This guide covers divorce filing, custody arrangements, and family law specific to California (CA). Laws, programs, and resources vary by state, and this page focuses on what California residents need to know.
Divorce Filing Requirements
California has specific residency requirements before you can file for divorce. You must meet these requirements before the court will accept your petition.
California recognizes both fault and no-fault grounds for divorce. The most common ground used is irreconcilable differences or irretrievable breakdown of the marriage.
Property Division
California follows community property rules for dividing marital assets. This means most property acquired during the marriage is split 50/50.
Separate property -- assets owned before marriage, gifts, and inheritances -- is generally not divided. However, commingling separate property with marital funds can change its classification under California law.
Child Custody
California courts make custody decisions based on the best interests of the child. Factors include each parent's relationship with the child, stability of the home environment, and the child's own preferences if old enough.
California recognizes both legal custody (decision-making authority) and physical custody (where the child lives). Joint custody arrangements are common but not automatic.
Spousal Support
Alimony in California is not guaranteed. Courts consider factors including the length of the marriage, each spouse's earning capacity, age, health, and the standard of living established during the marriage.
California may award temporary support during the divorce process, rehabilitative support to help a spouse become self-sufficient, or long-term support in cases of lengthy marriages.
Next Steps for California Residents
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