Discover the answers to the most commonly asked questions about the divorce process in California with our comprehensive Divorce FAQ.
Whether you’re concerned about child custody, property division, or the timeline of your case, we provide clear and precise answers to the questions that matter most.
This FAQ is designed to give you peace of mind by addressing those nagging questions head-on, helping you navigate your California divorce with confidence
Not necessarily. Usually, the terms of a California divorce are final and cannot be changed. However, in some cases, you may be able to modify a divorce judgment. Certain aspects, such as child custody, visitation, child support, and spousal support, can always be modified. Correcting a mistake in a judgment is much more difficult.
Yes, you can get a divorce in California even if you were married in another state or country. However, you must meet California’s residency requirements. You need to have lived in California for at least six months and in the county where you plan to file for divorce for at least three months.
No. California is a no-fault divorce state, meaning that anyone can get a divorce at any time, for any reason. If one spouse doesn’t want the divorce but the other spouse does, the court will grant the divorce over the objection. This is called "irreconcilable differences."
Yes, in California, you can request temporary orders for child custody, visitation, or support while the divorce is pending. These temporary orders ensure that important issues like custody, support, and property use are managed during the divorce process, providing stability for both parties until a final judgment is made.
Yes, you can represent yourself in a California divorce. However, it is recommended that you seek legal advice from an attorney, especially if the case is complex or involves contested issues. The court also offers self-help resources for those who choose to represent themselves.
Answer: Yes, you can request a name change as part of your divorce proceedings in California. When you file for divorce, you can include a request to restore your former or maiden name. The name change will be included in the final divorce judgment, and you can start using your restored name after the divorce is finalized.
Yes, it is possible to stop a divorce after it has been initiated, but the process depends on the specific circumstances. If both parties agree to stop the divorce, they can file a request with the court to dismiss the case.
If only one party wants to stop the divorce, they can file a request to withdraw their petition. However, if the other party has already responded or filed a counter-petition, the court may require a hearing to determine whether to grant the request.
It’s important to understand that filing for divorce can have legal and financial implications, even if the parties later decide to stop the process. Consulting with an experienced family law attorney in California is recommended to understand your options and the potential consequences of stopping a divorce.
No, California does not require couples to live separately before filing for divorce. However, legal separation is an option for couples who want to live apart while deciding on divorce or instead of divorce.
In California, it generally doesn’t matter who files for divorce first. California is a “no-fault” divorce state, meaning that either spouse can file for divorce without needing to prove wrongdoing by the other spouse.
However, there may be strategic reasons for one spouse to file first, such as getting a head start on the divorce process or setting the tone for the proceedings. It’s best to consult with a qualified family law attorney to determine the best course of action for your situation.
To obtain a copy or certified copy of your divorce decree or judgment in California, you need to contact the clerk's office of the courthouse where your divorce was finalized. You may request the document in person, by mail, or sometimes online, depending on the county. Be prepared to provide identification and any required fees. Certified copies are often necessary for official purposes like name changes or proof of divorce.
To expedite a divorce in California, you can opt for a summary dissolution. This process is quicker but comes with specific requirements:
The divorce process begins when one spouse files paperwork in court. However, the court doesn’t automatically move the case forward. The courthouse stores, but does not process, your paperwork for you. You must take the necessary steps to progress the case, or hire a lawyer to help.
Here are the steps:
Domestic violence can have a significant impact on a divorce case in California, particularly when it comes to child custody, visitation, and spousal support. A history of domestic violence can lead to restrictions on visitation or even a loss of custody for the abusive spouse. Additionally, spousal support decisions may be influenced by evidence of domestic violence.
Prenuptial agreements can significantly impact the outcome of a divorce in California. If the agreement is valid and enforceable, it will dictate how assets and debts are divided, as well as whether spousal support is awarded. However, a court may invalidate a prenup if it finds that it was unfair, signed under duress, or lacked proper disclosure of assets.
In California, alimony or spousal support is typically calculated using a guideline that suggests the paying spouse’s support should be 40% of their net monthly income, minus 50% of the receiving spouse’s net monthly income. If child support is involved, spousal support is determined after child support has been calculated.
