Divorce

To file for divorce in California, either you or your spouse has to have lived in California for the past 6 months and in your current California county for the past 3 months. 

When you file forms with the court, you'll pay a Court fee between $435 and $450 to start the case.

Once you file your papers, you must have someone deliver a copy to your spouse. 

Serving court papers is the official legal way to let someone know you started a court case.

If you need something before you have an agreement - like spousal support or child custody - you can ask the court to make a temporary decision (issue an order) about your finances or family situation while the divorce is on-going.

If your spouse never filed a Response and the two of you do not have an agreement (you're getting a default divorce), you can tell the court in writing what you want without your spouse's input. The court will still need to approve what you ask for.

To finish the divorce, you must

• Share financial information with your spouse

• Make an agreement about how to split your property, handle finances, and care for and support your children. If you can't agree or your spouse won't participate, the court can decide for you. 

• Submit final paperwork to the court so your divorce can become final

By law, the divorce can't be final for at least 6 months (called a waiting period). 

To finish your divorce or legal separation, you need to decide how you'll divide property and debts​, whether anyone will pay spousal support​, and how you will care for and support your children (if you have them).

You can do this by working with your spouse (or domestic partner) to reach an agreement. If you can't agree you can ask the court to decide.