Understanding California’s Divorce Laws
Divorce in California is governed by state law, which means that spouses must meet specific legal requirements before their marriage can be officially dissolved. Whether you are considering a divorce or ready to file, understanding these key requirements is essential.
At Hoss Law, we help clients navigate the California divorce process efficiently while ensuring their legal rights and interests are protected. Below are the basic requirements to obtain a divorce in California.
Residency Requirements for Divorce in California
Not just anyone can file for divorce in California. To legally end a marriage in the state, at least one spouse must meet the residency requirements:
- One or both spouses must have been residents of California for at least six months before filing.
- The divorce petition must be filed in the county where one spouse resides.
- One spouse must have been a resident of that county for at least three months before filing.
If you do not meet the residency requirements, you may still be able to file for legal separation first and then amend the petition to a divorce once the residency criteria are met.
Grounds for Divorce in California
California is a no-fault divorce state, meaning you do not need to prove wrongdoing by your spouse, such as adultery, abandonment, or abuse, to obtain a divorce. Instead, you must state one of the two recognized grounds for divorce:
- Irreconcilable Differences – The most common ground, meaning the marriage has permanently broken down with no chance of reconciliation.
- Permanent Legal Incapacity – Rarely used, this applies if one spouse is permanently unable to make decisions due to a mental health condition.
Because California does not allow fault-based divorces, allegations of marital misconduct (such as infidelity) generally do not affect the division of property or spousal support.
Key Issues That Must Be Resolved Before Divorce Is Finalized
Before a California court grants a divorce, spouses must resolve all key issues related to their marriage, including:
1. Division of Community Property
California follows community property laws, meaning that all assets and debts acquired during the marriage must be divided equally between spouses, unless otherwise agreed upon.
2. Spousal Support (Alimony)
One spouse may be required to pay alimony to the other, depending on factors such as:
- The length of the marriage
- The earning capacity of both spouses
- Each spouse’s contributions to the marriage
3. Child Custody & Visitation
If the couple has children, the court will determine:
- Legal custody – The right to make important decisions about the child’s upbringing.
- Physical custody – Where the child will live and how visitation will be scheduled.
4. Child Support
California law requires both parents to financially support their children. The court calculates child support payments based on:
- Each parent’s income
- Time spent with the child
- The child’s needs (education, healthcare, etc.)
California’s Mandatory Six-Month Waiting Period
Even if both spouses agree on all divorce-related issues, California law requires a mandatory six-month waiting period before a divorce can be finalized.
Key Facts About the Waiting Period:
- It begins once the divorce petition is filed and served on the other spouse.
- The divorce cannot be finalized before six months have passed, even if both parties reach an agreement quickly.
- There are no exceptions to this waiting period under California law.
This means that even in amicable divorces, the earliest a divorce can be finalized is six months and one day after filing.
Contact a Divorce Lawyer in Roseville, CA Today
If you are considering filing for divorce, it is important to understand the legal requirements and how they apply to your situation. At Hoss Law, we assist clients with every step of the divorce process, ensuring they meet all legal requirements and protect their rights.
Call 844-4HOSSLAW today or contact us online to schedule a confidential consultation with an experienced Roseville divorce attorney.
