The short answer: California has a mandatory waiting period that no one can shorten. The court cannot end your marriage until at least six months after the other spouse is served with the divorce papers (or formally appears in the case) (Family Code § 2339). So even if both of you agree on everything, the marriage cannot legally end in less than six months. The court filing fee is currently $435 (Riverside, San Bernardino, and San Francisco counties differ slightly because of local surcharges; see the statewide fee schedule effective January 1, 2026). Attorney fees are a different story. They depend heavily on whether you and your spouse disagree, and the range is wide.
What do you need to file for divorce in California?
- Residency: At least one spouse must have lived in California for 6 months and in the county where you file for 3 months (Family Code § 2320; also explained on the California courts self-help site).
- Grounds: California is a no-fault state. You only need to state "irreconcilable differences." You do not have to prove adultery or other wrongdoing, and an affair generally does not change the equal division of property.
- Haven't met the residency requirement yet? You can file for legal separation first and amend it to a divorce petition once you qualify.
What are the steps in a California divorce?
- File the papers. The filing spouse (the Petitioner) files a Petition (form FL-100) and a Summons (FL-110) and pays the filing fee. The fee is $435 (per the statewide fee schedule). If you cannot afford it, you can ask for a fee waiver.
- Serve your spouse. Someone who is at least 18 and is not a party to the case must deliver the papers to the other spouse. You cannot serve them yourself. If your spouse lives abroad, international service rules apply, and it usually takes longer.
- The response. The other spouse (the Respondent) generally has 30 days to file a Response and pay the fee. If they do not respond, the Petitioner can ask for a default.
- Financial disclosures. Both spouses must exchange financial disclosures covering income, expenses, assets, and debts (Family Code §§ 2104, 2105). This is a critical step in a California divorce. Leaving something out or hiding it can have serious consequences.
- Temporary orders. If you need temporary child support, temporary spousal support, or a custody and visitation schedule while the case is pending, you can ask the court for temporary (pendente lite) orders.
- Negotiation, mediation, or trial. If you reach an agreement, you sign a Marital Settlement Agreement and submit it to the court. If you cannot, the court will set mediation and trial, and a judge will decide.
- Judgment. Once the six-month waiting period has passed, disclosures are complete, and every issue has been resolved, the judge signs the judgment. The marriage ends on the date stated in the judgment.
So how long does a California divorce actually take?
| Situation | Typical timeframe | Notes |
|---|---|---|
| Both spouses agree on everything | A little over six months at minimum | Limited by the six-month waiting period, plus court scheduling and whether your paperwork is complete |
| Some disputes, resolved through negotiation or mediation | Often around a year | Depends mainly on how complex the property is and whether there are child-related issues |
| Case goes to trial | Can run more than one to two years | Court backlogs vary by county |
These ranges reflect general experience, not a promise. In some cases, a court can also end the marital status after six months and leave property, support, and other issues for later (called bifurcation). It is a more involved step, and whether it makes sense depends on your situation.
Six months is the floor. When cases drag on, it is usually because of disagreements over property or the children, or because financial disclosures are slow to come in.
You may also qualify for a summary dissolution if all of the following are true: you were married less than five years before separating; you have no minor children and no one is pregnant; neither of you owns any real estate (except a lease that ends within one year and has no option to buy); marital debts (not counting car loans) are no more than $7,000; community property (not counting vehicles and related debt) is under $57,000, and each spouse's separate property is also no more than $57,000; both of you give up spousal support; and you have exchanged financial disclosures. These conditions and figures come from court form FL-800 (November 2024 version). The numbers are adjusted from time to time, so check the court's most current form.
Starting January 1, 2026, couples who don't qualify for summary dissolution but agree on every issue can file a joint petition (Form FL-700, SB 1427). A joint petition is treated as served the moment it is filed (Family Code § 2331(b)), so no separate service is needed. You still have to exchange financial disclosures, sign a written agreement, and wait the full six months. The court fee for a joint petition is $870, which covers both spouses' first-appearance fees (item 99 on the statewide fee schedule).
How much does a California divorce cost? Which costs are fixed?
- Court fees: $435 for the Petitioner's filing and $435 for the Respondent's Response ($870 total for a joint petition). Add service costs, copies, mediation, appraisals, and other expenses.
- Attorney fees: These vary widely depending on whether there are disputes, how complex the case is, whether children are involved, and whether you go to trial. We don't list specific numbers here because lawyers and cases are billed differently. The practical step is to ask at your consultation how billing works: hourly or flat fee, and how much the retainer is.
- Other professional fees: Appraisals (real estate, a business, stock options), accountants, and custody evaluations, depending on the case.
More disputes and a longer case usually mean higher costs.
Beyond the billing method, ask what situations would drive costs up, such as extra service attempts if your spouse doesn't respond, hiring an appraiser, or multiple court hearings. Knowing these variables up front gives you a realistic sense of the total, rather than just the first retainer payment.
How is property divided? What does "community property" mean?
California is a community property state. Property either spouse acquires during the marriage is presumed to be community property (Family Code § 760) and is generally divided equally at divorce (Family Code § 2550). Property owned before marriage, and gifts or inheritances received during the marriage, are usually separate property (§ 770).
"Presumed" means the property is treated as community property unless someone proves it is separate. That makes evidence important. Keep pre-marriage bank statements and any documents showing a gift or inheritance.
