California Divorce FAQ — 35 Most Common Questions Answered (2026)

Eligibility and Basics

Can I file for divorce in California without a lawyer? Yes. California allows self-represented (pro se) divorce. It works best for uncontested cases with relatively simple finances. California Courts' self-help center at selfhelp.courts.ca.gov is an excellent free resource.

What are the residency requirements for California divorce? At least one spouse must have lived in California for 6 months and in the filing county for 3 months before filing.

What if I haven't lived in California for 6 months yet? File for legal separation — there's no residency requirement. You can convert it to a divorce once you qualify.

What are grounds for divorce in California? California is no-fault only. The only grounds are irreconcilable differences (used in virtually all cases) and permanent legal incapacity. You cannot file on fault grounds in California.

Can my spouse prevent the divorce? No. California allows one spouse to obtain a divorce regardless of the other's wishes.

What is a Summary Dissolution? A simplified divorce process for short marriages (under 5 years) with no children, minimal assets, and no real property. Faster and involves fewer forms. Eligibility requirements apply — check Form FL-810.

Timeline

How long does a California divorce take? The minimum is 6 months and 1 day from the date your spouse is served. Most uncontested divorces finalize in 7–9 months.

Can the 6-month waiting period be waived? No. It is absolute under California Family Code § 2339. There are no exceptions.

When does the 6-month clock start? From the date your spouse is served with the divorce papers, or from the date your spouse first makes an appearance in the case — whichever comes first. With the new 2026 Joint Petition, the clock starts at filing.

What is the new 2026 Joint Petition? Starting January 1, 2026, both spouses can file together as co-petitioners. One filing fee ($435). Clock starts at filing rather than service. Designed for couples who fully agree before filing.

Filing and Forms

Where do I get California divorce forms? Free at selfhelp.courts.ca.gov. All Judicial Council forms are available there with instructions.

How much does it cost to file for divorce in California? $435–$450 for the petitioner. $435–$450 if the respondent files a response. Joint petition: $435 total. Fee waivers available via Form FW-001.

Do I have to go to court? For uncontested divorces in most counties, no court appearance is required. The judge reviews your documents and mails back the signed Judgment.

Can I e-file in California? Many counties accept e-filing. Check your specific county's court website.

What are the Automatic Temporary Restraining Orders (ATROs)? When FL-110 (Summons) is filed, both spouses are immediately prohibited from transferring assets, canceling insurance, taking children out of state, or making extraordinary expenditures without consent.

Property and Finances

Is California a community property state? Yes. All property and debts acquired during the marriage generally belong equally to both spouses.

Does community property mean everything splits 50/50? Yes — California requires equal division of community property. There is very little judicial discretion to deviate from equal division, unlike equitable distribution states.

What is quasi-community property? Property acquired in another state that would have been community property if acquired in California is treated as community property in a California divorce.

What happens to retirement accounts? Retirement contributions made during the marriage are community property. Dividing employer plans requires a QDRO — a separate court order sent to the plan administrator.

Can we agree to an unequal split? Yes — if both spouses voluntarily agree and document it in your MSA, courts will generally approve it. The 50/50 rule is what happens if you can't agree, not a restriction on voluntary arrangements.

What are the mandatory financial disclosures? Both spouses must exchange Form FL-150 (Income and Expense Declaration) and FL-142 (Schedule of Assets and Debts) within 60 days of filing/responding. Non-compliance can delay your divorce.

Children and Custody

Does California favor one parent over the other in custody? No. California law requires custody decisions based on the best interest of the child without regard to gender.

What is the difference between legal and physical custody? Legal custody: right to make major decisions. Physical custody: where the child lives. Both can be joint or sole.

Is a parenting plan required? Yes. California requires a written parenting plan as part of the final Judgment in any divorce involving minor children.

How is child support calculated in California? California uses a statewide guideline formula based on both parents' net disposable incomes and the percentage of time each parent has the child. Use the official calculator at cse.ca.gov.

Can we agree to zero child support? Courts are reluctant to approve zero child support. Child support is considered a right of the child.

What if my spouse moves to another state with the children? California courts generally retain jurisdiction if the children have lived in California for the last 6 months. Interstate custody is complex — consult an attorney.

The Process

Do both spouses have to appear in court? For most uncontested California divorces, neither spouse needs to appear. The judge processes the paperwork and mails the signed Judgment.

What if my spouse doesn't respond after being served? After the 30-day response deadline passes, file FL-165 (Request to Enter Default). You can then proceed to a default divorce.

Can I change my mind and stop the divorce? Yes, at any time before the Judgment is signed. File a Request for Dismissal (Form CIV-110).

What if my spouse won't sign the MSA? If your spouse contests the divorce, you'll need contested divorce proceedings. Consider mediation first — it's often faster and cheaper than litigation.

After the Divorce

How do I change my name after a California divorce? Your Judgment can include a name restoration order. Take certified copies to the Social Security Administration first, then the California DMV. Update accounts after.

Can I remarry immediately after the divorce is final? Yes. Once the Judgment is final and filed, you are legally single and can remarry.

What if my ex doesn't follow the Judgment? A Judgment is a court order. If your ex violates it, you can file an enforcement motion. California courts can hold non-complying parties in contempt.

Can child support or custody be modified later? Custody and support can be modified upon showing a substantial change in circumstances. Property division in the original Judgment is generally final.

Last reviewed: March 2026 | This FAQ provides general information. Consult a California family law attorney for advice on your specific situation.

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.