Divorce in California
Know the key facts of divorce in California.
What are the grounds for divorce in California?
California is a purely "no-fault" divorce state, meaning that you can't allege that your spouse's wrongdoing was the cause of the divorce. Instead, most divorces are based on the grounds that the parties have irreconcilable differences that have led to the breakdown of the marriage. However, fault may be considered by the court as a factor in dividing property or awarding alimony. To learn more about whether California uses fault as a determining factor in alimony and property issues, see Nolo's Essential Guide to Divorce, by Emily Doskow.
What is the residency requirement for divorce in California?
At least one spouse must be a resident of California for 6 months or 180 days before filing for divorce.
How is property divided at divorce in California?
California is a community property state. This means that any income earned by either spouse during the marriage, and all property bought with those earnings, are considered marital property that is owned equally by each spouse or partner. At divorce, the property is divided equally between the spouses or partners.
What are the rules about child custody in California?
Like all states, California courts begin with a presumption that it's best for a child to have frequent and continuing contact with both parents after a divorce. If possible, judges want to support joint custody arrangements. However, the exact nature of the time-share will be determined by the children's best interests. For more information, see Nolo's article Child Custody FAQ.
What are the rules about child support in California?
Like all states, California requires both parents to support their children, even after a divorce. The amount of child support depends primarily on each parent's income and other resources, and how much time each parent spends with the children. In addition, sometimes the courts will "impute" income to a parent who has the capacity to earn more than he or she actually is earning. To learn more about child support, see Nolo's Child Support.
Does California have resources for do-it-yourself divorce?
Yes. You can usually get fill-in-the-blank forms at your local courthouse or the local law library. And you can go to this online resource for California, where you'll find extensive information about do-it-yourself divorce, along with court forms (in some states).
More Help and Information
To learn more about your options, see Getting Divorced in California.