Divorce in California (2026)

Community Property vs. Separate Property in California

California is one of only nine community property states, and this distinction is the single most important factor in how a California divorce plays out financially. Under Family Code Sections 760 and 761, all property acquired during the marriage is presumed to belong equally to both spouses, regardless of who earned it or whose name appears on the title.

Community property includes wages and salaries earned during the marriage, real estate purchased with marital funds, retirement accounts and pensions accumulated during the marriage, business interests developed while married, and debts incurred during the marriage. The presumption is powerful: even if one spouse earned all the income and the other stayed home, both own the community estate equally.

Separate property under Family Code Section 770 includes assets owned before the marriage, gifts received by one spouse, and inheritances. Separate property remains with the original owner, provided it was not commingled with community assets. In practice, commingling is where most disputes arise. A spouse who deposits an inheritance into a joint bank account, uses premarital savings to pay the mortgage on a community home, or mixes separate business income with community funds may face years of forensic accounting to trace what belongs to whom. Courts apply the tracing rules established in Marriage of Mix and Marriage of Marsden to resolve these disputes.

The date of separation is critically important because it determines when the community property period ends. Under Family Code Section 70, which was enacted in 2017 in response to the California Supreme Court’s decision in Marriage of Davis, a spouse has “separated” when there is a complete and final break in the marital relationship, demonstrated by both the subjective intent to end the marriage and objective conduct consistent with that intent. Earnings and debts after the date of separation are generally separate property.

Overview of California Divorce Law

California is a no-fault divorce state, which means you do not need to prove wrongdoing by your spouse to end the marriage. Under Family Code Section 2310, the only grounds required are “irreconcilable differences” — a fundamental disagreement that the court cannot resolve. A second ground exists for cases involving “permanent legal incapacity to make decisions,” but the vast majority of cases are filed on irreconcilable differences.

This no-fault structure means that neither party needs to assign blame, and marital misconduct generally does not factor into the proceedings. However, simple grounds do not mean the process is always quick. California imposes a mandatory six-month waiting period from the date the other spouse is served with divorce papers. Even if both spouses agree on every issue, the court will not finalize the dissolution until that cooling-off period has elapsed.

Residency and Filing Requirements

To file for divorce in California, at least one spouse must have lived in the state for six months and in the county where they plan to file for three months. Military families stationed in California may satisfy these residency rules through their deployment orders.

If you do not meet the residency requirements but need immediate protection, you can file for legal separation instead, then convert the case to a divorce once the residency period is met. Legal separation addresses property division, custody, and support but does not terminate the marriage itself.

Spousal Support (Alimony)

California courts consider over a dozen factors codified in Family Code Section 4320 when deciding whether to award spousal support and for how long. For marriages lasting less than ten years, the general guideline is that support will last roughly half the length of the marriage. For marriages of ten years or longer (considered “long-term” under California law), there is no automatic end date, and either party may request modification later.

Key factors the court weighs include each spouse’s earning capacity, contributions as a homemaker, the standard of living established during the marriage, any documented history of domestic violence, and the goal that the supported party become self-supporting within a reasonable period of time. Temporary spousal support during the divorce is typically calculated using a local county guideline formula, while long-term support requires the court to weigh all 14 statutory factors.

The California Divorce Process

1. Filing the Petition — One spouse files a Petition for Dissolution of Marriage (Form FL-100) with the Superior Court and pays the filing fee ($435-$450; fee waivers are available for low-income filers).
2. Serving the Other Spouse — The petition must be formally served. The responding spouse has 30 days to file a response.
3. Financial Disclosures — Both parties must exchange preliminary and final declarations of disclosure, detailing all income, expenses, assets, and debts. This step is mandatory under Family Code Section 2104 and cannot be waived except in default cases.
4. Negotiation or Mediation — Most California divorces settle through negotiation, collaborative law, or court-ordered mediation, especially when children are involved.
5. Trial (if needed) — If disputes remain, the case goes to trial where a judge decides contested issues.
6. Judgment — After the six-month waiting period and resolution of all issues, the court enters a final judgment of dissolution.

When to Consult an Attorney

While California allows uncontested divorces to be handled without an attorney, legal representation is strongly recommended when the marriage involves significant assets, complex property (such as businesses or stock options), disputes over child custody, or any history of domestic violence. Community property tracing, business valuation, and retirement account division under qualified domestic relations orders (QDROs) are areas where professional guidance is particularly valuable.

Frequently Asked Questions

What are the residency requirements and waiting period for a California divorce?

At least one spouse must have lived in California for six months and in the filing county for three months. California also imposes a mandatory six-month waiting period from the date the other spouse is served. Even if both spouses agree on every issue, the court will not finalize the dissolution until this cooling-off period has elapsed.

Is California a community property state?

Yes. California is one of nine community property states. Under Family Code Sections 760-761, all income earned and property acquired during the marriage belongs equally to both spouses, regardless of who earned it or whose name is on the title. Separate property — assets owned before the marriage, gifts, and inheritances — remains with the original owner if it was not commingled with community assets.

How does California determine spousal support duration?

For marriages lasting less than ten years, the general guideline is that support lasts roughly half the length of the marriage. For marriages of ten years or longer — classified as “long-term” under California law — there is no automatic end date. The court retains jurisdiction indefinitely, meaning neither party can assume support will end on a fixed date without a court order.

What are California’s grounds for divorce?

California is a purely no-fault state. Under Family Code Section 2310, there are two grounds for dissolution: (1) irreconcilable differences — a fundamental disagreement the court cannot resolve, and (2) permanent legal incapacity to make decisions. The vast majority of cases are filed on irreconcilable differences. Neither ground requires proving wrongdoing, and marital misconduct generally does not factor into the proceedings.

How is date of separation determined in California?

Under Family Code Section 70, the date of separation is when there is a complete and final break in the marital relationship, demonstrated by both the subjective intent to end the marriage and objective conduct consistent with that intent. This date is critical because it determines when the community property period ends — earnings and debts after separation are generally separate property. Disputes over the date of separation can have significant financial consequences.

How This Guide Was Researched

This guide is based on California Family Code Sections 2310-2313 (grounds for dissolution), Sections 760-772 (community and separate property), and Section 4320 (spousal support factors). Filing procedures and fee information were confirmed against Judicial Council forms FL-100, FL-110, and FL-120, and the California Courts Self-Help Center at selfhelp.courts.ca.gov. Statute citations were verified against the current California legislative session through leginfo.legislature.ca.gov.

Sources and Legal References

This guide is based on publicly available legal information and official sources, including:

• California Family Code §§ 2310-2313 (grounds for dissolution), § 70 (date of separation), §§ 760-772 (community and separate property)
• California Family Code § 4320 (spousal support factors), §§ 2100-2113 (financial disclosure requirements)
• Judicial Council Forms FL-100, FL-110, FL-120, FL-150 (dissolution petition, summons, response, income and expense declaration)
• California Courts Self-Help Center dissolution resources and filing guides

Official California Resources

• California Courts — Self-Help Guide
• The Divorce Process — California Courts
• California Divorce Forms

For more about how we research our guides, see our editorial policy and sources methodology.

Related Guides

Learn more about related family law topics:

• Community Property Rules in California
• Date of Separation in California
• Child custody in California
• Child support in California
• Community property vs. equitable distribution
• Property division in divorce
• How much divorce costs
• Complete guide to divorce