• Residency and Filing: To file for divorce in California, at least one spouse must have lived in the state for at least six months and in the filing county for at least three months. Filing typically costs around $435 to $450, but always verify the current fees.

• No-Fault Divorce: California allows no-fault divorce, meaning you can end your marriage simply by citing irreconcilable differences.

• Community Property: In California, marital property is divided equally. Child custody decisions focus on the child’s best interests.

• Required Steps: File a petition and summons, serve your spouse, exchange required financial disclosures within 60 days, then move toward settlement or trial.

• Professional Guidance: Working with a California divorce attorney can help you navigate the state’s specific rules and protect your rights throughout the process.

Legal custody declares whether one or both parents have the right to make decisions about a child’s health and welfare. This can include where the child lives, where they get their education and medical care, what religion they practice and whether and where they travel abroad.

Physical custody declares where the child lives. In cases where one parent has primary physical custody, the child lives with them while the other parent has visitation rights. In cases where there is joint physical custody, the child splits their time living with each parent.

• Petition for divorce (details about your marriage, grounds, and property)

• Summons (notifies your spouse and triggers standard restraining orders)

• Child-related forms, if you share minor children

• File in the county where you or your spouse meets residency requirements

• Pay the filing fee or request a fee waiver if eligible

• Someone over 18 who is not part of the case must hand-deliver the documents

• The server completes a proof of service that must be filed with the court

• Specialized service rules apply for spouses living out of state, abroad, incarcerated, or in the military

• The respondent has 30 days to file a response

• Failure to respond may result in a default divorce

• Both spouses must exchange financial forms within 60 days

• Disclosures include income, assets, debts, and expenses

• A second round of disclosures may be required in some cases

• Uncontested divorce cases typically settle through a marital settlement agreement or mediation

• Contested divorce cases proceed through discovery, negotiation, hearings, and possibly trial

• Initial filing: File petition and summons for divorce in California (day 0)

• Serving spouse: Allow about 1–2 weeks to serve divorce papers

• Response period: Your spouse has 30 days to respond to the divorce in California

• Financial disclosures: Both parties must exchange financial information within 60 days of filing for divorce in California

• Uncontested divorce in California: If both parties agree on all major issues, a divorce in California can be finalized in about 6 months (the mandatory waiting period), assuming paperwork is complete and there are no complications

• Contested divorce in California: If you cannot agree on key issues, a divorce in California may take 1–3+ years, including discovery, mediation, hearings, and possibly a trial

• Initial filing fee for divorce in California: typically $435–$450

• You may qualify for a fee waiver if you have limited income or financial hardship in a divorce in California

• Additional court costs or local surcharges may apply, depending on your county and specific case

• Uncontested divorce in California: around $1,000–$5,000+ in legal fees

• Contested divorce in California: often $5,000–$50,000+, depending on how many issues are disputed and whether the case goes to trial

• Hourly rates for California divorce attorneys: typically around $200–$500+ per hour

• Service of process: about $50–$300, depending on whether you use a sheriff, professional process server, or specialized service

• Mediation (if you pursue divorce in California through mediation): often $500–$5,000+, depending on the number of sessions and the mediator’s rates

• Court-ordered evaluations or experts (custody evaluators, financial experts, etc.): costs vary widely based on the type and scope of evaluation

• Pursue an uncontested divorce in California when possible

• Use mediation or other alternative dispute resolution instead of full litigation

• Gather and organize your own financial documents in advance

• Agree on as many issues as you can before filing for divorce in California

• Consult a California divorce attorney early to avoid errors that can lead to extra hearings, delays, or additional fees