The process of officially ending a marriage in California requires specific steps. Below, we provide detailed information about the various aspects of the state’s divorce process.
California Divorce Requirements
Each state has its own divorce eligibility criteria. If you’re considering a divorce in California, you must meet these specific criteria:
- Residency requirement. You or your spouse must have been a resident of California for at least six months and of the county where you’re filing for the past three months.
- Legal separation. In California, you can opt for legal separation, which decides property division, debts, financial support and child custody and visitation without dissolving the marriage itself.
- Filing for divorce. To start the divorce process, you need to initiate a court case. This involves completing and submitting specific forms to the county court.
Types of Divorce and Separation in California
California offers a variety of options for married couples looking to end their marriage.
- No-fault divorce. As a no-fault divorce state, California doesn’t require you to prove your spouse is at fault to get a divorce. You can obtain a divorce even if your spouse doesn’t agree to it.
- Uncontested divorce. This is a quicker and easier process where both spouses agree on all key issues like property division, child custody, support, and finances.
- Contested divorce. If you and your spouse can’t agree on one or more issues, the divorce becomes contested. These cases are often more complex, expensive and time-consuming, potentially requiring mediation, arbitration or trial to settle.
- Legal separation. You can choose to live separately and divide assets and debts without officially ending the marriage. This option is sometimes chosen for religious reasons or to maintain benefits such as health insurance. Legal separation in California can also serve as a preliminary step before divorce.
- Summary dissolution. This simplified divorce process is for couples married for less than five years, without children, and with minimal assets and debts. In this type of divorce, neither spouse can request spousal support and the couple must agree on asset and debt division.
- Annulment. An annulment declares that a marriage was never legally valid due to reasons like fraud, bigamy or force.
- Domestic partnership termination. Registered domestic partners in California can end their partnership by filing a Notice of Termination or dissolution.
These options mean you can choose the path best suited for your situation. The no-fault approach in California simplifies the divorce process by eliminating the need to prove wrongdoing by either party.
Child Custody, Support and Visitation in California
California prioritizes the child’s best interests when making custody, support and visitation-related decisions.
- Child custody. You and the other parent have equal rights to custody. If the other parent is unable or unwilling to take custody or has abandoned the child, you can seek sole custody. California recognizes two types of custody.
- Legal custody. This involves the right to make decisions about the child’s welfare, health and education. While sole legal custody allows you to make these decisions independently, joint legal custody gives the other parent an input in decision-making.
- Physical custody. This pertains to where the child lives. Sole physical custody means the child lives primarily with one parent and does not spend time with the other parent, while joint physical custody means the child splits time between both parents.
- Child support. Child support covers the child’s basic needs and is calculated using a state formula that considers both parents’ incomes, the amount of time spent with the child and other factors.
- Visitation. If you spend less than half the time with the child, you have visitation rights. However, if the court finds that visitation would harm the child’s physical or emotional well-being, it may be restricted or denied.
Property Division in California
As a community property state, California mandates that property, assets, income (including things bought with that income), retirement benefits and debts incurred during your marriage be split equally upon divorce. For instance, if you buy a car with income earned during the marriage, that car becomes community property, even if it’s only in your name.
However, some exceptions exist. Assets or debts you acquired before the marriage or after separation, as well as gifts or inheritances you received individually during the marriage, are considered your separate property and not subject to division.
Regarding alimony or spousal support in California—the court may award alimony to the lower-earning spouse after divorce to cover their monthly expenses till they become self-sufficient.
California recognizes two forms of alimony:
- Temporary spousal support. The judge may require the higher-earning spouse to pay temporary spousal support, which is aimed at maintaining the living standards of the lower-earning spouse while the divorce is pending. This support typically lasts until the divorce is finalized.
- Long-term spousal support. Long-term spousal support, on the other hand, is determined at the time of finalizing the divorce. The court considers a host of factors like your age, health, future earning capacity, contributions to your spouse’s education or career and any history of domestic violence. The aim is to provide financial assistance until the lower-earning spouse becomes self-sufficient.
The duration of spousal support isn’t mandated but is often expected to last for about half the length of the marriage, except in long-term marriages. For example, in a four-year marriage, you might receive or pay alimony for two years, but in a 30-year marriage, the duration varies based on individual circumstances.
Spousal support ends if the recipient remarries or if either spouse passes away.
Filing and Serving Your Divorce Papers
To start a divorce or legal separation in California, you need to fill out two main court forms: the Petition (Form FL-100) and the Summons (Form FL-110). If you have children or are seeking spousal support, you need additional forms. All required forms are available on the California Courts website or at your local courthouse.
After filling out the forms, file them at your local courthouse. You can do this in person, by mail or, in some cases, through e-filing. Filing fees are typically between $435 and $450, but if you’re facing financial challenges, you can apply for a fee waiver.
Once you filed the documents, an adult (other than yourself), known as the server, must serve the papers to your spouse. The server then needs to complete the Proof of Service form (FL-115) and return it to the court, verifying that your spouse has received the documents.
Finalizing Your Divorce
In California, completing a divorce includes a mandatory six-month waiting period, starting from when your spouse is officially served with the divorce papers. This period is intended to provide time for you and your spouse to reconsider and possibly reconcile.
After you submit the final form, you have the option of reaching a settlement. If you cannot, you will have a trial and the judge will decide all the issues in your divorce. Once a settlement or judgment is reached, the judge grants the divorce.