California
California Divorce Laws (2026): Grounds, Residency, and Process
Independently fact-checked against primary sources (last audited August 18, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 18, 2026. · 4 primary sources cited on this page. How we verify our legal content
To get a divorce in California, one spouse must allege irreconcilable differences causing an irremediable breakdown of the marriage. At least one party must have lived in California for six months and in the filing county for three months. No separation period is required before filing, but a mandatory 6-month waiting period applies before the judgment becomes final.
Grounds for divorce in California
California has been a pure no-fault divorce state since 1969, the first in the nation to adopt no-fault divorce. Under Cal. Fam. Code 2310, the only grounds for dissolution of marriage are: (1) irreconcilable differences that have caused the irremediable breakdown of the marriage, or (2) permanent legal incapacity to make decisions.
Irreconcilable differences is the standard ground used in virtually all California divorces. Neither spouse needs to prove the other did anything wrong. If one spouse believes the differences are irreconcilable, that is legally sufficient. The other spouse cannot block a divorce by refusing to agree.
California does not offer fault-based divorce. There is no adultery, cruelty, or desertion ground. This means that a spouse's misconduct (cheating, abuse, abandonment) cannot be used as a legal ground for divorce, though it may still be relevant in certain property disputes or custody matters.
Residency requirement
To file for divorce in California, at least one spouse must have been a resident of the state of California for at least six months immediately before filing, AND a resident of the county where you are filing for at least three months (Cal. Fam. Code 2320).
If you do not yet meet the county residency requirement, you may file a petition for legal separation first and later convert it to a divorce once the residency requirement is satisfied. Divorce cases in California are heard in the Superior Court of the county where the filing requirements are met.
There is one statutory exception to the residency rule. Under Cal. Fam. Code 2320(b), a couple in a same-sex marriage may obtain a dissolution, nullity, or legal separation in California even if neither spouse lives in the state, so long as two conditions are met: the marriage was entered in California, and neither spouse resides in a jurisdiction that will dissolve the marriage. If a spouse's home jurisdiction does not recognize the marriage, the law presumes that jurisdiction will not dissolve it. In that situation, the proper court is the superior court in the county where the marriage was entered.
Waiting period and separation
These two concepts are frequently confused in California, so it is important to understand them separately.
The waiting period in California is 6 months (180 days) from the date the respondent spouse is served with the divorce papers, or from the date the respondent first appears in the case (Cal. Fam. Code 2339). The final judgment of dissolution cannot become effective before that 6-month period has passed. This is a mandatory cooling-off period built into the law and cannot be waived by agreement of the parties.
There is no separation requirement in California. You do not need to physically live apart from your spouse before filing, and you do not need to wait any period of separation before the court will consider your case. Spouses may continue to live in the same home while the divorce is pending.
Because of the 6-month waiting period, an uncontested California divorce typically takes at least 6 months from the date of service, even if both spouses fully agree on all terms. Contested cases involving property disputes, custody battles, or other disagreements routinely take a year or longer.
How property is divided
California is one of nine community property states in the United States. Under community property rules, assets and debts acquired by either spouse during the marriage are generally owned equally by both spouses (Cal. Fam. Code 760). In a dissolution proceeding, the court must divide the community estate equally unless the spouses agree otherwise in writing or by oral stipulation in open court (Cal. Fam. Code 2550).
Separate property, meaning assets owned by one spouse before the marriage or received as a gift or inheritance during the marriage, remains that spouse's individual property and is not subject to division. However, commingling separate property with marital funds can convert it into community property.
Common examples of community property include income earned during the marriage, real estate purchased during the marriage with marital funds, retirement benefits accrued during the marriage, and debts incurred by either spouse during the marriage. California courts apply the community property rule strictly: the starting point is an equal 50/50 split of all marital assets and debts.
Equitable distribution states, by contrast, divide property "fairly" but not necessarily equally. California does not use equitable distribution. If you and your spouse cannot agree on how to divide your assets, the court will divide community property equally.
Alimony, custody, and child support
Divorce proceedings in California often include decisions about spousal support (alimony), child custody, and child support. These issues are addressed in the same Superior Court proceeding, though each follows its own legal standards.
Spousal support in California is based on a variety of factors including the length of the marriage, the standard of living during the marriage, each spouse's earning capacity, and contributions to the other's education or career. For marriages of long duration (generally 10+ years), courts may award indefinite support. For shorter marriages, support is typically temporary. See our California alimony laws page for a full breakdown.
Child custody and visitation in California follow the best interests of the child standard, with courts preferring arrangements that allow both parents to remain involved in the child's life. Child support is calculated using California's income-sharing formula. Estimate your payment with our California child support calculator. Visit our California child custody laws and California child support laws pages for more detail.
How to file for divorce in California
Filing for divorce in California involves several steps, though the process differs depending on whether the divorce is uncontested (both spouses agree) or contested.
