waiting period. 

California courts do not require a minimum separation period during a divorce, but there is a six-month waiting period before the court will grant a divorce.

This means it will take at least six months from the time of filing to complete your divorce process in California. A divorce in which one party contests or the parties cannot come to an agreement, may result in a trial, which can lengthen the process. 

Step-by-step process for getting a divorce in California

The divorce process in California follows a series of legal steps. Each step is important to ensure the process is completed correctly and as smoothly as possible. Below is a detailed breakdown of what you need to do:

1. Fill out California divorce forms

To begin the process, you must complete and submit several legal forms, including:

• Summons (FL-110) – This notifies your spouse that a divorce case has been filed and provides important legal information.
• Petition (FL-100) – This document outlines key details such as personal information, grounds for divorce, requests for child custody, spousal support, and property division.
• Child Custody Forms – If you have children, additional forms specify custody arrangements, visitation schedules, and parental responsibilities.
• Temporary Orders (if needed) – If you need financial support or temporary child custody arrangements before the divorce is finalized, you can request temporary court orders.

A full list of required forms is available on the California Courts website.

2. Review your forms for accuracy

Errors or incomplete information can delay your case, so reviewing your paperwork carefully is crucial. Consider:

• Hiring an attorney – A family law attorney can review your documents and help ensure accuracy.
• Using self-help legal services – Many courthouses offer self-help centers where court clerks can check your forms for completeness.

3. File your divorce forms with the court

Once your forms are complete and reviewed, you must file them at the courthouse in the county where either you or your spouse resides. Some key points:

• There is a filing fee (typically around $435, but fee waivers may be available for low-income individuals).
• The clerk will stamp and return copies of your filed documents for your records.
• Filing officially opens your divorce case with the court.

4. Serve divorce papers to your spouse

California law requires that your spouse be legally notified of the divorce. However, you cannot serve the papers yourself. Instead, you must:

• Ask a friend, relative, process server, or sheriff to serve the documents in person.
• Alternatively, use certified mail with a return receipt if your spouse agrees.
• The person who serves the papers must complete a Proof of Service form to confirm delivery.

If your spouse refuses to accept the papers, a process server can help track them down and ensure proper service.

5. Wait for your spouse’s response

Your spouse has 30 days from the date they are served to respond in one of three ways:

1. No response – If they fail to respond, the court may grant a default judgment, meaning the divorce proceeds without their input.
2. Agreeing to the divorce – If they sign and return the paperwork in agreement, this is considered an uncontested divorce, making the process faster.
3. Disputing the terms – If they disagree with the terms (e.g., custody, property division, spousal support), they can file a response, leading to negotiations or a trial.

6. Complete and serve financial disclosure forms

Within 60 days of filing for divorce, both spouses must exchange financial disclosure forms, detailing:

• All income sources (paychecks, investments, self-employment, etc.).
• Property ownership (homes, cars, savings, retirement accounts).
• Debts and liabilities (credit cards, loans, mortgages).

These forms ensure fair division of assets and prevent hidden financial information from affecting the settlement.

7. Reach an agreement or proceed to trial

Once financial disclosures are exchanged, the divorce can proceed in one of two ways:

• Uncontested Divorce – If both spouses agree on key issues like property division, child custody, and support, they can draft a settlement agreement, sign it, and submit it to the court for approval.
• Contested divorce – If spouses cannot agree, they may enter mediation to try and resolve disputes. If mediation fails, the case goes to trial, where a judge makes the final decisions.

8. Finalizing your divorce

Even if the divorce is uncontested and all agreements are reached quickly, California has a mandatory six-month waiting period before the divorce is legally finalized.

• The court will review and approve the final paperwork.
• A judge will sign the final divorce decree, making it official.
• You will receive a Judgment of Dissolution of Marriage, which serves as your proof of divorce.

If the divorce is contested, it may take longer due to court hearings, negotiations, and potential trials.

Important factors to consider before filing

While the above steps to divorce in California provide you with a list of general tasks you will need to complete, some cases may be more complex or involved than what is discussed above. 

If you’re filing for divorce, you may need to consider one or more of the following factors when determining how to get a divorce in California:

• Protecting yourself and/or your children

If there is abuse or domestic violence in your marriage, you may have to take additional steps to protect yourself and/or your children during the California divorce process. 

This may involve contacting your children’s school to notify them of the pending divorce and to request that the children not be released to your spouse. You may also have to file for a protection order from the court.

• Gathering needed information

The process of completing California divorce forms requires you to provide the court with a significant amount of information. You will need to gather information such as pay stubs, mortgage statements, bank statements, and documentation of debts and assets. 

You will need to be able to inform the court of what property you own, what debts you have, and how much money you earn. Gathering documentation to support this information, and making copies of it, is in your best interests.

