Divorce Laws in California
Divorce requirements in California: residency, waiting period, property division, grounds, and filing fees — summarized clearly.
State divorce rules, summarized free — no account needed.California divorce rules at a glance: residency, waiting period, property division, grounds, and filing fees — summarized in plain language.
Key Requirements at a Glance
| Requirement | Rule in California |
|---|---|
| Residency | 6 months state + 3 months county |
| Property system | Community property |
| Waiting period | 6 months |
| Grounds | no-fault (irreconcilable differences) |
| Filing fee | $435–$450 |
Property System in California
California is a community property state: most assets and debts acquired during the marriage are split 50/50. Community property state; strict residency.
Source: California family code, last reviewed 2026. County rules and fees vary — verify with the local court or a family-law attorney.
Frequently Asked Questions
What is the difference between no-fault and fault divorce?
No-fault means neither spouse blames the other (usually "irreconcilable differences"). Fault divorce cites a reason such as adultery or cruelty. Most states now allow no-fault; some still permit fault claims that can affect property or support.
What is the difference between community property and equitable distribution?
In community property states, assets acquired during marriage are split 50/50. In equitable distribution states, the court divides property fairly, which may but need not be an equal split.
How long does a divorce take?
After filing, most states impose a waiting period (often 1–6 months) before the divorce is final. Contested cases with disputes over property or custody take longer.
Does SplitState give legal advice?
No. SplitState is a reference only. County rules and fees vary; confirm with the local court or a licensed family-law attorney before filing.