It’s essential to consult with an experienced family law attorney to get a more personalized estimate based on your specific circumstances.
In California, alimony or spousal support is calculated based on various factors, including:
There is also a general guideline: the paying spouse’s support should be 40% of their net monthly income, minus 50% of the receiving spouse’s net monthly income. If child support is involved, spousal support is calculated after child support has been determined.
It’s important to consult with an experienced family law attorney for a more accurate calculation tailored to your specific situation.
In California, property is divided according to the principle of community property. Community property generally includes all assets and debts acquired during the marriage, with a few exceptions. During a divorce, community property is typically divided equally between the spouses.
Not all property is considered community property. Separate property, which refers to assets acquired by one spouse before the marriage, after the date of separation, or through inheritance or gift, is generally not subject to division.
Determining which assets and debts are community property and which are separate property can be complex. You may need the assistance of a professional, such as a forensic accountant or a family law attorney, to help identify and value the assets and debts.
Once community property is identified, it must be divided equally between the spouses. This does not mean each spouse will receive half of every asset. Instead, the total value of the community property will be divided equally. For example, if one spouse receives the family home, the other spouse might receive assets of equal value, such as investment or retirement accounts.
In some cases, spouses may agree to an unequal division of property, either through a settlement agreement or a court order. This might be appropriate if one spouse contributed significantly more to acquiring certain assets or if other factors justify an unequal division.
Property division in a divorce can be complex and emotionally charged. It’s crucial to work with an experienced family law attorney to ensure your rights are protected, and you receive a fair share of the marital property.
A divorce in California always takes a minimum of six months. This period is called the "waiting period." The purpose of this waiting period is to ensure that both spouses are certain about ending their marriage. The courts want to give couples time to reconcile if possible. You cannot finalize a divorce in California until this six-month waiting period has passed.
The legal separation process in California can take several months to complete, depending on the specific circumstances of the case. Here’s a general timeline of the legal separation process:
Filing the Petition: The process begins with one spouse filing a Petition for Legal Separation in the Superior Court. This document must be served to the other spouse, who then has 30 days to file a Response.
Discovery: Both spouses gather information about each other's finances, assets, and debts. This includes exchanging financial statements, property valuations, and other relevant documents.
Negotiations and Settlement: After discovery, the spouses may try to negotiate a settlement agreement. If they can reach an agreement, the terms are put in writing and presented to the court for approval.
Court Hearings: If no agreement is reached, the court may schedule a hearing to address disputed issues such as child custody, support, and property division.
Judgment: Once all issues are resolved, the court issues a Judgment of Legal Separation. This legally separates the spouses but does not terminate the marriage. The judgment outlines the terms of child custody, support, and property division.
The timeline for each step can vary based on the complexity of the case and the willingness of the parties to negotiate. It’s important to work with an experienced family law attorney to ensure your legal separation is handled efficiently.
The cost of a divorce can vary depending on several factors, including attorney fees, court costs, and whether the divorce is contested or uncontested. The complexity of the case and the time it takes to resolve all issues can also impact the overall cost.
Yes, you must still allow your spouse to see the children. In California, child support and child visitation are separate issues. If your spouse isn't paying child support, you need to obtain a court order requiring them to do so. If you already have a court order and they are not honoring it, there are ways to enforce payment.
Child custody is determined by what is in the best interest of the children. Custody is based on several factors, including which parent is more likely to allow the other parent to have frequent and continuing contact with the children. If you prevent your spouse from seeing the children because they aren't paying child support, you risk losing custody.
It depends. California is a no-fault state, which means that a person’s morality cannot be considered when determining the outcome of a case. If your spouse had an affair during the marriage, it is not a basis to deny them visitation or automatically grant you custody of the children.
However, if the affair interferes with your spouse’s ability to care for the children—such as neglecting the children by coming home late or not being present—the court may find that you are better suited to care for the children and award you custody.
Yes, sharing financial information is required in a California divorce. The spouse who first filed for divorce must provide financial information to the other spouse as part of Part 2 of the process. This information includes income, expenses, assets, and debts.
No. A divorce in California always takes at least six months to complete. Even if the parties agree on all terms before the six months have passed, they will not be officially divorced until the waiting period ends. The terms of any agreement are binding during this time, but both parties are not free to remarry until the six months have expired.
