California Divorce Process

If you’re considering a divorce in California, understanding how the process works can help you feel more prepared for what’s ahead. Although every case is unique, most will go through a series of steps that are worth knowing about before you get started.

California is a no-fault divorce state, which means you don’t have to prove that your spouse did anything wrong to end the marriage. Read on for a closer look at how the California divorce process works from start to finish.

Residency Requirements

Before you can file for divorce in California, you need to meet the state’s residency requirements under Family Code § 2320. At least one spouse must have lived in the state for a minimum of six months and in the county where you plan to file for at least three months.

If you haven’t met these requirements yet, however, know that you may still have options. You can file for a legal separation instead, which has no residency waiting period. From there, you can amend your petition to request a full divorce once the residency threshold is met.

Filing the Petition

The divorce process officially begins when one spouse files a Petition for Dissolution of Marriage with the Superior Court in their county. The filing fee is typically several hundred dollars, though fee waivers may be available for those who qualify.

Once the petition is filed, the other spouse must be formally served with the paperwork. The responding spouse then has 30 days to file a response. If they don’t respond within that window, the court may proceed with a default divorce, in which the terms set out in the original petition are accepted without dispute.

California also offers a new joint petition option for 2026 under SB 1427. This allows both spouses to file together using Form FL-700, which eliminates the separate service step entirely. For couples who are already on the same page, this can simplify the early stages of the process and start the mandatory waiting period sooner.

The Mandatory Waiting Period

California law requires a six-month waiting period before a divorce can be finalized. This period is set by Family Code § 2339 and begins on the date the respondent is served with the petition, or on the date of filing if the couple uses the new joint petition process.

No matter how quickly you and your spouse come to an agreement on everything, the divorce cannot be completed in less than six months. The waiting period is built into the law and cannot be waived by either party or by the court.

Contested vs. Uncontested Divorce

One of the biggest factors in how long your divorce will take is whether it’s contested or uncontested.

An uncontested divorce is one where both spouses agree on all of the major issues, including property division, spousal support, and child custody if applicable. These cases can often be resolved relatively quickly once the six-month waiting period has passed.

A contested divorce involves at least one issue that the spouses can’t agree on. When that happens, the case may require negotiation, mediation, or ultimately a trial to resolve. Contested divorces can take anywhere from one to three years or even longer, depending on how complex the issues are.

Key Issues That May Need to Be Resolved

Depending on the circumstances of your marriage, your divorce may involve some or all of the following:

Property Division

California is a community property state for property division. That means assets and debts acquired during the marriage are generally split equally between the spouses. 

This can include income, real estate, retirement accounts, vehicles, and outstanding loans. Separate property, such as assets owned before the marriage or received as gifts or inheritances, is usually not subject to division.

Spousal Support

The court may order one spouse to pay spousal support, also known as alimony, to the other. The amount and duration depend on a range of factors, including how long the marriage lasted, each spouse’s earning capacity, and the standard of living during the marriage.

Child Custody

If the couple has minor children, custody is one of the most important issues to address. California recognizes both physical custody, which determines where the child lives, and legal custody, which covers decision-making authority over things like education and healthcare.

Child Support

Child support in California is calculated using a statewide guideline formula that takes into account each parent’s income, the amount of time each parent spends with the child, and other relevant factors. The court has limited discretion to deviate from the guideline amount.

Alternative Dispute Resolution

Not every divorce has to be resolved in a courtroom. California encourages alternative dispute resolution methods, such as mediation, to help couples work through their disagreements without going to trial. Mediation can save significant time and money and give both parties more control over the outcome.

Contact the Rancho Cucamonga Divorce Attorneys at All American Law for a Free Consultation

Going through a divorce is rarely easy, but learning about how the process works in California can help you feel more in control as you move forward. With the right legal help, you can make it through this difficult time with confidence. 

For more information about what you should do next to protect your rights, All American Law can explain your legal options. Contact us today schedule an initial consultation with an experienced Rancho Cucamonga divorce lawyer.