Divorce in California

The name California came from a romance book written in the 16th century, but not every Californian is in luck with romance and happy marriage.

Filing for divorce in California requires one of you to have been a resident of California for at least six months, and three months minimum residency in the county the divorce will be filed;1 except for same-sex marriages.2

California is a no-fault divorce state which means, the spouse filing for divorce doesn’t have to prove any wrongdoing of the other spouse. Divorce and legal separation can be accepted on the grounds of “irreconcilable differences” or “permanent legal incapacity to make decisions.” 3

California is a community property state. This means only assets and debt acquired during the marriage will be divided 50/50 following a California divorce. A California court will look at factors such as the contributions to a partner’s education and economic misconduct.4

1Ann.Cal.Fam.Code § 2320

2Ann.Cal.Fam.Code § 2310

3Ann.Cal.Fam.Code § 2312

4Ann.Cal. Fam. Code § 2550 THRU § 2551