If the issues of custody, visitation, child support, spousal support, or property division are not resolved within the six months, the divorce will take longer. In cases where the process extends beyond the waiting period, the court may “bifurcate the status” of the marriage, meaning the couple can be declared divorced while other matters are resolved later.
Yes, if both parties agree on all issues, such as child custody, visitation, child support, spousal support, division of property, pension plans, and debts, they can avoid litigation. The couple can simply have a divorce judgment drafted, signed, and finalized without ever going to court.
Yes, you should allow your ex to serve you with divorce papers. It's important to know if a lawsuit has been filed against you so that you can defend your legal rights. If someone tries to serve you with court documents, make sure to accept them. Otherwise, court orders could be made without your knowledge.
The first step in a California divorce is for one spouse (or domestic partner) to file papers to start the case and officially notify the other spouse. The other spouse then has a chance to file a response. This is known as Part 1 of the process.
After the initial paperwork is filed with the court, both parties have the right to conduct "discovery." This allows each side to ask questions and request documentation, such as information about income, assets, and debts, that may be relevant to the case.
Once discovery is complete, the case is ready to be set for trial. However, nothing will happen unless one or both parties take action by filing the proper paperwork. This includes filing for a trial date, requesting a Default, or conducting discovery. The court does not automatically move the case forward without action from the parties involved.
If one spouse contests the divorce, it can prolong the process and may require court hearings to resolve disputed issues. However, even if one spouse contests, a judge can still grant the divorce once the issues are resolved.
If a Response is not filed, the case is decided by "default." This means that the court will base its decision solely on one side's version of the facts. If there is property or children involved, it is crucial to file a Response to ensure that your voice is heard and your interests are protected.
If the parties can’t agree on all issues, the case may proceed to trial, where a judge will decide on the unresolved matters. However, the parties can still try to reach agreements through alternative dispute resolution methods such as mediation or collaborative divorce.
A collaborative divorce is an alternative to traditional litigation where both parties agree to work together, along with their attorneys, to reach a settlement without going to court. The goal is to resolve issues amicably through negotiation and cooperation. In California, collaborative divorce can help reduce conflict, save money, and give both parties more control over the outcome.
A default divorce in California occurs when one spouse gets a divorce decree without the consent or even the knowledge of the other spouse. The court renders a decision on the divorce after the respondent fails to respond.
A divorce by default happens when the filing spouse does not get a timely answer to the divorce petition. If the defendant receives the divorce papers but fails to respond within 30 days, the petitioning spouse may proceed without their participation. It’s even possible to obtain a divorce by default if the petitioner fails to serve the defendant with a copy of the complaint.
If the defendant purposefully evades the process server, the court may allow the petitioner to serve them in a different manner, like publishing the divorce notification in the newspaper or through certified mail. Even if the defendant never saw the publication, the divorce proceeding will begin if they fail to react.
Once the default divorce process starts, it's difficult for the defendant to reclaim their rights. If they remain silent, the petitioner will receive the divorce decision as desired. Once finalized, the divorce cannot be reversed or annulled, even if the defendant never received the petition.
Saves time and money: Default divorce often requires less time and money to finalize compared to a contentious divorce, with proceedings typically expedited.
Reduces conflict: For divorcing couples with confrontational relationships, default divorce can help lessen conflict by avoiding open confrontation.
Closure: When one party chooses not to participate, the other party may gain a sense of closure, knowing the process is complete.
Unfair decision: In some cases, a default divorce can lead to unfair outcomes, especially if the absent party does not present required evidence or arguments.
No input: The missing party has no say in the proceedings, which can result in feelings of lost control over the outcome.
Missed reconciliation: The other party may have wished to reconcile, but with a default divorce, that opportunity may be lost.
The divorce timeline in California can vary, but generally, the process takes several months to over a year, depending on the complexity of the case. Here's a general overview of the stages:
Filing the Petition: The process begins with one spouse filing a Petition for Dissolution of Marriage in the Superior Court. The other spouse then has 30 days to file a Response.
Discovery: Both spouses gather information about each other's finances, assets, and debts. This step often includes exchanging financial statements, property valuations, and other relevant documents.
