Divorce FAQs
California has a minimum six-month waiting period before a divorce is finalized. Usually, contested divorces take longer to resolve than uncontested divorces.
To start the divorce process, you or your spouse must meet California's residency requirements. One spouse must have lived in California for at least six months and in the county where the divorce is filed for at least three months.
The petitioning spouse files the necessary forms and serves the other spouse, who then has an opportunity to respond. After court fees are paid, the mandatory six-month waiting period begins.
If you and your spouse continue living together during divorce proceedings, establish clear physical and emotional boundaries, respect each other's privacy, and communicate effectively about daily responsibilities.
It is also wise to seek legal guidance regarding how cohabitation after separation may affect property division and spousal support.
Separated spouses are still legally married in California. While California is a no-fault divorce state and dating generally does not affect the divorce itself, certain actions may influence financial matters.
For example, spending marital funds on a new relationship could impact property division decisions.
California is a no-fault divorce state, meaning neither spouse must prove wrongdoing to obtain a divorce.
Filing first generally does not provide a significant legal advantage and does not affect child custody, support, or property division outcomes.
The court filing fee for a divorce in California is approximately $435. However, the total cost of divorce can vary significantly depending on the complexity of the case.
Cases involving children, substantial assets, or litigation often result in higher legal expenses.
One of the most important steps is determining and documenting the date of separation.
You should also make living arrangements, protect your finances, close unnecessary joint accounts, and organize important financial records.
California has one of the lowest divorce rates in the United States, with an estimated divorce rate of approximately 9%.
Experts attribute this to changing marriage patterns, later marriages, and evolving social trends.
