California law treats divorce as no-fault: one spouse can end the marriage by citing irreconcilable differences, and the other spouse cannot stop it. The case is filed in superior court and takes at least six months. Property earned during the marriage is generally split equally under the state’s community property rules.
This guide walks through the steps, the 2026 court fees, the new joint petition that started on January 1, 2026, and how judges divide what a couple owns and owes. All figures are current as of October 2026.
Who can file for divorce in California
Before you file, one spouse must have lived in California for the past six months. That same spouse must also have lived for at least three months in the county where the case is filed. So a couple who moved from Texas to Los Angeles in June cannot file for divorce until December.
If you do not meet that test yet, you can still file for a legal separation instead. It has no time requirement, and you can later amend it to a divorce. Registered domestic partners follow the same process, with a few residency differences.
You do not have to prove that anyone did something wrong. The law recognizes only two grounds: irreconcilable differences, or a permanent legal incapacity to make decisions. In practice, almost every case uses the first one.
The four steps of a regular divorce
The California Courts self-help guide to divorce breaks the process into four steps. They are the same in every county, although local forms and filing methods differ.
- Start the case. One spouse files a Petition (form FL-100) and a Summons (FL-110). Parents of children under 18 also file a custody jurisdiction form (FL-105). Then another adult, not you, serves the papers on your spouse.
- Share financial information. Each side must give the other a preliminary declaration of disclosure within 60 days of filing. It lists income, expenses, property and debts.
- Make decisions. The couple settles property, debts, support and custody, either by agreement or through court hearings.
- Finalize. One side submits a proposed judgment. Once a judge signs it and the waiting period ends, the marriage is over.
The other spouse has 30 days after service to file a Response (FL-120). If no response arrives in time, the filing spouse can ask for a default. That means the case can move forward without the other spouse’s input.
Later in the case, both sides either exchange a final disclosure or sign a joint waiver (FL-144). Skipping disclosure is risky, because a judgment built on hidden assets can be challenged.
The six-month waiting period
California has a mandatory waiting period. A divorce cannot become final until six months after the other spouse was served or first appeared in the case, whichever happens first. For a joint petition, the clock starts on the filing date instead.
You can finish every form and reach a full agreement in the first month. Still, you stay legally married until the six months pass. That matters for health insurance, taxes and remarriage. A contested case with a trial usually takes far longer than six months. Legal separation, by contrast, has no waiting period at all.
Three ways to file in 2026
Since January 1, 2026, couples who agree on everything can file one joint petition for divorce or legal separation (form FL-700). Both spouses sign as Petitioner 1 and Petitioner 2, so nobody has to be served. Couples with very small estates can also use the older summary dissolution.
| Option | Who can use it | Court fee (2026) | Main forms |
|---|---|---|---|
| Regular divorce | Anyone who meets the residency rule | $435 to file; $435 to $450 to respond | FL-100, FL-110, FL-120 |
| Joint petition | Spouses who agree on all final terms, with or without kids or a house | $870 total, covering both spouses | FL-700, FL-710 |
| Summary dissolution | Married under 5 years, no kids, no real estate, debts under $7,000, community property under $57,000 | One first-paper fee, about $435 | FL-800 |
Fee waivers are available for each option if you cannot afford the cost. The summary dissolution dollar limits are adjusted every odd-numbered year, so the next update is due in January 2027. Check the summary dissolution qualifications before you choose it.
A joint petition has one catch. You cannot ask for temporary orders, such as interim child support. If either spouse wants them, or changes their mind, that spouse files a revocation (FL-720). Then the case continues as a regular divorce.
How community property is divided
California community property law covers what most people care about. In general, anything either spouse earned or bought during the marriage belongs to both of them equally. That includes wages, a house bought after the wedding, and retirement contributions made during the marriage. It applies even if only one name is on the account or title.
Separate property stays with the spouse who owns it. That covers property owned before the marriage, anything acquired after the date of separation, and gifts or inheritances received at any time. Debts follow the same logic, which means a credit card balance run up during the marriage is usually a shared debt.
The court’s guide to property and debts stresses the date of separation. It is the day one spouse made clear, by words or actions, that the marriage was over, and later behavior matched that. Earnings after that date are generally separate.
- Mixed property: If marital income paid down the mortgage on a house one spouse owned before the wedding, the community may be owed a share.
- Student loans: These are usually the separate debt of the spouse who got the degree. However, the other spouse may be reimbursed if marital money paid them down.
- Prenups: A valid premarital or written agreement can change the default split.
When the spouses cannot agree, a judge generally divides the community estate equally. Until a court order exists, marital property still belongs to both spouses, so neither should sell or hide it.
Support, custody and the real cost of a split
Child support follows a statewide formula based on each parent’s income and parenting time. The California Department of Child Support Services offers a guideline calculator for estimates. Custody decisions turn on the child’s best interest. If parents disagree, California requires them to meet with a court mediator or counselor before a hearing.
Spousal support is less formula-driven. Judges weigh factors such as each spouse’s earning ability and the length of the marriage. For marriages under 10 years, the law treats roughly half the marriage length as a reasonable support period.
Court fees are only part of the cost. Many people move from two incomes to one, so it helps to test a new budget against our guide to the cost of living in Los Angeles. Attorney fees vary widely, and a contested case costs far more than an agreed one.
Family law is its own specialty. Big firms, such as the one in our archive story Morrison & Foerster Elects 10 Partners, mostly handle corporate work. If you hire help, look for a lawyer certified as a family law specialist by the State Bar. Free help also exists: every county court runs a self-help center, including the Superior Court of Los Angeles County.
For more state rules and local explainers, see our Los Angeles and California guides. This article is general information, not legal advice.
Frequently asked questions
How long does a divorce take in California?
At least six months and one day from service, or from filing for a joint petition. Contested cases often take a year or more.
Is California a 50/50 divorce state?
Yes, for community property. Assets and debts from the marriage are generally split equally, but separate property stays with its owner.
What is community property under California law?
It is what either spouse earned or acquired during the marriage while living in California, apart from gifts and inheritances. It belongs to both spouses equally.
Can we file for divorce together in California?
Yes. Since January 1, 2026, spouses who agree on everything can file a joint petition (FL-700) for a single $870 fee.
Do I need a lawyer to get divorced in California?
No. Many people file on their own using court forms and free self-help centers. If there is a house, a business or a custody dispute, legal advice usually pays off.
Have a question about this topic? Ask in the comments below. Our editors read every comment and answer questions here, and we add useful answers to the guide.
Sources
- selfhelp.courts.ca.gov/divorce
- selfhelp.courts.ca.gov/divorce/joint-petition
- selfhelp.courts.ca.gov/divorce/property-debts
- selfhelp.courts.ca.gov/divorce-california/summary-dissolution/qualifications
- selfhelp.courts.ca.gov/divorce-disclosures-info
- selfhelp.courts.ca.gov/respond-divorce-papers/file
- selfhelp.courts.ca.gov/divorce-california/legal-separation
- butte.courts.ca.gov/system/files/general/2026-statewide-civil-fee-schedule.pdf
- eldorado.courts.ca.gov/system/files/general/statewide-civil-fee-schedule.pdf
- leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml
- leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml
- leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml
- leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml
- childsupport.ca.gov