Key facts: divorce in California
| Waiting period | 6 months[1] details ↓ |
|---|---|
| Residency requirement | 6 months (state) + 3 months (county)[2] details ↓ |
| No-fault divorce | Yes[2] details ↓ |
| Property division | Community property[3] details ↓ |
| Court mediation for custody | Required[4] details ↓ |
| Filing fee | $435–$450[5] details ↓ |
Statutes and court rules as checked October 26, 2026. Not legal advice.
What are the divorce laws in California?
Not legal advice. These are plain-English summaries of California’s statutes and court rules as of the date shown on each; they can change and courts apply them case by case. Read the linked source or ask a lawyer licensed in California.
Waiting period
6 months
A California divorce takes at least 6 months to become final; in a joint-petition case the 6 months run from when the joint petition is filed.[1]
Judicial Branch of California self-help guide, “The divorce process” and “Joint petition” · checked October 26, 2026
Show statute text
“Divorce in California takes at least 6 months to finish.”
“Wait 6 months from when you file the joint petition to be divorced.”
Residency requirement
6 months (state) + 3 months (county)
To start a divorce, one spouse must have lived in California for the last 6 months and in the current county for the last 3 months.[2]
Judicial Branch of California self-help guide, “Divorce in California” · checked October 26, 2026
Show statute text
“Have lived in California for the last 6 months, and Have lived in your current California county for the last 3 months”
No-fault divorce
Yes, no-fault available
California does not require the other spouse's agreement or proof of fault; a spouse can get divorced for any reason.[2]
Judicial Branch of California self-help guide, “Divorce in California” · checked October 26, 2026
Show statute text
“You don’t need your spouse’s agreement to get a divorce. You can get divorced for any reason.”
Property division
Community property
California sorts property into community and separate property; in general each spouse keeps separate property and the community property is split.[3]
Community property in California: the statute quoted →
Judicial Branch of California self-help guide, “Property and debts” · checked October 26, 2026
Show statute text
“California divides property into two categories, community property and separate property. This is how a court will decide how to divide your property. In general, you keep your separate property and split your community property.”
Court mediation for custody
Required
When parents ask the court for custody or visitation orders, they must attend mediation or child custody recommending counseling before seeing the judge.[4]
Judicial Branch of California self-help guide, “Ask for custody and visitation orders” · checked October 26, 2026
Show statute text
“You will have to go to mediation or child custody recommending counseling before you see the judge.”
“Family Code section 3170 requires mediation whenever issues of custody or visitation are in dispute.”
Court mediation fees
Not yet verified
Start with this official source.
Filing fee
$435–$450
The filing fee for a divorce case is $435 to $450; a fee waiver can be requested.[5]
Judicial Branch of California self-help guide, “Fill out and file divorce papers” · checked October 26, 2026
Show statute text
“The filing fee for a divorce case is $435–$450.”
Alimony
Court decides, within limits
California judges set long-term spousal support from the Family Code section 4320 factors; the Judicial Branch says there is no math formula. For marriages under ten years, the starting assumption is that support lasts half the length of the marriage; for longer marriages there is no such assumption.
Divorce rate
No CDC rate for 2024
The CDC’s state table has no 2024 divorce rate for California (its last published rate: 4.3 in 1990). In the Census Bureau’s 2024 survey, 6.2 of every 1,000 women 15 and older in California divorced in the past year (±0.4; U.S. 6.9), a different measure.[7][8]
Divorce rates by state, with sources → · CDC/NCHS NVSS; Census ACS · checked October 27, 2026
Estimate your divorce cost in California: mediation vs. court →
How child support is calculated in California →
Official help: Divorce in California (California Courts Self Help Guide)
Mediators per 100,000: MediationList listings from official court and government rosters in California (1,997) ÷ population (39,431,263, U.S. Census Bureau, Vintage 2024 county population estimates (July 1, 2024)) × 100,000, the same figure as mediator statistics.[6]
Questions about divorce in California
How long does a divorce take in California?
The law sets the minimum, not the total: A California divorce takes at least 6 months to become final; in a joint-petition case the 6 months run from when the joint petition is filed. How long it takes after that depends on whether you agree and on the court's calendar. — Judicial Branch of California self-help guide, “The divorce process” and “Joint petition”[1]
How long do you have to live in California to file for divorce?
To start a divorce, one spouse must have lived in California for the last 6 months and in the current county for the last 3 months. — Judicial Branch of California self-help guide, “Divorce in California”[2]
Is California a no-fault divorce state?
California does not require the other spouse's agreement or proof of fault; a spouse can get divorced for any reason. — Judicial Branch of California self-help guide, “Divorce in California”[2]
Is California a community property state?
Yes. California sorts property into community and separate property; in general each spouse keeps separate property and the community property is split. — Judicial Branch of California self-help guide, “Property and debts”[3]
Is mediation required for custody in California?
When parents ask the court for custody or visitation orders, they must attend mediation or child custody recommending counseling before seeing the judge. — Judicial Branch of California self-help guide, “Ask for custody and visitation orders”[4]
How much does it cost to file for divorce in California?
The filing fee for a divorce case is $435 to $450; a fee waiver can be requested. — Judicial Branch of California self-help guide, “Fill out and file divorce papers”[5]
More
Sources
California’s statutes and court rules, read on the official site, plus federal statistics; each with the date we checked it.
- Judicial Branch of California self-help guide, "The divorce process" and "Joint petition" (California Courts Self-Help Guide)↩
- Judicial Branch of California self-help guide, "Divorce in California" (California Courts Self-Help Guide)↩
- Judicial Branch of California self-help guide, "Property and debts" (California Courts Self-Help Guide)↩
- Judicial Branch of California self-help guide, "Ask for custody and visitation orders" (California Courts Self-Help Guide)↩
- Judicial Branch of California self-help guide, "Fill out and file divorce papers" (California Courts Self-Help Guide)↩
- U.S. Census Bureau, Vintage 2024 county and state population estimates (July 1, 2024)↩
- CDC/NCHS, National Vital Statistics System: Divorce rates by State: 1990, 1995, and 2000-2024↩
- U.S. Census Bureau, American Community Survey 2024 1-year estimates, table https://data.census.gov/table/ACSDT1Y2024.B12503↩