Divorce Basics FAQ

To file for divorce in California, at least one spouse must have been a resident of the state for at least six months immediately preceding the filing of the petition. Additionally, that spouse must have lived in the county where the petition is filed for at least three months. These residency requirements are mandatory and cannot be waived. If you recently moved to California, you must wait until you meet these time requirements before filing.

There is an exception for registered domestic partners, who may dissolve their partnership in California even if neither partner meets the residency requirement, provided the partnership was registered in California. The residency requirement serves to establish California's jurisdiction over the divorce case and ensures that California courts have the authority to make binding decisions regarding the dissolution of the marriage. You may be required to provide proof of residency such as a California driver's license, voter registration, or rental agreements.

California is a pure no-fault divorce state, which means you do not need to prove wrongdoing by either spouse to obtain a divorce. Under California Family Code Section 2310, there are only two grounds for divorce: irreconcilable differences that have caused the irremediable breakdown of the marriage, or permanent legal incapacity to make decisions. The vast majority of divorces are granted based on irreconcilable differences.

This no-fault approach means that courts will not consider marital misconduct such as adultery, abuse, or abandonment as grounds for granting the divorce itself. However, such conduct may be relevant to other issues like child custody or spousal support. The no-fault system is designed to reduce conflict and litigation by eliminating the need to assign blame for the marriage's failure. When filing, you simply state that irreconcilable differences exist, and the court will accept this assertion without requiring evidence or detailed explanation of what went wrong in the marriage.

Legal separation and divorce are similar processes with one critical difference: your marital status. In a legal separation, you remain legally married but live separate lives with court orders addressing property division, spousal support, child custody, and child support, just as in a divorce. The key distinction is that after a legal separation judgment, you cannot remarry because you are still legally married.

People choose legal separation for various reasons, including religious beliefs that prohibit divorce, the desire to maintain health insurance benefits that would terminate upon divorce, tax considerations, or uncertainty about whether they want to permanently end the marriage. Legal separation has the same residency requirements as divorce. If you later decide you want a divorce, you can convert the legal separation to a divorce through a simplified process. Conversely, if you reconcile, you can set aside the legal separation judgment. Both processes involve the same court procedures, financial disclosures, and can address all the same issues.

California has a mandatory six-month waiting period from the date the respondent is served with divorce papers until the divorce can be finalized. This waiting period is set by California Family Code Section 2339 and applies to all divorces, regardless of whether the parties agree on all issues. Even if you and your spouse reach a complete settlement on the first day, you must wait at least six months and one day from the date of service before the court can enter a final judgment of dissolution.

In practice, most divorces take longer than six months due to the time needed to complete financial disclosures, negotiate settlement agreements, or litigate disputed issues. Uncontested divorces where parties agree on all terms typically take 6-12 months total. Contested divorces involving disputes over property, support, or custody can take 1-3 years or more, depending on the complexity of the issues and court calendars. The six-month waiting period is designed to provide a cooling-off period and opportunity for reconciliation. During this time, you are still legally married, though the court can make temporary orders.

The divorce process begins when one spouse (the petitioner) files a Petition for Dissolution of Marriage (Form FL-100) with the superior court in their county of residence. Along with the petition, the petitioner must file a Summons (Form FL-110) and may file other initial documents such as a Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act if there are children. After filing, the petitioner must serve the respondent with copies of all filed documents, which can be done through personal service by someone over 18 who is not a party to the case, or through other approved methods.

The respondent then has 30 days to file a Response (Form FL-120). Both parties must exchange preliminary financial disclosures within 60 days of filing. If the case is contested, it may proceed through temporary hearings, discovery, settlement conferences, and potentially trial. If uncontested, parties can submit a settlement agreement addressing all issues. Once all issues are resolved and the six-month waiting period has passed, the court will enter a Judgment of Dissolution. Throughout this process, either party can request temporary orders regarding custody, support, or property use.

Yes, you can represent yourself in a California divorce, which is called appearing in pro per or pro se. Many people successfully complete uncontested divorces without attorneys, particularly when there are no children, limited assets, and both parties agree on all terms. The California courts provide free forms and instructions, and many counties offer self-help centers where court staff can help you complete paperwork (though they cannot provide legal advice).

