California Divorce FAQs

Going through a divorce is never easy, especially on the emotional and legal fronts. California has its own set of rules for these cases that govern everything from property division to custody decisions. Learning about those rules early on can help you feel more in control of the process as it unfolds.

Below are answers to some of the questions our family law attorneys hear most often. While no two divorces are exactly alike, this guide should give you a clearer sense of what to expect and how to prepare.

What Are the Requirements for Filing for Divorce in California?

Before you can file for divorce, you’ll need to meet a few basic eligibility requirements. At least one spouse must have lived in California for a minimum of six months and in the county where the petition is filed for at least three months per Family Code § 2320.

California is a no-fault divorce state. That means you don’t need to prove that your spouse did anything wrong. The only legal ground required is “irreconcilable differences,” which essentially means the marriage has broken down and can’t be repaired. As of 2026, the court filing fee for a divorce petition is $435, though fee waivers are available for those who qualify.

How Long Does a California Divorce Take?

At a minimum, a divorce in California takes six months. This is because the state imposes a mandatory waiting period that begins when the other spouse is formally served with the divorce petition per Family Code § 2339. No matter how quickly you reach an agreement, the court will not finalize the divorce before that window closes.

In practice, however, most divorces take longer than six months. Contested cases involving issues like child custody can stretch out for a year or more, depending on how complex the issues are. Uncontested divorces in which both spouses agree on all major terms tend to wrap up much more quickly once the waiting period expires.

Note as well that as of January 1, 2026, California now allows couples to file a joint petition for summary dissolution. This eliminates the need for formal service and can simplify the early stages of the process if applicable.

How Is Property Divided in a California Divorce?

California is one of a handful of states that follows community property rules for property division. Under Family Code § 760, most assets and debts acquired during the marriage are considered community property and must be divided equally between both spouses.

The types of property that are typically classified as community property include things like:

• Income earned by either spouse during the marriage
• Real estate purchased with marital funds
• Retirement accounts and pensions accumulated during the marriage
• Vehicles, furniture, and other personal property acquired together
• Debts taken on during the marriage, including credit cards and loans

Separate property, on the other hand, belongs solely to the spouse who owns it. This generally includes:

• Assets owned before the marriage
• Gifts and inheritances received by one spouse
• Earnings and property acquired after the date of separation

The date of separation is a critical detail in any California divorce because it determines when earnings and debts stop being classified as community property. Disputes over that date are more common than you might expect.

How Is Child Custody Determined?

California courts make child custody decisions based on what they believe is in the best interests of the child. There is no automatic preference for one parent over the other. 

Judges consider a range of factors when making these decisions, including:

• The child’s health, safety, and overall welfare
• Each parent’s relationship with the child
• The child’s ties to their school, home, and community
• Any history of domestic violence or substance abuse
• The ability of each parent to encourage a healthy relationship with the other parent

California recognizes both legal custody, which involves decision-making authority over matters such as education and medical care, and physical custody, which refers to where the child actually lives. Either type can be awarded jointly or solely, depending on the circumstances.

How Is Support Handled in a California Divorce?

Child support in California is calculated using a statewide guideline formula. The formula takes into account each parent’s income and the amount of time each parent spends with the child, among other factors. The guideline amount is presumed to be correct, and judges are generally expected to follow it.

Spousal support is handled differently, as there is no single formula that governs it. Instead, the court looks at a long list of factors, including the length of the marriage, each spouse’s earning capacity, the standard of living during the marriage, and whether one spouse supported the other’s education and career. 

Schedule a Consultation With Our Rancho Cucamonga Divorce Lawyers

If you have further questions about the divorce process in California, the most productive step you can take is to schedule a consultation with an experienced Rancho Cucamonga divorce attorney. 

At All American Law, we have decades of experience helping clients in the area with important family law matters like these. Reach out to us today at 909-944-8880 to get started with your case and for more information about what you should do next.