First, confirm you meet the residency requirement: six months in California and three months in your county. Then complete the petition for dissolution of marriage (Form FL-100) and, if applicable, the summons (FL-110). File these forms at the Superior Court in your county and pay the filing fee, which varies by county but is generally in the range of $400 to $450. A fee waiver is available if you cannot afford it.
Next, serve your spouse. Your spouse must be formally served with the divorce papers by a process server or another adult (not you). Once served, your spouse has 30 days to respond. You must also complete a preliminary declaration of disclosure (FL-140 and related forms), which requires both spouses to exchange information about their income, expenses, assets, and debts. If you are the spouse who was served, get a free case evaluation from a California family lawyer on your response within those 30 days (attorney advertising).
If you and your spouse reach a complete agreement on all issues (property, support, custody), you can submit a marital settlement agreement and request a judgment by default or stipulation. If there are contested issues, the case proceeds to mediation, settlement conferences, or trial before a judge. After the 6-month waiting period has passed and all issues are resolved, the court enters the judgment of dissolution, and your marriage is legally ended.
This article is general legal information, not legal advice. Divorce law varies by state and depends on the specific facts of your marriage. For advice about your situation, consult a licensed family-law attorney in California.
For a broader overview, visit the Divorce Laws by State hub. For related California topics, see California alimony laws, California child custody laws, and California child support laws.
More California Laws
- California Alimony Laws
- California Child Custody Laws
- California Child Support Laws
- California Common Law Marriage Laws
- California Restraining Order Laws
- California Unclaimed Property
Frequently Asked Questions
How long does it take to get a divorce in California?
California has a mandatory 6-month waiting period from the date of service before a divorce can be finalized. Uncontested divorces where both spouses agree on everything typically take 6 to 9 months. Contested divorces involving property disputes or custody fights can take 1 to 3 years or more.
How much does a divorce cost in California?
The court filing fee in California is typically $400 to $450, though it varies by county. If you cannot afford it, you can apply for a fee waiver. Attorney fees vary widely: uncontested divorces with flat-fee attorneys may cost $1,500 to $5,000, while contested divorces with ongoing legal battles can cost $15,000 to $50,000 or more.
Do I need a reason to divorce in California?
No. California is a pure no-fault divorce state. You only need to state that you have irreconcilable differences with your spouse. You do not need to prove fault, misconduct, or any specific reason, and your spouse cannot legally prevent the divorce by disagreeing.
Is California a community property state?
Yes. California is one of only nine community property states. This means that most assets and debts acquired during the marriage are owned equally by both spouses and are divided 50/50 in a divorce. Property owned before marriage or received as a gift or inheritance is generally separate property.
How long do I have to be separated to get a divorce in California?
There is no separation requirement in California. You do not need to live apart from your spouse before filing for divorce. However, there is a mandatory 6-month waiting period from the date your spouse is served before the divorce judgment can become final.
Can I get divorced without my spouse agreeing in California?
Yes. Because California is a no-fault state, one spouse cannot block a divorce. If your spouse refuses to respond, the court can grant a default divorce. If your spouse contests property or custody issues but not the divorce itself, the court will still grant the dissolution and resolve the disputed issues at trial.
Do I have to live in California to file for divorce there?
Usually yes. At least one spouse must have lived in California for at least 6 months and in the filing county for at least 3 months before filing. If you do not meet this requirement, you may file for legal separation first and convert it to a divorce once you satisfy the residency requirement. One narrow exception applies under Cal. Fam. Code 2320(b): a same-sex couple who married in California may file here even if neither spouse lives in California, if neither spouse resides in a jurisdiction that will dissolve the marriage.
Updates
Corrected the statute cited for California's equal division of community property (Fam. Code 2550, not 760), replaced an inaccurate limit on the non-resident dissolution route for same-sex couples with the conditions Fam. Code 2320(b) actually sets, and fixed a mislabeled link to the California child support laws page.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
California Family Code
§ 2310In forcecited in 3 of our articles
Dissolution of the marriage or legal separation of the parties may be based on either of the following grounds, which shall be pleaded generally: (a) Irreconcilable differences, which have caused the irremediable breakdown of the marriage. (b) Permanent legal incapacity to make decisions.
