Divorce in California follows specific legal rules that can affect your finances, children, and timeline. Understanding these rules before you file can help you avoid delays, protect your rights, and make informed decisions from the start.
Below are five essential divorce rules in California every spouse should know.
1. California Has Strict Residency Requirements
Before you can file for divorce in California, at least one spouse must meet residency requirements.
To file:
- One spouse must have lived in California for at least 6 months, and
- Must have lived in the county of filing for at least 3 months
Residency means more than owning property or visiting occasionally. The court looks at whether California is your primary home, not a temporary stay.
Examples:
- ✔ Living in California for work, family, or long-term plans
- ✘ Owning a vacation home but living elsewhere most of the year
If you do not meet the residency requirement yet, you may be able to file for legal separation first, then convert it to divorce later.
2. California Does Not Recognize Common-Law Marriage
California does not recognize common-law marriage, regardless of how long a couple has lived together.
This means:
- Living together for years does not create a legal marriage
- You must have a valid marriage license or certificate to file for divorce
However, unmarried couples may still have rights related to:
- Property disputes
- Financial agreements
- Child custody and support
These cases are handled differently from divorce and often require careful legal guidance.
3. California Is a No-Fault Divorce State
California is a no-fault divorce state, which means:
- You do not need to prove wrongdoing
- Adultery, abuse, or misconduct do not have to be proven to get divorced
Most divorces are filed based on:
“Irreconcilable differences”
This rule simplifies the legal process and reduces conflict, but it does not mean everything is automatic or uncontested. Disputes over money, property, and children can still arise.
4. California Uses Community Property Rules
California is a community property state, which means:
- Assets acquired during the marriage are generally split 50/50
- Debts incurred during the marriage are also shared equally
This includes:
- Income earned during marriage
- Homes purchased together
- Retirement accounts accrued during marriage
- Credit card debt and loans
Separate Property Exceptions
The following are usually considered separate property:
- Assets owned before marriage
- Gifts or inheritances given to one spouse
- Property explicitly kept separate
However, separate property must be proven. Missing records or commingling funds can turn separate property into community property.
Because property division can become complex quickly, many spouses consult a Los Angeles divorce attorney before filing to understand their exposure and options.
5. You Do Not Have to Go to Court to Get Divorced
Many people assume divorce automatically means a courtroom battle. In California, that is not always true.
California allows:
- Mediation
- Collaborative divorce
- Uncontested divorce agreements
In these approaches:
- Spouses negotiate outside of court
- Attorneys still represent each party
- Agreements are formalized and approved by a judge
However, if negotiations fail or disputes escalate, the case can still proceed to litigation. Preparing properly from the start gives you more control over how your divorce unfolds.
Important Timeline Rule: The 6-Month Waiting Period
Even if everything is agreed upon, California has a mandatory 6-month waiting period from the date the divorce petition is served.
This means:
- Divorce cannot be finalized sooner than 6 months
- Filing earlier starts the clock sooner
This waiting period applies to all divorces, contested or uncontested.
When to Speak With a Divorce Attorney
While California divorce law is standardized, how it applies to your situation is not.
You should strongly consider speaking with a divorce attorney if:
- You own property or a business
- Children are involved
- There is a large income difference
- You suspect hidden assets or debt
- You want to avoid costly mistakes early
A qualified divorce attorney in Los Angeles can help you understand how these rules apply to your specific case and whether filing now—or waiting—makes sense.
Frequently Asked Questions
Do both spouses have to agree to divorce in California?
No. One spouse can file even if the other disagrees.
Can I file for divorce if I just moved to California?
Not immediately. You must meet the 6-month residency requirement.
Does adultery affect divorce outcomes?
No. California does not consider fault when granting a divorce.
Is everything split 50/50?
Generally yes, but separate property and exceptions may apply.
Key Takeaway
California divorce law is designed to be predictable—but preparation matters. Understanding residency rules, no-fault divorce, community property, and alternative dispute options can help you protect yourself before you file, not after.
If you feel overwhelmed, speaking with an experienced divorce attorney early can make the process clearer, calmer, and more controlled.
