By FindLaw Staff | Legally reviewed by Nicole Prebeck, Esq. | Last reviewed January 06, 2023
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At some point two people may decide that they can no longer be together. Just as states have regulations on the marriage process, they also have legal requirements for divorce that define the procedures a person must go through in order to get divorced. All states allow "no-fault" divorces, which means that neither spouse needs to prove that the other spouse is the reason for the divorce. Parties may simply cite "irreconcilable differences" or an "irreparable breakdown of the marriage" when filing for divorce.
The following article provides a brief overview of California divorce laws.
The table below lays out the key divorce requirements under California law.
Code Section |
Family Code § 2300 of the California Code |
|---|---|
Residency Requirements |
Either the petitioner (person filing for divorce) or the respondent (the person responding to the divorce paperwork) must have been a California resident for six months and for three months in the county where the divorce action is filed. |
Waiting Period |
No divorce decree may be finalized until six months after the divorce paperwork is provided to the respondent or the respondent's first court appearance, whichever is first. |
'No-Fault' Grounds for Divorce |
A court must have a legal reason (known as “grounds") to grant a divorce. In California, there are two grounds for divorce: irreconcilable differences, which have caused the irremediable breakdown of the marriage; or permanent legal incapacity to make decisions. |
Required Fees |
There are fees associated with filing the initial divorce paperwork. The exact amount of the court fees depends on the county in which the divorce case is opened. In circumstances where a petitioner cannot afford to pay the fees, a court may grant a waiver. |
Other Grounds for Divorce |
- |
Divorce is always a difficult decision. There are many factors to consider, including children, finances, and who gets to keep the family home. The good news is that you don't have to go through it alone.
If you're considering filing for divorce, speak with an experienced divorce attorney who can explain your legal rights and help guide you through the process.
Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.
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