Negotiations and Settlement: After discovery, spouses may negotiate a settlement agreement. If they reach an agreement, the terms are written and submitted to the court for approval.
Court Hearings: If no agreement is reached, the court may schedule hearings to address disputed issues such as child custody, support, and property division.
Final Judgment: Once all issues are resolved, either through settlement or court order, the court issues a Final Judgment of Dissolution of Marriage. This document legally ends the marriage and outlines the terms of the divorce settlement, including child custody, support, and property division.
The timeline can vary widely depending on the complexity of the case, the willingness of the parties to negotiate, and other factors. Working with an experienced family law attorney ensures the process is handled effectively.
A legal separation differs from a divorce in several ways. With a legal separation:
If you have been served with divorce papers in California, it is important to take several steps to protect your rights. Read more about "being served divorce papers" to understand the necessary actions you should take.
The waiting period begins once the divorce papers are filed and served. Even if a couple has been separated for years, the waiting period doesn’t start until the divorce action is filed, and the papers are properly served to the other party.
In California, the waiting period is six months, starting from the date the Petition for Dissolution of Marriage is served. During this time, neither spouse can remarry.
The six months is the minimum time required before a divorce can be granted, but the actual length of the divorce process can vary depending on the complexity of the case and the parties' ability to reach a settlement.
The 6-month waiting period in California is intended to ensure that both parties are genuinely committed to ending their marriage. This extended period allows couples to gain perspective and possibly reconsider reconciliation before finalizing the divorce.
In California, either parent can be awarded custody, or the parents may share custody. While the judge makes the final decision regarding custody and visitation, they typically approve the arrangement (parenting plan) agreed upon by both parents.
California law does not favor one parent over the other in custody disputes. Custody decisions are made based on the best interests of the child. That said, historically, mothers have been more frequently granted custody, often because they have been the primary caregivers.
To file for divorce in California, one of the spouses must meet residency requirements: living in the state for six months and in the county where they plan to file for three months. Same-sex couples and domestic partners must generally follow the same process as opposite-sex couples.
California is a no-fault divorce state, meaning that spouses typically file for divorce due to "irreconcilable differences." In rare cases, a spouse may claim their partner permanently lacks the legal capacity to make decisions.
An uncontested divorce in California is when both spouses agree on all terms of the divorce, including property division, debt allocation, child custody, child support, and spousal support. This type of divorce typically proceeds more quickly and costs less than a contested divorce because it doesn't require court hearings to resolve disputes. In California, you can file for an uncontested divorce using a summary dissolution (a simplified process with specific eligibility requirements) or through a regular dissolution where both parties file agreements.
To file for an uncontested divorce in California, start by completing Form FL-100 (Petition) and FL-110 (Summons). File these forms with your local county court and pay the filing fee. Serve your spouse with copies of the paperwork and have them complete Form FL-120 (Response). If you both agree on all terms, draft a marital settlement agreement detailing your arrangements for property, debts, support, and custody if applicable. File this agreement along with Form FL-180 (Judgment) with the court. After the mandatory 6-month waiting period from the date of service, and assuming all paperwork is in order, the court will finalize your divorce.
In most cases, you do not have to appear in court for an uncontested divorce in California. If you and your spouse have agreed on all issues and properly completed and filed all required paperwork, including a comprehensive marital settlement agreement, the judge can review and approve your case without a court appearance. However, some counties may require a brief appearance, and in cases where the paperwork is incomplete or raises questions, the court might schedule a hearing. Working with a family law attorney or using the court's self-help services can help ensure your paperwork is complete and minimize the chance of needing a court appearance.
Divorce papers in California can be obtained from several sources: (1) Your local county courthouse's self-help center or family law facilitator's office, which often provides free forms and guidance; (2) The California Courts website (courts.ca.gov), where you can download all necessary forms for free; (3) Legal aid organizations in your area that may provide forms and assistance at no or low cost; or (4) Through an attorney who specializes in family law. The basic forms needed include the Petition (FL-100), Summons (FL-110), and various financial disclosure forms, though your specific situation may require additional paperwork.
