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California Divorce: Everything You Need To Know

By Even Staff | Edited By Even Staff

Updated On January 26, 2024

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Going through a divorce can be one of the most challenging periods of your life. If you're considering or experiencing a California divorce, it's essential to know the rules and procedures in the state. This comprehensive guide will walk you through the ins and outs of a California divorce to equip you with all the knowledge you need.

In this detailed guide to California divorce, you will learn everything you need to know about:

How Do You File for Divorce in California? 

Starting a divorce proceeding in California begins when a spouse, designated as the petitioner, submits a formal "Petition for Divorce" to the Superior Court in their respective county. This pivotal document formally articulates the petitioner's request to terminate the marital union. After the submission, the other spouse, termed the respondent, is duly served with the divorce documents. Upon receiving these papers, the respondent is mandated to respond within a 30-day window. Failing to do so could lead to potential default judgments, which might not be in their favor. 

It is essential that both parties fully disclose all their assets, liabilities, and property interests during this phase. Such disclosures foster transparency and can expedite the divorce proceedings. Additionally, couples should also consider issues such as child custody, alimony, and division of assets beforehand, which can help in a smoother divorce process, avoiding prolonged court battles.

What are the Residency Requirements to File for Divorce in California?

In California, residency stipulations are clear-cut. To be eligible to initiate a divorce, at least one spouse must have an established residency within California's confines for no less than six successive months preceding the filing. But the criteria don't stop at the state level. The filing spouse should also have lived in the specific county where the divorce is being lodged for a minimum duration of three months. 

It's essential to meet these residency conditions to ensure that the court possesses the requisite jurisdiction over the divorce matter. If a spouse doesn't meet the county's requirement but fulfills the state's, they can file in another county where they meet the criteria. This specification is critical, as filing without meeting the residency stipulations can lead to case dismissals.

What are the Grounds for Divorce in California?

California operates under a "no-fault" divorce paradigm, making the process distinctively different from many other jurisdictions. In a "no-fault" system, neither spouse is legally required to prove that the other has committed any wrongdoing leading to the end of their marriage. 

Instead, the sole ground for divorce in California is "irreconcilable differences" that have caused the irremediable breakdown of the marriage. This effectively means that one spouse's assertion that the couple can no longer get along is sufficient for a divorce. Such a structure is designed to reduce the potential animosity and conflict in the divorce process, making it less adversarial and more focused on resolution.

How to Get a Quick Divorce in California

For couples in California seeking a swift resolution to their marital dissolution, the state offers a "summary" divorce option. This expedited process is available under specific conditions:

  • The marriage duration must be less than five years.
  • Neither spouse can have substantial shared debts or property.
  • Neither spouse is seeking alimony.
  • There are no children born or adopted before or during the marriage, and the wife cannot be pregnant.
  • The couple's total property, excluding vehicles, is worth less than $38,000, and their separate property is worth less than $38,000 each.
  • Both parties must have also reached an agreement regarding debt and property division. A "summary" divorce, due to its inherent criteria, requires less paperwork and fewer formalities, ensuring that eligible couples can finalize their divorce in a shorter time frame.

Does California Require Separation Before Divorce?

In the state of California, couples do not have to go through a formal legal separation before initiating a divorce. There's no mandate to live separately or take any specific preliminary legal steps. However, once the divorce process starts, there is a mandatory six-month waiting period. This time frame starts from the date the respondent (the spouse not filing the divorce) is officially served with the divorce papers. 

After this six-month duration, the divorce can be finalized by the court. It's worth noting that while the divorce might be finalized after six months, the exact time frame for the complete resolution of all issues, like property division or custody arrangements, can vary based on the couple's circumstances and cooperation level.

How Much Does Divorce Cost in California?

Navigating through a divorce in California brings about various costs, with the precise amount depending on multiple factors. A straightforward uncontested divorce will generally be less costly than a contentious one that goes to trial.

  • Filing Fee: The initial filing fee for a divorce in California is approximately $435. However, this amount can vary slightly depending on the county. If you can't afford the filing fee, you might be eligible for a fee waiver.
  • Attorney's Fees: While not mandatory, hiring an attorney is recommended, especially if there are complexities in the case. An attorney's hourly rate can range anywhere from $250 to $650 or more based on their experience, reputation, and geographical location.
  • Mediation Costs: If both parties opt for mediation to resolve disputes, there will be fees associated with hiring a mediator.
  • Other Costs: There might be additional expenses for court-ordered parenting classes, appraisals of property, forensic accountants, child custody evaluations, and more. In totality, while a simple uncontested divorce might cost a few thousand dollars, a contested one with several issues to resolve can escalate to tens of thousands of dollars or more.

How Long Does It Take to Get Divorced in California?

