Divorce in California is called dissolution of marriage. Though commonalities exist among states, divorce law differs state to state. Divorce can be incredibly challenging, but with the right guidance and understanding of the law you can make informed decisions. Read our guide to learn more about dissolution laws and how to file for divorce in California.
Grounds for Divorce in California
Divorce in the United States was at one time usually possible by proving a specific “fault” of one spouse—such as adultery or cruelty. California’s Family Law Act of 1969 made the state the first in the nation to allow no-fault divorce, divorce without proof of any fault. No-fault divorces have since been adopted by every other state and are now the most common type of divorce in the U.S., revolutionizing American family law.
Most dissolutions of marriage in California are no-fault, based on irreconcilable differences based on an irremediable breakdown of the marriage and requires no evidence nor any assignment of guilt. The only other grounds for dissolution is if one spouse has the permanent legal incapacity to make decisions, which is determined in court by expert medical or psychiatric testimony.
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California Residency Requirement
For California courts to have proper jurisdiction over a marriage, no less than six months of residency within the state of California by at least one spouse is required before either spouse may file. One spouse must also have resided for three months in the county in which dissolution proceedings are filed.
This where to file tool provided by the state court system helps petitioners determine if they meet the requirements. Parties that don’t meet the residency requirement can still become legally separated in California—but separation is different from dissolution.
How to File for Divorce in California
To begin a divorce in California, one spouse must file a petition for dissolution, which asks basic questions about the marriage and about what court orders will be sought for issues like alimony or property division. This Find My Court tool helps petitioners in California figure out where to file.
The petitioning spouse must then provide, or serve, the other spouse with copies of the divorce paperwork, including a summons. This officially informs the other spouse, called the respondent, of the case and provides notice of 30 days to submit a response form. (An unresponsive respondent loses the opportunity to contest issues of the divorce and the right to go to trial.)
In California, a six-month waiting period must be observed after filing before dissolution can be made final.
You must also complete a declaration form if children are involved in the divorce. The California Courts offers an excellent self-help guide for divorce with an overview of the steps and links for all necessary paperwork. The complete text of California’s procedural provisions for dissolution of marriage can be found here.
Summary Dissolution
Divorcing spouses who agree to the terms of a dissolution and forgo alimony can qualify for a summary dissolution of marriage and avoid a court hearing. Rather than a petitioner serving a respondent, spouses submit a joint petition together in this instance. Many states have some process like this that allows the simplest and least contentious of divorce cases to save time, money and hassle.
To qualify for summary dissolution in California, divorcing parties must have no shared children and relatively little marital property and liabilities to distribute overall. This is also only available to marriages of five years or less. The California Courts publishes this information page with details about qualifying, and petitioners can begin the joint filing process here.
Divorce Mediation in California
While a judge rules on contested issues when necessary, it saves time, money and often emotional energy when spouses can resolve as many issues as possible outside of court. The mediation process lets divorcing spouses do this with the help of a neutral, unbiased mediator.
Ideally, they come away with a signed, binding agreement on the terms of the divorce, forgoing the need to go to trial. In cases that require both mediation and litigation, a mediator can still help maximize the extent of agreement and streamline an eventual trial. Mediation is always voluntary in California except in divorces with a dispute over child custody.
How to Find a Divorce Attorney in California
The more complicated a divorce, the more it will benefit from professional legal help, particularly in cases with a lot of property or debt to divide. In the U.S., some of the best resources for finding a lawyer are bar associations .
The State Bar of California offers a lawyer referral services directory as well as information on finding the right lawyer and other self-help resources. The California Lawyers Association offers an extensive directory of smaller or local California bar associations and other legal organizations, which often have county-specific resources worth exploring.
While many online resources seek to direct visitors to a particular law firm, consider checking out “Finding a Lawyer” guides from sources like the American Bar Association or the California Courts Hire a Lawyer resource and information page. The Courts also offer information on accessing free or low-cost legal help.
How Much Does It Cost to File for Divorce in California?
