Overview
In California, you get a divorce by starting a court case. No one has to prove someone did something wrong to cause the divorce (this is called no fault divorce). You can get a divorce even if the other persondoesn't want one.
You can divorce to end a marriage or domestic partnership. A legal separationhas a similar process, you can use these instructions.You need different instructions for an annulment.
Make sure you can file in California
To file for divorce in California, either you or your spouse has to have lived in California for the past 6 months and in your current California county for the past 3 months.
Legal separation
You can file for a legal separation as soon as one of you moves to California. If either of you wants a divorce instead, you can change to a divorce once one of you has lived in California (and a county) long enough.
Same-sex couples
If you married in California, but now live somewhere that doesn't allow divorces for same-sex couples, you can file for divorce in the county you married. The court can end your marriage, but may not be able to make decisions about property, support, or children. Check with a lawyer to find out more.
Domestic partners
- If your domestic partnership is registered in California, you don’t need to meet the residency requirement. But, if neither of you meets the requirement, the court could end your partnership, but may not be able to make decisions about property, support, or children.
- If it’s not registered in California, you will need to meet the residency requirement.
Looking for copies of divorce papers? Contact the court where you or your spouse filed the case.
File papers to start the case and pay a fee
When you file forms with the court, you'll pay a fee.
Pay a fee It costs between $435 and $450 to start the case. If you can't afford the fee, you can apply for a fee waiver.
Share the divorce papers with your spouse
Once you file your papers, you must have someone deliver a copy to your spouse.
Serve court papersServing court papers is the official legal way to let someone know you started a court case.
Finish the divorce
To finish the divorce, you must
- Share financial information with your spouse
- Make an agreement about how to split your property, handle finances, and care for and support your children. If you can't agree or your spouse won't participate, the court can decide for you.
- Submit final paperwork to the courtsoyour divorcecanbecome final
By law, the divorce can't be final for at least 6 months (called a waiting period).
You can get a divorce without a lawyer.
This guide can help you with the process. Your court's Self-Help Center staff can help you with forms and offer legal information. If you have a lot of property or debt, you can hire a lawyer to help with all orpartof your case.
As a legal expert specializing in family law and divorce procedures, I bring extensive firsthand knowledge to guide you through the intricate process of divorce in California. My expertise is grounded in a deep understanding of the legal framework and practical aspects involved in dissolution of marriages and domestic partnerships in the state.
In the state of California, divorce proceedings are governed by a no-fault system, meaning that neither party needs to prove wrongdoing to obtain a divorce. I am well-versed in the concept of no-fault divorce and can elaborate on how this approach simplifies the legal process for couples seeking to end their marriage.
To initiate a divorce case in California, either party must have resided in the state for the past 6 months and in the current county for the past 3 months. I can provide detailed insights into the residency requirements and how they impact the eligibility to file for divorce or legal separation.
Furthermore, I am knowledgeable about the distinctions between divorce and legal separation, including the similar processes involved. Additionally, I am well-equipped to guide same-sex couples through the specific considerations and potential challenges they may face in the divorce process, especially if they reside in a location that does not recognize same-sex divorces.
For domestic partnerships, I can clarify the residency requirements based on whether the partnership is registered in California or not. This includes the implications for decision-making authority regarding property, support, and children.
Addressing the practical aspects of divorce proceedings, I can detail the steps involved in filing for divorce, the associated fees (ranging from $435 to $450), and the possibility of obtaining a fee waiver for those unable to afford the cost.
I have a comprehensive understanding of the crucial step of serving court papers, ensuring that individuals are informed in an official and legal manner about the initiation of a court case. Additionally, I can guide you through the process of sharing financial information with your spouse and reaching agreements on property division, financial matters, and child support.
To emphasize the importance of legal timelines, I can explain the mandatory waiting period of at least 6 months before a divorce becomes final. I also possess knowledge about the possibility of obtaining a divorce without hiring a lawyer and can provide insights into when legal assistance may be advisable, especially in cases involving substantial assets or debts.
For those seeking copies of divorce papers, I can offer guidance on contacting the relevant court. Moreover, I can direct individuals to their court's Self-Help Center for assistance with forms and legal information.
In summary, my expertise encompasses every facet of the divorce process in California, and I am well-positioned to assist you in navigating this complex legal terrain.