While California law mandates a minimum waiting period of six months from the time the divorce papers are served to when a divorce can be finalized, the overall duration varies. Straightforward cases where both parties are in agreement on all issues can wrap up shortly after this six-month period. However, if there are unresolved issues like property division, child custody, or alimony, it could extend the process. Highly contentious cases that proceed to trial can take a year or even several years to conclude.

How is Community Property Divided in California?

California adheres to the community property model when dividing marital assets and debts during a divorce. Under this model:

  • Assets and Debts: All assets and debts accrued during the marriage are generally considered communal and are thus split equally between the spouses. This includes earnings, properties acquired, and debts incurred.
  • Separate Property: Anything owned by one spouse before the marriage, or received as a gift or inheritance during the marriage, is usually considered separate property and isn't subject to division.
  • Exceptions: There might be certain exceptions based on prenuptial or postnuptial agreements, where spouses have previously agreed on a different division mechanism. It's important to understand that "equal" division doesn't mean every asset is divided. Instead, each spouse receives an equal total value of the assets.

How Does Child Custody Work in California?

Child custody is among the most emotional and intricate aspects of a divorce. In California:

  • Best Interests of the Child: Courts focus primarily on what will be in the child's best interests. This might encompass the child's safety, health, emotional well-being, the nature of parent-child relationships, and more.
  • Joint or Sole Custody: Based on evaluations, the court might award joint custody, where both parents share responsibilities, or sole custody, where one parent has primary responsibility. This applies to both physical custody (where the child lives) and legal custody (decision-making rights about the child's welfare).
  • Mediation: If parents can't agree on custody arrangements, they might be ordered to attend mediation to come to a mutual agreement.
  • Factors Considered: Among the considerations are each parent's living situation, the child's relationship with each parent, any history of abuse or neglect, the child's preference (especially if they are of a certain age or maturity), and more.

Remember that each divorce case is unique, and outcomes can vary based on individual circumstances.

What are the Child Support Guidelines in California?

Child support in California is primarily aimed at ensuring that children receive appropriate financial support from both parents. The guidelines to determine child support involve:

  • Statewide Formula: The formula takes into account various components, including each parent's gross income, certain allowable deductions (like health insurance, union dues, etc.), and the time each parent spends with the child.
  • Additional Factors: Beyond the standard formula, courts can consider other factors like the child's educational needs, any special health or developmental considerations, and other relevant child-rearing expenses.
  • Duration: Typically, child support continues until the child turns 18 (or 19 if they are still in high school and living with a parent). However, there are exceptions, especially if a child has special needs.
  • Modifications: If there are significant changes in a parent's financial situation or the child's needs, either party can request the court to modify the child support amount.

How Does Alimony Work in California?

Alimony, often referred to as spousal support in California, is financial support provided by one spouse to the other after a divorce.

  • Purpose: The primary objective of alimony is to balance any unfair economic impacts caused by a divorce, ensuring that neither party is left at a severe financial disadvantage.
  • Determining Factors: To decide on the amount and duration of spousal support, courts in California consider various aspects like the length of the marriage, each spouse's financial condition, age, health, standard of living during the marriage, and the supporting spouse's ability to pay.
  • Temporary vs. Permanent Support: Temporary support might be granted during the divorce process, while permanent support is determined at the conclusion of the divorce.
  • Duration: For marriages lasting less than ten years, alimony might be granted for half the length of the marriage. For marriages over ten years, the court might not set an end date, but it doesn't mean the support will last indefinitely.
  • Modifications: If there's a significant change in circumstances, like job loss or remarriage, spousal support can be modified or terminated.

California Divorce: Frequently Asked Questions

How do you serve divorce papers in California?

The petitioner can have a third party, like a sheriff or process server, serve the documents to the respondent.

Is online divorce recognized in California?

Yes, online divorce can be a valid process if all the required forms are correctly filled out and properly filed.

Can we avoid going to court for our California divorce?

If both parties agree on all aspects of the divorce, it might not be necessary to attend a court hearing.

Are marital misconduct factors like adultery considered in California divorces?

No, since California is a no-fault state, marital misconduct isn't considered when dividing assets or deciding alimony.

What happens if my spouse doesn't respond to divorce papers in California?

If a response isn't filed within 30 days, the petitioner can request a default judgment.

Do all divorces in California require a lawyer?

No, not all divorces in California require a lawyer. However, it's recommended, especially if there are complex issues involved.

How do I change my name after a divorce in California?

The divorce decree can include a name change order. Otherwise, you'll need to petition the court separately.

Is mediation an option in California divorce cases?

Yes, many couples opt for mediation to resolve disputes before resorting to litigation.

How is debt divided in a California divorce?

Just like assets, debts acquired during the marriage are typically divided equally between spouses.