While overall divorce costs vary widely, filing fees—one of the few universal costs—are relatively straightforward. In California, it costs $435 to file a petition for dissolution of marriage, no matter the county. Unless it’s a joint petition for summary dissolution, a responding spouse also pays $435 to file a response to the petition. Californians who receive public benefits, have a low income or otherwise cannot afford filing fees can apply for a fee waiver.
Property Division in California
While courts in most states seek to divide property equitably, California is a community property state in which marital or community property is split 50/50. California defines community property as what a couple obtains or owes during a marriage, including anything earned during the marriage and anything bought with that money. Nonmarital separate property precedes the marriage or comes from gifts or inheritance during marriage.
It can be difficult to figure out which action is most fair when property can’t easily be split in half—such as with houses and cars. Importantly, while community property includes assets like investments and 401(k)s, it also includes liabilities, such as mortgages and student loan debt if acquired during the marriage.
Spousal Support (Alimony) in California
Spousal support, known in some states as alimony or spousal maintenance, is a court order in which one party provides financial support to the other for some amount of time after divorce. It attempts to lessen the financial disparity between spouses often encountered with divorce. This includes cases where one ex-spouse is unable to be financially self-sufficient—at least not right away.
Judges in California base support decisions on a number of factors, including the age, health, needs and earning capacity of each partner. In California, judges also consider contributions of one partner to another for education or career building and any history of domestic violence, among other factors. Temporary spousal support is available in California to address immediate needs after a couple has begun the divorce process.
Divorcing with Children in California
When a couple sharing minor children divorce, child custody and support and important considerations in the divorce.
Child Custody in California
In California, matters of child custody are based on a legally binding parenting plan that determines where the child will live, when they’ll see each parent and who has legal responsibility for decision-making. If both parties agree on a parenting plan, the judge usually approves it, but the judge will order a plan themselves in the event of any disagreement.
In custody decisions, the court considers factors like the parents’ abilities to provide care and the child’s existing ties to home, school and community. There are two types of custody the court may rule on separately:
- Physical custody: Determines who the child lives with most of the time and how the other parent will spend time with the child.
- Legal custody: Who can make important decisions for the child. It’s common for both parents to retain joint legal custody regardless of physical custody. In California, parents typically must attend mediation with family court services before any court order is made.
Child Support in California
Child support is money paid from one parent to another to help cover their child’s living expenses. Each parent is responsible for providing financially for a child and either may ask the judge to issue a child support order. In California, every county has a family law facilitator who helps self-represented parties with child support cases for free. The courts also offer this child support guide for parents.
As with custody, if divorcing spouses can’t agree on the terms of child support, a judge steps in. Like a majority of states, California uses the income share model to determine support, which awards the child the same proportion of parental income as they would receive were the marriage still intact. This California Child Support Guideline Calculator from the state’s child support services can help divorcing parties estimate what might be ordered. Judges consider factors like the income and earning potential of each spouse, how much time each one spends with the child, support of children from other relationships and other expenses each may face.
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Frequently Asked Questions (FAQs)
What’s the difference between spousal support and child support?
Both spousal support and child support represent forms of financial support from one spouse to another, but each is legally distinct and calculated in a different way. Spousal support provides the party of lesser means financial help toward any expenses post-divorce, while child support is only for the costs of raising a child.
Is there a difference between spousal support and ‘alimony’?
Practically speaking, there is no difference between spousal support and alimony. While the term alimony is gender neutral by definition, it was constitutional for states to only permit alimony from husband to wife until about 1980.
Alternate terms for alimony are supported in part because they sidestep any unnecessary correlation with gender, acknowledging realities for marriages where a female spouse is the highest earner and for same-sex marriages. Spousal support is the term used in the text of California family law.
How much does a divorce lawyer cost in California?
Attorney fees are often the biggest cost of divorce proceedings and depend largely on location and how much time a case consumes. The average cost of hiring a divorce lawyer in California ranges between $12,500 and $15,300.
Divorcing spouses in California who hire legal help but have no contested issues face an average cost as low as $4,500, while those who go to trial over several contested issues may spend four to five times that on legal fees.