However, representing yourself has significant risks and limitations. Family law involves complex statutes and procedures, and mistakes can have long-term financial and legal consequences. Issues like property characterization, business valuations, retirement account divisions, tax implications, and spousal support calculations often require specialized knowledge. If your case involves substantial assets, complex property issues, business ownership, contested child custody, domestic violence, or if your spouse has an attorney, hiring your own attorney is strongly advisable. Even in simpler cases, many people choose to hire an attorney for limited scope representation where the lawyer helps with specific tasks.

Summary dissolution is a simplified divorce procedure available under California Family Code Section 2400 for couples who meet specific eligibility requirements. To qualify, both spouses must agree to the divorce and meet all of these criteria: married for five years or less (from date of marriage to date of separation); no children together born before or during the marriage or adopted during the marriage, and the wife is not pregnant; neither spouse owns any interest in real property (except possibly a lease of a residence for less than one year); no unpaid debts incurred during marriage exceed $6,000 (excluding car loans); total community property assets do not exceed $45,000 (excluding cars); neither spouse has separate property assets exceeding $45,000 (excluding cars); the parties have signed an agreement dividing assets and debts; both parties waive rights to spousal support; both parties have read and understand the Summary Dissolution booklet; and both want the court to grant a dissolution.

If you qualify and both agree, you file a joint petition, and the divorce automatically becomes final six months later without a court hearing. This process is faster, cheaper, and simpler than a standard divorce, but relatively few couples meet all the strict eligibility requirements.

If your spouse refuses to sign divorce papers or fails to respond to the petition, you can still obtain a divorce through a default divorce process. In California, divorce does not require both spouses' agreement; only one spouse needs to want the divorce. After you properly serve your spouse with the divorce petition and summons, they have 30 days to file a response. If they fail to respond within this timeframe, you can request entry of their default with the court clerk.

After the default is entered, you can proceed with the divorce by submitting a proposed judgment and other required documents to the court. The non-responding spouse loses their right to participate in decisions about property division, support, and other issues, and the court can grant the divorce based solely on your requests, as long as they are reasonable and comply with California law. However, before the court will enter a default judgment, you must still provide proper notice of your request and prove you served your spouse correctly. Default divorces typically move faster than contested cases since there is no opposition, but you must still complete all financial disclosures and wait the mandatory six-month period.

The date of separation is critically important in California divorce cases because it determines when the community property period ends and separate property begins. Under California Family Code Section 70, the date of separation occurs when either spouse subjectively decides the marriage is over and objectively demonstrates this decision through conduct. This typically means physically separating by moving into different residences, but living separately under the same roof can constitute separation if one spouse clearly communicates the decision to end the marriage and acts in a manner consistent with that decision.

The date of separation affects numerous divorce issues: income and assets acquired after separation are generally separate property rather than community property; debts incurred after separation may be the separate responsibility of the spouse who incurred them; and the duration of marriage for spousal support purposes typically ends at the date of separation. Determining the precise date can be contentious when spouses disagree, as it can significantly impact property division and support obligations. Courts consider evidence such as when spouses stopped sleeping together, when they told others about the separation, financial account changes, and whether they continued to present themselves as a couple.

Automatic Temporary Restraining Orders, or ATROs, are court orders that automatically go into effect when a divorce is filed in California. These orders are printed on the back of the Summons (Form FL-110) and apply to both spouses from the moment the petition is served. Under California Family Code Section 2040, ATROs prevent both parties from: transferring, encumbering, concealing, or disposing of any property without written consent or court order, except in the usual course of business or for necessities of life; borrowing against or canceling insurance policies held for the benefit of either party or children; creating or modifying a non-probate transfer without written consent or court order; or changing beneficiaries on retirement plans or insurance.

Additional ATROs protect children by prohibiting either parent from removing them from California without prior written consent or court order. These orders remain in effect until the divorce is final, the case is dismissed, or the court modifies them. Violating ATROs can result in serious consequences including being held in contempt of court, being required to pay the other party's attorney fees, or even criminal penalties. The purpose of ATROs is to maintain the status quo and prevent either spouse from hiding assets, spending down community property, or absconding with children during the divorce process.