Divorce FAQs

California has a minimum six-month waiting period before divorce is finalized. Usually, contested divorces take longer to resolve than uncontested divorces.

To start the divorce process, you or your ex-spouse must meet California's residency requirements, which state that one of the spouses must be residing in California for at least six months and in the County where divorce is filed for at least 3 months. The petitioning spouse must fill out forms and send summons to the other party, who has to file a response. After paying court fees, both parties must wait six months before the divorce is finalized.

If you and your spouse are living together during a divorce, try to maintain a separate life from each other as much as possible. You can set physical and emotional boundaries, respect each other's privacy, communicate on managing daily affairs, and avoid involving children. You should also seek legal counsel to know how living together after separation can affect property division and alimony.

Separated couples are still considered legally married in California, so if you date during separation, it will be considered adultery. California is a no-fault state, which means marital misconduct will not affect the terms of your divorce. However, it may have unintended consequences in your divorce. For instance, if the court thinks you acted financially irresponsible or spent money on a new partner, it may affect how assets are divided between you and your ex-spouse.

California is a no-fault state, which means the petitioning spouse doesn't need to prove marital misconduct or any other reason for divorce, other than 'irreconcilable differences'. There are no advantages to being a petitioner, and any fault established won't affect child custody, child support, spousal support, or asset division. 

Divorcing in California can be expensive. The court fee for filing divorce is $435, but the overall cost of divorce may range between $20,000 to $80,000, depending on factors like whether the spouses have children or complex assets. To lessen the cost, you may negotiate a settlement on some issues with your ex-spouse.

The most important thing for couples who are separating is to agree on a date of separation. The date of separation will determine the time limit for a divorce application or a property dispute claim. Additionally, you should take steps to make living accommodations for yourself and your children and try to keep your assets separate, such as closing joint accounts, canceling mortgage redraw facilities, severing joint tenancies, etc.

California has the lowest divorce rate in the country at 9%. This may be due to dropping marriage rates, people waiting longer to get married, and legal changes.