Official text (excerpt) · last checked 2026-09-05 · Read the full text in our law library · Verify at leginfo.legislature.ca.gov
Cited in 6 court opinions in our collectionLatest citing opinion in our collection: 2020
Opinions citing this section in our collection:
- Diosdado v. Diosdado (California Court of Appeal 2002, 118 Cal. Rptr. 2d 494)“…In 1969, California enacted Civil Code section 4506 (now Fam. Code, § 2310), providing for dissolution of marriage…”
- In Re Marriage of Mallory (California Court of Appeal 1997, 55 Cal. App. 4th 1165)“…able differences” (former Civ. Code, § 4506, subd. (1), now Fam. Code, § 2310). Nevertheless, the property issues wer…”
- L.G. v. M.B. (California Court of Appeal, 5th District 2018, 235 Cal. Rptr. 3d 494)“…nces" or "[p]ermanent legal incapacity to make decisions." (Fam. Code, § 2310.) The grounds for dissolution must be "…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Divorce Laws by State (2026): Grounds, Residency, and Property, Legal Separation in California: Grounds, Residency and Effects (2026)
§ 2320In forcecited in 2 of our articles
(a) Except as provided in subdivision (b), a judgment of dissolution of marriage may not be entered unless one of the parties to the marriage has been a resident of this state for six months and of the county in which the proceeding is filed for three months next preceding the filing of the petition. (b) (1) A judgment for dissolution, nullity, or legal separation of a marriage between persons of the same sex may be entered, even if neither spouse is a resident of, or maintains a domicile in, this state at the time the proceedings are filed, if the following apply: (A) The marriage was entered in California. (B) Neither party to the marriage resides in a jurisdiction that will dissolve the marriage. If the jurisdiction does not recognize the marriage, there shall be a rebuttable presumption that the jurisdiction will not dissolve the marriage. (2) For the purposes of this subdivision, the superior court in the county where the marriage was entered shall be the proper court for the proceeding. The dissolution, nullity, or legal separation shall be adjudicated in accordance with California law.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leginfo.legislature.ca.gov
Cited in 10 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Obrecht v. Obrecht (California Court of Appeal 2016, 245 Cal. App. 4th 1)“…102 Cal.App.4th 218, 225.) This requirement is expressed in Family Code section 2320, subdivision (a), which 7…”
- Marriage of Patel (California Court of Appeal 2025)“…e months immediately preceding the filing of the petition. (Fam. Code, § 2320, subd. (a).) In contrast, there is no r…”
- Marriage of J.B. and C.B. CA3 (California Court of Appeal 2026)“…tion because “neither party resides in the County of Yuba.” Family Code section 2320, subdivision (a) provides that “[e]xcep…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 2339In forcecited in 2 of our articles
(a) Subject to subdivision (b) and to Sections 2340 to 2344, inclusive, no judgment of dissolution is final for the purpose of terminating the marriage relationship of the parties until six months have expired from the date of service of a copy of summons and petition or the date of appearance of the respondent, whichever occurs first. (b) The court may extend the six-month period described in subdivision (a) for good cause shown.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leginfo.legislature.ca.gov
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 2008
Opinions citing this section in our collection:
- McDaniel v. McDaniel (California Court of Appeal 2008, 161 Cal. App. 4th 458)“…he extent that Marie relies for relief on the provisions of Family Code section 2339, we must reject that argument also. Tha…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: AB 1875 Would Let Courts Waive California's 6-Month Divorce Wait
§ 2550In force
Except upon the written agreement of the parties, or on oral stipulation of the parties in open court, or as otherwise provided in this division, in a proceeding for dissolution of marriage or for legal separation of the parties, the court shall, either in its judgment of dissolution of the marriage, in its judgment of legal separation of the parties, or at a later time if it expressly reserves jurisdiction to make such a property division, divide the community estate of the parties equally.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leginfo.legislature.ca.gov
Cited in 91 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- In Re Marriage of Dellaria & Blickman-Dellaria (California Court of Appeal 2009, 172 Cal. App. 4th 196)“…with their oral agreement. He points out that, according to Family Code section 2550, the court was statutorily mandated to…”
- In re Marriage of Moore (California Court of Appeal 2014, 226 Cal. App. 4th 92)“…nitely. (See Bergman, supra, 168 Cal.App.3d at p. 755.) But Family Code section 2550 “expressly empowers the trial court to…”
- Woolsey v. Woolsey (California Court of Appeal 2013, 220 Cal. App. 4th 881)“…1 requirements -- which are in addition to procedures in Family Code section 2550, Code of Civil Procedure section 664.6…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 760In force
Except as otherwise provided by statute, all property, real or personal, wherever situated, acquired by a married person during the marriage while domiciled in this state is community property.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leginfo.legislature.ca.gov
Cited in 186 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Burch v. George (California Supreme Court 1994, 7 Cal. 4th 246)“…community property and not Frank's separate property. Under Family Code section 760, all property acquired by a married per…”
- In Re Marriage of Haines (California Court of Appeal 1995, 33 Cal. App. 4th 277)“…o a separate property source. (See former Civ. Code, §5110 [Fam. Code, § 760]. 7 ) This is a rebuttable…”
- Marr. of Valli (California Supreme Court 2014, 58 Cal. 4th 1396)“…erty acquired during a marriage is community or separate? Family Code section 760 provides: “Except as otherwise provided…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
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Sources and References
- Cal. Fam. Code 2310 - Grounds for Dissolution of Marriage(leginfo.legislature.ca.gov).gov
- Cal. Fam. Code 2320 - Residency Requirement(leginfo.legislature.ca.gov).gov
- Cal. Fam. Code 2339 - Waiting Period (180 days)(leginfo.legislature.ca.gov).gov
- California Courts Self-Help Center: Divorce(courts.ca.gov).gov
- Cal. Fam. Code 2550 - Equal Division of the Community Estate(leginfo.legislature.ca.gov)
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