Common sticking points in real cases:
- Commingling: You bought a house before marriage, then paid the mortgage together after the wedding. How is it divided? How do you trace separate versus community funds?
- Business interests and stock options: These need to be valued, and someone has to figure out which portion was earned during the marriage.
- Overseas assets: Real estate, bank accounts, or business interests in China or another country. A California court usually cannot transfer title to foreign property directly, but it can issue orders against a spouse or offset the value with other assets. Disclosing and valuing overseas assets tends to be harder.
- Date of separation: The date of separation determines whether income earned afterward counts as community property, and it is often disputed.
How are child custody and child support decided?
California courts decide legal custody (decision-making authority) and parenting time (the actual time each parent spends with the children) based on the best interests of the child. There is no default rule favoring mothers.
Child support follows a statewide formula (Family Code § 4055): CS = K[HN − (H%)(TN)]. HN is the higher earner's monthly net disposable income, H% is the percentage of time the higher earner has the children, TN is the parents' combined net income, and K is a factor based on income level. For two children the amount is multiplied by 1.6, for three by 2, for four by 2.3, and the multiplier keeps rising for more children. Use the official child support calculator to get an actual figure.
The formula is only a starting point. The final number also depends on how income is determined and how parenting time is set up, and the two sides' competing accounts of those facts are often where the dispute lies. The clearer the children's day-to-day schedule, the easier it is to reach a stable arrangement.
How is spousal support calculated?
- Temporary support while the case is pending: There is no statewide statutory formula. Some county courts use the Santa Clara County approach: 40% of the higher earner's monthly net income minus 50% of the lower earner's monthly net income. This is a court convention, not a statute, and it varies by county, so check your county's practice.
- Long-term support after divorce: There is no set formula. The judge weighs the factors listed in Family Code § 4320, including the length of the marriage, the marital standard of living, each spouse's earning capacity, whether one spouse gave up a career to care for the family, and age and health.
- Marriages of 10 years or more: These are generally considered "long-duration" marriages. Under Family Code § 4336, the court usually keeps jurisdiction to modify support later, which does not necessarily mean support lasts forever. For marriages under 10 years, people often use half the length of the marriage as a rough guide. That is a rule of thumb with no legal basis; the judge relies on the § 4320 factors.
What goes wrong when couples sign their own agreement without a lawyer? (Anonymous example)
This is a common scenario and not based on any specific client. A couple has been married for many years. One spouse mainly took care of the home and children; the other owns shares in a company and real estate back in China. They both want to part on good terms, so they sign a simple agreement without lawyers, and it never addresses how to value the company shares or what happens to the property in China. A few years later, the company is sold, and the first spouse realizes the agreement never covered it. By the time they try to raise a claim, they are in a weak position. Full financial disclosure and a thorough written agreement can usually prevent this kind of problem.
The scenario above is for illustration only and does not represent the outcome of any specific case.
What can you do before starting a divorce?
- Gather your marriage certificate, recent tax returns, bank and investment statements, real estate and mortgage documents, business records, and insurance and retirement account information.
- Figure out your date of separation, and don't move or hide assets before getting advice.
- If you have children, think through their day-to-day schedule first.
- If either spouse is not a U.S. citizen, find out whether immigration status could be affected (see the companion article in this series, Does Divorce Affect a Green Card Holder's or International Spouse's Immigration Status?).
Frequently asked questions
1. Do I really have to wait six months to get divorced in California?
Yes. The six months run from the date the other spouse is served or appears in the case, whichever comes first. Neither the spouses' agreement nor a judge can shorten it.
2. Can I get divorced if my spouse doesn't agree?
Yes. California is a no-fault state. As long as one spouse states irreconcilable differences, the other spouse cannot stop the divorce. Refusing usually just makes the case more contentious and more expensive.
3. My spouse is in China and won't cooperate. Can I still get divorced in California?
If you meet California's residency requirements, you can usually file here, but service has to follow the rules. Whether the court can decide property and support depends on your spouse's connections to California. That is a complicated question that needs an attorney's evaluation.
In practice, an uncooperative spouse makes service and the rest of the case take longer. It helps to gather your spouse's address, contact information, and any known asset information as early as possible.
4. Will China recognize a California divorce?
That involves procedures in China, usually authentication and recognition steps. We recommend consulting a lawyer in China or the relevant Chinese authorities.
5. What is the filing fee for a divorce?
Under the California courts' statewide fee schedule effective January 1, 2026, the fee for the initial petition (Form FL-100) is $435, and the Respondent's Response is also $435. Riverside, San Bernardino, and San Francisco counties differ slightly because of local surcharges. A joint petition is $870 and covers both spouses. If you cannot afford the fee, you can apply for a fee waiver.
Main sources
- California Family Code § 2320
- Family Code §§ 2331, 2339: § 2331; § 2339
- Family Code §§ 760, 770, 2550 (community and separate property): § 760; § 770; § 2550
- Family Code § 2104 (financial disclosures)
- Family Code § 4055 (child support formula)
- Family Code §§ 4320, 4336 (spousal support): § 4320; § 4336
- SB 1427 (joint divorce petition, effective January 1, 2026)
- California courts statewide civil fee schedule (effective January 1, 2026, including family law filing fees and the joint petition fee)
- California court form FL-800, Joint Petition for Summary Dissolution (November 2024 version)
- California courts self-help: Summary Dissolution
- California courts self-help: Joint Petition for Divorce (FL-700)
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