The basic forms needed to file for divorce in California include: (1) Petition (FL-100); (2) Summons (FL-110); (3) Property Declaration (FL-160) if needed; (4) Declaration Under Uniform Child Custody Jurisdiction Act (FL-105) if you have children; (5) Income and Expense Declaration (FL-150); (6) Schedule of Assets and Debts (FL-142); (7) Declaration of Disclosure (FL-140); and (8) Judgment (FL-180). Depending on your specific situation, you may need additional forms related to child custody, support, or property division. The California Courts website provides a complete list of forms, or you can consult with your local court's family law facilitator for guidance on your specific case.
If your spouse refuses to sign divorce papers in California, you can still proceed with the divorce through a default judgment. After properly serving your spouse with the divorce petition and summons, they have 30 days to respond. If they don't respond, you can request that the court enter a default. You'll need to file a Request to Enter Default (FL-165) and complete the remaining required forms, including those detailing your requests for property division, support, and custody. The court can then grant your divorce based on the terms you've requested. While this process allows you to move forward without your spouse's cooperation, it's advisable to consult with an attorney to ensure your rights are protected.
If you cannot locate your spouse to serve divorce papers in California, you can request the court's permission to use "service by publication" or "service by posting." First, you must make diligent efforts to find your spouse, which includes checking with family, friends, employers, searching public records, and using people-finding services. Then, file a Request for Order (FL-300) with the court explaining your search efforts. If approved, you'll publish a notice in a newspaper in the area where your spouse is likely to be for a specific period (usually once a week for four weeks) or post a notice at the courthouse. After completing this alternative service, you can proceed with your divorce case, though resolution of certain issues like property division may be complicated without your spouse's participation.
The cost of a divorce in California when both parties agree varies depending on several factors. At minimum, you'll pay the court filing fee, which is currently about $435-$450 depending on your county. If you both complete the paperwork yourselves without attorneys, this could be your only major expense. If you use an online divorce service to help with paperwork, this typically adds $150-$500. If you hire an attorney to review your agreement and handle the filing, costs can range from $1,500-$3,500 for an uncontested divorce. Mediation services, if needed to reach agreement, typically cost $1,000-$5,000. Low-income individuals may qualify for a fee waiver for court costs. Remember that these are approximate costs and can vary based on the complexity of your situation and your location within California.
The standard court filing fee for a divorce (dissolution of marriage) in California is approximately $435-$450, though this amount can vary slightly by county. This fee is paid when the initial petition is filed. The responding spouse also pays a filing fee of approximately the same amount when filing their response. Additional fees may apply for motions, modifications, or other court proceedings during your case. If you cannot afford the filing fees, you can apply for a fee waiver by completing and filing a Request to Waive Court Fees (FW-001). If approved, most or all of your court fees will be waived. Check with your local county courthouse for the exact current filing fees, as they are subject to change.
To get the quickest possible divorce in California, consider these approaches: (1) File for a Summary Dissolution if you qualify (marriage under 5 years, no children, limited assets/debts, and both agree to terms); (2) Prepare all paperwork properly the first time to avoid delays from corrections; (3) Ensure prompt and proper service of documents; (4) File an uncontested divorce with a complete marital settlement agreement; (5) Cooperate fully with all disclosure requirements; (6) Consider using a mediator to quickly resolve any disagreements. Remember that California has a mandatory 6-month waiting period from the date of service before a divorce can be finalized, so even the quickest divorce will take at least 6 months. Having all paperwork ready and agreements in place when that waiting period ends will help finalize your divorce as soon as legally possible.
The fastest way to get divorced in California is through a Summary Dissolution, which is a simplified process available to couples who: (1) Have been married less than 5 years; (2) Have no children together; (3) Don't own real estate; (4) Have limited assets and debts (under $47,000 in community property excluding cars, and under $47,000 in separate property excluding cars); (5) Agree not to seek spousal support; and (6) Have a signed agreement dividing all property and debts. If you qualify, you can file a joint petition, which eliminates the need for serving papers and waiting for a response. However, even with Summary Dissolution, California's mandatory 6-month waiting period still applies, making six months the absolute minimum time to finalize any divorce in the state.
In California, default divorces come in two primary forms, each with distinct implications for how your case proceeds. Understanding these options is crucial for making informed decisions about your divorce strategy.
