CA Divorce Rules: My Plain-English 2025 Guide to Divorce in California
Authored by Izzat H. Riaz – Californian Paralegal, U.K. Certified Lawyer (LL.M.)
As a California paralegal with an LL.M., I spend a lot of time translating family law into real life. Divorce is a legal process, but it is also a human process. My goal here is to give you the same clear, practical roadmap I give clients every day, so you can make smart decisions without getting lost in jargon.
California Is No-Fault: What That Really Means
California does not require proof of blame. If one spouse says the marriage is over due to irreconcilable differences, the court will move the case forward. You cannot block a divorce by refusing to agree. There is a second ground called permanent legal incapacity, but it is rare and requires strong medical proof.
My tip: Focus your energy on outcomes that matter, such as parenting plans, finances, and timelines, rather than trying to prove fault. The court will not reward it.
Residency and the Six-Month Clock
To file in California, at least one of you must have lived in the state for 6 months, and in the filing county for 3 months. There is also a mandatory six-month waiting period from the date the respondent is served before your marital status can end. Complex cases often take longer because negotiation, disclosures, and court calendars take time.
My tip: Use the waiting period to gather documents, complete disclosures, and explore settlement. The six months pass faster when you are productive.
Community Property: Equal Division by Value
California treats most assets and debts acquired between the date of marriage and the date of separation as community property. The default rule is equal division by value, not necessarily splitting each item in half. Separate property is usually what you owned before marriage, inheritances or gifts to you alone, and assets acquired after separation.
Watch the pitfalls:
- Commingling. Mixing separate funds with community funds can blur the line. Keep statements and proof of sources.
- Reimbursements and credits. Mortgage payments from community earnings on a premarital home can create community claims. Tracing matters.
- Business interests. Growth during marriage may have a community component even if the business started before marriage.
My tip: Make an asset list, a debt list, and attach statements that bracket the marriage and separation dates. Good paper wins property cases.
Debts Are Community Too
Debts incurred during marriage are generally community obligations, even if only one name is on the account. The court can allocate who pays what, but creditors are not bound by your judgment. If your name is on the debt and the other side does not pay, the creditor can still contact you.
My tip: When possible, refinance or pay off joint debts as part of the settlement to cut post-judgment surprises.
Spousal Support: Needs, Ability, and Time
Temporary support during the case often follows local guideline calculations. Final, or “permanent,” support is based on the Family Code factors, including length of marriage, standard of living, earning capacity, health, assets and debts, and any documented domestic violence. Long marriages, commonly ten years or more, can mean open-ended jurisdiction, not automatic lifetime payments.
My tip: Start documenting job searches, training, health limits, and budgets early. Evidence drives support outcomes.
Child Support: Guideline Rules with Limited Flexibility
California uses a statewide formula that considers both parents’ incomes and the timeshare. Add health insurance premiums, childcare for work or school, and certain mandatory deductions. Courts can adjust in narrow situations, for example very high incomes or special needs.
My tip: Keep your last two years of tax returns, recent pay stubs, proof of insurance costs, and a parenting time calendar. Accuracy here saves money and stress.
Custody: Best Interests, Not Labels
Legal custody is decision-making. Physical custody is where the child lives. California favors frequent and continuing contact with both parents when it is safe. Judges look at stability, history of caregiving, school ties, health and safety, and each parent’s willingness to support the child’s relationship with the other parent.
My tip: Propose a parenting plan that matches your child’s routine. Offer clear schedules for school, holidays, and exchanges. Judges like specificity and child-centered plans.
Legal Separation vs. Divorce
Legal separation resolves the same issues as divorce, but you remain married. Some clients choose it for insurance, benefits, religion, or timing. You can convert to divorce later without restarting the six-month clock if service already occurred in a dissolution case.
Domestic Partnership Dissolution
Registered domestic partners follow the same playbook as spouses in California. Residency, waiting period, disclosures, property rules, support, and custody all apply.
The Divorce Process, Step by Step
- File and Serve. Petition, summons, and local forms. Service starts key timelines.
- Financial Disclosures. Mandatory, thorough, and ongoing. Skipping this risks sanctions and invalidates agreements.
- Temporary Orders. Support, use of home or car, parenting schedules, and safety orders where needed.
- Discovery. Requests for documents, interrogatories, subpoenas, depositions, and expert work when required.
- Negotiation or Mediation. Most cases settle. Good settlements are detailed and enforceable.
- Judgment. By agreement or after trial. Your marital status can end no sooner than six months after service.
My tip: Put deadlines on your calendar. Courts expect punctual filings and complete disclosures. Organization is a superpower in family law.
Special Situations I See Often
- High-asset or business cases. Expect valuations, tax planning, and tracing. Pick experts early.
- Domestic violence. Safety comes first. Protective orders affect custody and support. Document everything.
- Military families. Federal rules intersect with state law. Pension division and deployment schedules need careful drafting.
Fees and Strategy
Attorney fees depend on complexity and cooperation. Clear goals, organized records, and responsiveness reduce costs. Limited-scope services can help with specific tasks if a full retainer is not feasible.
My tip: Ask for a strategy plan in writing. Know your must-haves, your nice-to-haves, and your walk-away points.
How I Coach Clients to Prepare
- Gather the essentials: tax returns, pay stubs, bank and credit statements, retirement statements, mortgage and deed, car titles, insurance, and a monthly budget.
- Track parenting time and key child expenses.
- Communicate in writing, stay respectful, and imagine the judge reading your messages.
- Consider mediation early. It protects privacy, reduces cost, and gives you control over the outcome.
Bottom Line
California’s no-fault system, community property rules, and child-first custody standards are designed for predictable and fair results. The best results come from preparation, documentation, and practical problem-solving. If you understand the rules and stay focused on your real goals, you can get through this with clarity and dignity.
Contact Us Now
