Divorce in California — the plain-English overview

If you’re going through a divorce in California — what the state formally calls a dissolution of marriage — the rules below shape almost everything. None of this replaces talking to a California family-law attorney about your specifics, but knowing the starting framework helps you read your own paperwork.

Where you file

California divorces are filed in the Superior Court of the county where you (or your spouse) live. At least one spouse must have been a resident of California for 6 months, and a resident of the county where you’re filing for 3 months, before the case is filed (Cal. Fam. Code § 2320).

The form that starts your case is the FL-100 Petition — Marriage/Domestic Partnership. Self-help centers exist in nearly every Superior Court and can walk you through the procedural steps (though they cannot give you legal advice).

How long it takes

California has a 6-month waiting period that runs from the date the respondent is served (not the date of filing) (Cal. Fam. Code § 2339). The marriage cannot be legally terminated before that 6 months has passed, regardless of how quickly you and your spouse work everything out.

So in practice: even the simplest, fully agreed California divorce takes at least six months. Many take longer because of court calendars and document processing. Contested cases often run a year or more.

Property — what state law assumes

California is the original community property state, and it’s strict about it. Anything earned or acquired by either spouse during the marriage is presumed community property (Cal. Fam. Code § 760) and is divided equally at divorce.

Property you brought into the marriage, plus what you inherited or were gifted individually, stays your separate property. The line gets blurry when separate property got commingled with marital money — for example, a pre-marriage savings account both of you contributed to during the marriage. Tracing those funds is one of the most common reasons California divorces get complicated.

Custody — the starting framework

California recognizes the same two custody concepts most states do — legal custody (decision-making) and physical custody (where the kids live) — and each can be joint or sole.

There is no formal statutory presumption favoring joint custody, but California courts strongly favor frequent and continuing contact with both parents and apply a best-interest-of-the-child standard (Cal. Fam. Code § 3020 et seq.). In practice, joint legal custody is the default in most cases, and physical custody ends up either joint or primary-to-one-parent depending on what the parents propose or what the court orders after mediation.

California requires child custody mediation before a contested custody hearing in most counties. If you can’t agree on a parenting plan, a court mediator meets with both parents and tries to broker an agreement. In some counties this is "recommending" mediation (the mediator’s suggestions go to the judge); in others it’s "non-recommending" (confidential, with no recommendation to the judge). Which version applies depends on your county.

Filing fees and fee waivers

The standard filing fee for a divorce petition in California is roughly $435–$450, depending on your county. The responding spouse pays the same when they file their response.

If you can’t afford the fee, California offers a fee waiver via the FW-001 request form (Cal. Gov. Code § 68630 et seq.). If granted, the court waives filing fees for the entire case (including the response, motions, and the judgment). The form asks for income and household details and is granted based on financial need.

What this page can’t tell you

California has 58 counties, each with its own Superior Court and its own local rules. Several things vary in ways that affect real cases:

• Whether your county uses recommending or non-recommending mediation.
• Local form requirements on top of the state Judicial Council forms.
• Whether your county allows electronic filing for self-represented parties, and what the e-filing platform is.
• Whether judges in your county tend toward 50/50 physical custody, primary-to-one-parent, or are case-by-case.

The California Courts Self-Help portal (selfhelp.courts.ca.gov) is the authoritative source for forms and statewide procedure. Your county’s Superior Court website covers local rules and procedure. For anything strategic — especially around custody, complex property, or business interests — talk to a California family-law attorney.

Statutes referenced

• Residency — Cal. Fam. Code § 2320
• Six-month waiting period — Cal. Fam. Code § 2339
• Community property — Cal. Fam. Code § 760
• Custody (best interest) — Cal. Fam. Code § 3020 et seq.
• Fee waivers — Cal. Gov. Code § 68630

These are the controlling statutes for the facts on this page. State law changes; the linked text always reflects current law.