California's divorce process has specific rules around community property, waiting periods, and custody. Here's a plain-language guide to what you'll face — and how to prepare.
Filing for divorce in California begins with a Petition for Dissolution of Marriage (Form FL-100). Once filed and served, California law requires a mandatory six-month waiting period before a divorce can be finalized — even if both spouses agree on everything.
California is a community property state, which means most assets and debts acquired during the marriage are split 50/50. This includes real estate, retirement accounts, business interests, and even debt. Separate property — assets owned before marriage or received as gifts or inheritance — generally stays with the original owner, but proving what's separate versus community can be complex.
Child custody is determined by the 'best interests of the child' standard. Courts consider factors like each parent's relationship with the child, stability of each home, and the child's own preferences (if old enough). Physical custody (where the child lives) and legal custody (who makes major decisions) are handled separately.
Spousal support, or alimony, is not automatic. Courts weigh the length of the marriage, each spouse's earning capacity, and the standard of living during the marriage. For marriages under 10 years, support is typically limited to half the length of the marriage. For longer marriages, it may be indefinite.
The best thing you can do before filing — or responding to a petition — is consult with an experienced family law attorney. The decisions made early in the process shape everything that follows.
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Laws change and individual circumstances vary. For guidance specific to your situation, please consult with a qualified attorney.