Divorce in California
In California, divorce is a no-fault process—you don't need your spouse's consent or prove wrongdoing. To file, either spouse must have lived in the state for 6 months and in the county for 3 months. You start by submitting divorce papers to the court and paying a filing fee ($435–$450), then legally serve your spouse. Both parties must share financial information and resolve issues like property division, child custody, and support. After a 6-month waiting period and submitting final forms, the divorce can be finalized. You can handle the process yourself or get legal help if needed.
Do I need my spouse's agreement to get a divorce in California?
No. California is a no-fault divorce state, so you can get a divorce even if your spouse doesn't agree or participate.
How long does it take to finalize a divorce in California?
By law, there is a mandatory 6-month waiting period after serving your spouse before the divorce can be finalized.
Can I file for divorce in California if I just moved here?
You must have lived in California for at least 6 months and in your county for 3 months before filing. If not, you may need to wait or consider filing for legal separation first.
Legal Process
Step 1: File Petition & Pay Fee
The divorce process begins when one spouse files a petition with the court and pays the filing fee.
Step 2: Serve Divorce Papers
Submit divorce papers to the court and have them legally served to your spouse.
Step 3: Exchange Financial Info
Exchange financial information and agree on property, custody, and support—or let the court decide.
Step 4: Final Judgment
Wait 6 months, submit final forms, and receive the court's divorce judgment.