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Divorce in California

A divorce in California can’t be final until at least 6 months have passed.[1] One spouse must have lived there 6 months before filing.[2] It is a community property state.[3] No-fault divorce is available.[2] Each rule below links to the official text it comes from.

Waiting period
6 months

All divorces (not legal separation)[1]

Residency before filing
6 months

6 months (state) + 3 months (county)[2]

Court-roster mediators per 100,000
5.1

1,997 listed · U.S. 8.3[6]

Key facts: divorce in California

Waiting period6 months[1] details ↓
Residency requirement6 months (state) + 3 months (county)[2] details ↓
No-fault divorceYes[2] details ↓
Property divisionCommunity property[3] details ↓
Court mediation for custodyRequired[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?

  1. 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.”
  2. 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”
  3. 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.”
  4. 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]

    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.”
  5. 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.”
  6. Court mediation fees

    Not yet verified

    Start with this official source.

  7. 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.”
  8. 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.

    Alimony in California, with the statute quoted →

  9. 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]

Talk it through with a court-listed mediator in California

A mediator is a neutral who helps you and your spouse reach your own agreement on property, support and parenting time. Every mediator we list comes from an official court or government roster, with the source on the profile.

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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]

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