Divorce in California
State-specific overview · Family Law
California is a community property state with a six-month waiting period from service before a divorce becomes final.
How California treats Divorce
California allows no-fault divorce based on irreconcilable differences or permanent legal incapacity, with no fault grounds available. A mandatory six-month waiting period runs from the date the respondent is served with the divorce petition until the earliest date a judgment can be entered. As a community property state, California presumes all property acquired during marriage is owned equally and must be divided 50/50. Spousal support and child support are determined using statutory formulas based on income, custody time, and length of marriage.
The general definition of Divorce
The legal dissolution of a marriage, ending the spouses' rights and responsibilities to each other.
Divorce is the legal process by which a married couple ends their marriage. It involves a court officially terminating the marriage and typically requires decisions about property division, spousal support, child custody, and child support. The process can be contested, where the spouses disagree on terms, or uncontested, where they agree on the major issues. Once a divorce is finalized, both parties are free to remarry and are no longer legally responsible for each other.
Read the full Divorce entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in California.