True Default Divorce
A true default occurs when your spouse is properly served with divorce papers but fails to file a response within the 30-day deadline. This complete non-participation allows you to proceed with the divorce without your spouse's input. The court will generally grant the requests outlined in your initial petition, including property division, child custody, support orders, and other relief sought.
True defaults typically happen when:
Default with Agreement Divorce
This hybrid approach occurs when your spouse chooses not to file a formal response but still participates by signing a written agreement. This method streamlines the process while ensuring both parties have input on the final terms. Your spouse waives formal participation but maintains some control over the outcome by signing a marital settlement agreement.
This approach offers several advantages:
Understanding which type of default applies to your situation helps determine the appropriate forms, timeline, and strategy for your California divorce proceeding.
To qualify for a default divorce in California, several specific legal requirements must be met. The court carefully reviews these elements before granting a default judgment to ensure procedural fairness.
Residency Requirements Either you or your spouse must have:
Service Requirements Proper legal service is absolutely critical and must include:
Documentation Requirements You must complete and file:
Other Critical Requirements
Failure to meet any of these requirements can result in rejection of your default judgment request or vulnerability to having the judgment set aside later. Working with an experienced family law attorney ensures all requirements are properly fulfilled, protecting your default divorce from potential challenges.
Navigating California's default divorce requires completing specific court forms at each stage of the process. Understanding these documents is crucial for avoiding delays and ensuring your case progresses smoothly.
Initial Filing Forms
Financial Disclosure Forms
Default Request Forms
Additional Judgment Attachments
Each form serves a specific purpose and must be completed accurately. Many include detailed instructions, but errors or omissions can cause significant delays. The Judicial Council of California regularly updates these forms, so always obtain the most current versions from the official California Courts website or your county court's self-help center.
For a default with agreement, you'll also need a comprehensive marital settlement agreement signed by both parties. This document should address all aspects of your divorce, including property division, support orders, and child custody arrangements if applicable.
The default divorce process in California follows a structured pathway that requires attention to detail at each step. Understanding this sequence helps you navigate the process efficiently while avoiding common pitfalls.
Step 1: Filing the Petition
Begin by preparing and filing these documents with your county's Superior Court:
You'll pay a filing fee (currently $435-$450 depending on county) or submit a fee waiver request if you qualify financially. The court clerk will stamp your documents and assign a case number.
Step 2: Service of Process
Your spouse must be properly served with copies of:
Service must be performed by someone at least 18 years old who is not involved in your case. The server completes a Proof of Service form (FL-115) which you must file with the court, establishing that your spouse received legal notice of the divorce action.
Step 3: Financial Disclosures
Even for default cases, you must complete and serve:
These financial disclosures are mandatory regardless of your financial situation or marriage length.
Step 4: Waiting Period
After service, your spouse has 30 days to file a Response. If they fail to respond, you may proceed with the default process after this period expires. Remember that California also requires a minimum 6-month waiting period from the date of service before any divorce can be finalized.
Step 5: Request for Default
If your spouse hasn't responded within the 30-day period, file:
Step 6: Court Review and Judgment
The court reviews your submitted paperwork. This review can take several weeks to months depending on your county's backlog. If everything is in order, the judge signs the Judgment, and you'll receive a filed copy of the Notice of Entry of Judgment, officially ending your marriage.
For cases involving children, property, debt, or support requests, the court scrutinizes the proposed judgment more carefully to ensure fairness and compliance with California law, potentially extending the timeline.
When pursuing a default divorce in California with minor children involved, additional considerations and requirements apply to protect their wellbeing and ensure appropriate arrangements are made for their care and support.
Child Custody and Visitation Determinations
In default cases, the court will generally grant the custody and visitation requests outlined in your petition, but these must:
Mandatory Child Support Calculations
Child support must be calculated according to California's guideline formula using:
Additional Requirements
Default divorces with children also require:
Judicial Review
The court scrutinizes default judgments involving children more carefully than other defaults. A judge may:
Working with an experienced family law attorney is especially valuable when children are involved in a default divorce. They can help craft child-centered arrangements that meet legal requirements while protecting your relationship with your children and providing for their financial needs.
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