California Family Laws

Filing fee for dissolution of marriage in California Superior Court. Fee waivers are available for those who qualify.

At least one spouse must have been a California resident for at least 6 months and a resident of the filing county for at least 3 months.

California has a mandatory 6-month waiting period from the date the respondent is served. The divorce cannot be finalized until at least 6 months after service.

Courts consider the health, safety, and welfare of the child, any history of abuse, the nature of contact with both parents, and substance abuse issues. There is no preference for either parent based on gender.

All property acquired during marriage is presumed community property and is divided equally (50/50) upon divorce. Separate property (owned before marriage, or received by gift or inheritance) remains with the owning spouse.

Courts consider the standard of living during marriage, duration of marriage, earning capacity, domestic violence history, and other factors. For marriages under 10 years, support is generally limited to half the length of the marriage.

California uses a statewide guideline formula based on both parents' net disposable incomes and the percentage of time each parent has custody. The formula is mandatory unless special circumstances justify a departure.

Victims of domestic violence can obtain a restraining order requiring the abuser to stay away, move out of the home, and surrender firearms. Emergency protective orders are available through law enforcement 24/7.