• Considering spousal support

Perhaps you stayed at home with the children, or maybe you only worked part-time, so you had more time to manage the household while your spouse was working full-time and committing themselves to their career. 

If this was the case, you might need spousal support or alimony to make ends meet during and after the divorce. 

A judge will consider your situation and grant spousal support for a “reasonable time period” to allow you to support yourself. 

You need to be prepared to inform the judge of what job skills you have, what training or education you may need to develop marketable job skills, whether your current or future earning potential has been limited by the marriage, and what amount you contributed to your spouse’s education and career during the marriage. 

The judge will also consider your spouse’s ability to pay alimony. 

• At-fault isn’t entirely irrelevant

While California divorce laws indicate that the state is no-fault, that doesn’t mean there are no repercussions for certain wrongdoings. 

For instance, if your spouse has been violent or abandons the family, this can be considered in alimony decisions, property division, and child custody. 

Your spouse may also have to reimburse you for using marital funds for endeavors like gambling or an affair. So, while you may not be able to slam your spouse with “fault” for the divorce, it is worth mentioning these shortcomings in court, as they may help your case. 

• The 10-Year Marriage Law

One thing that makes California divorce laws unique is what is known as the “10-Year Marriage Law.” According to this law, a marriage that lasts 10 years or more is of “long duration,” and the court, therefore, has permanent jurisdiction over the marriage. 

This means that if there is an alimony or child support ruling stemming from a divorce involving a marriage of 10 or more years, the same judge that heard the original case will hear the case again should the parties return to court to have the terms of the divorce amended. 

A marriage of 10 years or longer also offers parties an opportunity to return to court if circumstances change. 

For example, if a judge initially awards one spouse six years of alimony, if the divorce was 10 or more years, the parties may return to court, and one party may request that alimony be extended based upon changing financial circumstances since the initial alimony award.

FAQs

If you’re looking to learn how to get a divorce in California, you may have some of the following frequently asked questions:

• Do you need an attorney to file for divorce in California? 

While it is not legally required that you get an attorney to file for divorce in California, having one makes the process much simpler. A divorce can be a long and complicated ordeal, and having an attorney in your corner is helpful, especially if your spouse contests the divorce. 

An attorney can represent your interests and ensure that all California divorce forms are completed properly to avoid any delays or hassles with the court. 

Check out this video where Andy I. Chen discusses 5 questions that you must be prepared with while hiring an attorney for divorce:

• How much is a divorce in California? 

While the costs of your divorce will depend upon whether or not you hire an attorney, your attorney’s specific fees and rates, and how much time you spend in court, there are some fixed costs associated with California divorce. 

For instance, the divorce filing fee in California is around $435, and your spouse will also pay this fee if they respond to your petition. 

The exact cost of divorce in California will depend upon how your case plays out in court; an uncontested divorce with fewer hearings and lower attorney fees is likely to be cheaper. 

• Is there a way to make filing for divorce in California faster? 

If you’d like to simplify and expedite the process of filing for divorce in California, a dissolution of marriage in California may be an option for you. 

The court refers to this as a summary dissolution of marriage, but to be granted a dissolution, you must meet certain requirements, including agreeing to no spousal support and agreeing on how property will be divided. 

Your marriage must also have been for less than five years; you cannot own or rent any buildings or land, and you cannot owe more than $6,000 in debt since you got married. 

Finally, you must not have more than $45,000 in property acquired during the marriage and not more than $45,000 in separate property. 

• What assets and financial compensation am I entitled to in a California divorce? 

While each case is a little different, and it is difficult to answer this question without knowing a couple’s unique situation, California divorce laws do define “community property” as anything that was acquired during the marriage. 

This means that if your spouse developed a business during the marriage, you may be entitled to half of it. You may also be entitled to pension funds acquired during the marriage, as community property is generally split in half. 

Anything acquired before the marriage is considered separate property, which means you may not be entitled to it. In addition, child support and alimony are determined based upon numerous factors, such as your and your spouse’s income and earning potential, and will vary in each case. 

Conclusion: What’s Next?

Divorce isn’t just about paperwork—it’s a life transition. While the legal process has its steps, what comes next is just as important. How will you rebuild your life? 

What legal and financial changes should you prepare for? Understanding how to move forward—whether it’s handling post-divorce finances, co-parenting effectively, or even adjusting emotionally—is key to truly closing this chapter.

Also, remember that California law allows modifications to child custody, spousal support, or other agreements if circumstances change. If conflicts arise down the road, mediation or legal assistance can help navigate them.

Divorce may feel overwhelming, but with the right approach, it’s also a chance for a fresh start. Whether you’re finalizing your case or just beginning, staying informed and seeking support—legal or personal—can make the process smoother. 

Take it one step at a time, and remember: your future is still yours to shape.