California Divorce Laws (2026): Grounds, Residency, and Process

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.

Members of the military stationed in California and certain same-sex couples who were legally married in California before the federal recognition of same-sex marriage may qualify under slightly different residency rules.

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 and must be divided 50/50 upon divorce (Cal. Fam. Code 760).

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. 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 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.

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Sources

• Cal. Fam. Code 2310 (Grounds for Dissolution)
• Cal. Fam. Code 2320 (Residency Requirement)
• Cal. Fam. Code 2339 (Waiting Period)
• California Courts Self-Help Center: Divorce

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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.