Divorce in General: Understanding the California Process

Quick Answer

California is a 'no-fault' divorce state, meaning you only need to cite 'irreconcilable differences' to end a marriage. The process begins with filing a petition and requires a mandatory six-month waiting period before the marriage can be legally terminated. Key areas that must be resolved include property division, child custody, and financial support.

What You Need to Know

Understanding the big picture of a California divorce helps reduce anxiety. You must meet residency requirements (living in CA for 6 months and the county for 3 months). The process involves four main stages: Filing/Serving, Financial Disclosures, Negotiation/Litigation, and Final Judgment. Whether you are in Long Beach or Huntington Beach, the legal framework remains the same, though local court customs may vary. Many couples find that mediation is a faster, more private alternative to traditional litigation.

Key Points

• 1
  Residency: You must live in California for 6 months and your specific county for 3 months before filing.
• 2
  No-Fault: You do not need to prove your spouse did anything wrong to get a divorce.
• 3
  Mandatory Wait: The absolute minimum time to be 'single' again is 6 months and one day after service.
• 4
  Community Property: Generally, all assets and debts acquired during the marriage are split 50/50.

How This Applies in California

Common Situations

Frequently Asked Questions