California Divorce Overview (2026)
California divorce (technically called "dissolution of marriage") is governed by the California Family Code. California is a pure no-fault state and a community property state — two features that fundamentally shape how divorces are handled. The state requires a 6-month waiting period before any divorce can be finalized.
Residency Requirements
- At least one spouse must have been a California resident for 6 months before filing
- Must have lived in the county where you're filing for at least 3 months
- If you don't yet meet residency requirements, you may file for legal separation first, then convert to divorce once requirements are met
Community Property in California Divorce
California Family Code §760 establishes that all property acquired during the marriage by either spouse is presumed to be community property, owned equally by both and subject to equal division:
What is community property?
- All wages and salaries earned by either spouse during the marriage
- Real estate purchased during the marriage with marital funds
- Retirement account contributions made during the marriage (including 401(k), pension, IRA)
- Business interests built or grown during the marriage
- Debts incurred during the marriage (both spouses are equally responsible)
- Bank accounts, investment accounts, vehicles acquired during the marriage
What is separate property?
- Assets owned before marriage
- Gifts or inheritances received during the marriage (kept separate from community funds)
- Proceeds from personal injury lawsuits for pain and suffering (economic damages may be community)
- Property excluded by a valid prenuptial or postnuptial agreement
Commingling warning: If separate property is mixed with community property — e.g., depositing an inheritance into a joint checking account, or using separate funds to pay down a community mortgage — it may become community property. Careful documentation and tracing of separate property is essential if you wish to protect it in a California divorce.
Spousal Support (Alimony) in California
California courts award two types of spousal support:
Temporary support (pendente lite)
- Calculated by a formula used by most California counties (typically a percentage of the higher earner's income minus a percentage of the lower earner's income)
- Intended to maintain the status quo during proceedings
- Requested through an Order to Show Cause (OSC) soon after filing
Permanent spousal support (post-judgment)
Courts consider 14 factors under Family Code §4320, including:
- Length of the marriage (most important factor)
- Standard of living established during the marriage
- Each spouse's income, earning capacity, and ability to become self-supporting
- One spouse's contribution to the other's career or education
- Age, health, and obligations of each spouse
- Documented history of domestic violence
Duration guidelines
- Marriage under 10 years: Support generally awarded for approximately half the length of the marriage
- Marriage 10 years or longer: "Long-term marriage" — court retains jurisdiction over support indefinitely; support may continue until recipient remarries, either spouse dies, or court modifies it
Child Custody and Child Support
- California courts apply the "best interests of the child" standard (Family Code §3011)
- Joint legal custody (shared decision-making) is the default preference; physical custody arrangements vary
- Child support calculated using California's statewide guideline formula (DissoMaster software) — primarily based on each parent's net income and time-share percentage
- Child support orders are modifiable upon a showing of changed circumstances
Summary Dissolution (Simplified Process)
Couples may qualify for California's simplified Summary Dissolution (FL-800) if:
- Married less than 5 years
- No children born/adopted during the marriage
- Total community property value under $47,000 (excluding vehicles)
- Total community debt under $6,000 (excluding car loans)
- Neither spouse owns real estate
- Neither spouse seeks spousal support
- Both spouses agree to all terms
California Divorce Process — Step by Step
- File Petition (FL-100) and Summons (FL-110) in your county Superior Court — filing fee: ~$435
- Serve the respondent — personal service by a process server or sheriff
- Respondent has 30 days to file a Response (FL-120)
- Both parties exchange mandatory financial disclosures (FL-140, FL-150, FL-160)
- Negotiate settlement or proceed to trial
- Enter Judgment of Dissolution (FL-180) — cannot be entered until 6 months after service
Legal information, not legal advice. This guide provides general information about the law as it typically applies. It does not constitute legal advice, create an attorney-client relationship, or substitute for consultation with a licensed attorney. Laws vary by state and change frequently. May contain AI-generated content. We make no warranty as to the accuracy, completeness, or currency of this information. Do not rely solely on this guide for decisions about your legal situation — consult a licensed attorney in your jurisdiction.