California Legal Process

Getting a divorce in California can be a complex legal journey, but understanding the steps involved makes the process more manageable. Whether you’re facing an uncontested divorce or dealing with issues like child custody, spousal support, or community property division, this guide walks you through everything you need to know about the divorce legal process in California.

Residency Requirements: Who Can File for Divorce in California?

Before starting any divorce proceedings, California law requires you to meet specific residency requirements:

  • Either spouse must have lived in California for at least 6 months.
  • You must have resided in the filing county for at least 3 months.

If you don’t yet meet these requirements, you can file for legal separation and amend the petition later once eligibility is met.

Step 1: Filing the Divorce Petition

The legal process begins by filing a Petition for Dissolution of Marriage. This is submitted to the county court clerk. You’ll also need to file additional documents like the Summons and Property Declaration.

You must pay a filing fee (typically around $435), but fee waivers are available for individuals who meet certain financial thresholds or receive public benefits.

Step 2: Serving Divorce Papers

After filing, you are legally required to serve divorce papers to your spouse. This can be done by:

  • A third party over age 18
  • A registered process server
  • Sheriff’s department (in some counties)

California law requires a Proof of Service form to be filed to confirm your spouse received the papers.

Step 3: Response from the Other Spouse

Once served, your spouse has 30 days to file a Response. They may:

  • Agree to the divorce terms (uncontested divorce)
  • Disagree, leading to a contested divorce

If your spouse doesn’t respond, the court may proceed with a default judgment, granting you what you asked for in the petition.

Step 4: Financial Disclosures

California divorce law requires full financial transparency from both parties. This step includes:

  • Schedule of Assets and Debts
  • Income and Expense Declaration

Disclosures must include community property, separate property, and any debts acquired during the marriage. These documents are not filed with the court but must be exchanged and acknowledged with a Declaration of Disclosure.

Step 5: Settlement or Court Proceedings

Depending on your case, you can move forward in one of three ways:

1. Summary Dissolution

A simplified process available if:

  • You’ve been married less than 5 years
  • Have no children together
  • Own limited assets and debts
  • Both parties agree to waive spousal support

2. Uncontested Divorce

Both spouses agree on:

  • Division of property and debts
  • Child custody and child support
  • Spousal support (if any)

A written Marital Settlement Agreement is submitted to the court for approval.

3. Contested Divorce

If agreement isn’t possible, the case proceeds to trial, where a judge will decide unresolved issues like:

  • Property division
  • Spousal support
  • Child custody and visitation
  • Child support orders

Legal representation is highly recommended in contested cases, especially those involving domestic violence, significant assets, or complex custody issues.

Step 6: Waiting Period and Final Judgment

California law imposes a mandatory six-month waiting period from the date your spouse was served or responded before a divorce can be finalized.

After the waiting period and completion of all necessary documents, a Judgment of Dissolution of Marriage will be entered by the court. This document legally ends the marriage.

Divorce and Children: Custody, Support, and Visitation

When children are involved, the court prioritizes the best interests of the child. California courts require a parenting plan that includes:

  • Legal custody (decision-making rights)
  • Physical custody (where the child lives)
  • Visitation schedules

Both parents must also complete a child custody mediation session, typically through Family Court Services. Judges use statewide guidelines to calculate child support, taking into account:

  • Each parent’s income
  • Time spent with each parent
  • Childcare and health insurance expenses

Property and Debt Division in California

California is a community property state, meaning all property and debts acquired during the marriage are generally split 50/50 unless otherwise agreed.

Separate property-anything owned before marriage, gifts, or inheritances-is not divided and remains with the original owner.

High-asset divorces may involve property appraisals, business valuations, or retirement plan divisions, requiring specialized legal help.

Spousal Support (Alimony) Considerations

Spousal support—often referred to as alimony—can be temporary or long-term. It is intended to help the lower-earning spouse maintain a similar standard of living after divorce.

Judges consider several factors under California Family Code Section 4320, such as:

  • Length of the marriage
  • Standard of living during the marriage
  • Age and health of each spouse
  • Marketable skills and job history

Temporary support is often calculated using court software, while permanent support is decided at trial or in settlement.

Legal Aid and Self-Help Resources

Not everyone can afford a divorce attorney, but California offers many legal aid resources:

You may qualify for free legal advice or help preparing court forms through these organizations.

FAQS

How long does a divorce take in California?
Do I have to go to court for divorce?
Can I file for divorce without a lawyer?
What if my spouse doesn’t want the divorce?
Can domestic violence affect custody?

Tips for Navigating the Divorce Process Smoothly

  • Keep communication respectful: Especially when children are involved
  • Organize financial documents early: Income, assets, debts, and expenses
  • Use mediation when possible: It’s faster and less costly than trial
  • Know your rights: Read up on California divorce laws
  • Seek support: Emotional, legal, and financial

Divorce as a Legal and Emotional Journey

The divorce legal process in California is structured but emotionally charged. Understanding the steps to file for divorce, what to expect in court proceedings, and how to access legal aid can empower you to move forward confidently.

From filing divorce papers to negotiating child custody and spousal support, each stage comes with its own challenges-  but also opportunities for resolution and healing.