California Divorce

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How is alimony determined in California?

Spousal support or alimony paid after a California divorce doesn’t follow a specific formula. Instead, it is estimated based on a set of 14 different factors, ranging from the length of the marriage to the marital standard of living. Most ex-couples use the guideline formula (from temporary support calculation) as a starting point to negotiate a post-divorce support agreement because it’s easier and less emotional than digging into each of the factors.

How long does alimony last in California divorce?

Again, it depends. You can agree with your spouse on a length of time. Generally, California divorce guideline says that if you were married less than 6 years, support may only last as long as your divorce takes. If you were married 6-10 years, alimony in California could last the length of your marriage. Once you have been married for 10 years or more in California, the court has the discretion to set support for as long as needed.

The Ins-and-Outs of Divorce Mediation in California

What is divorce mediation?

Mediation is a process that allows you to sit down with your spouse and a mediator to resolve issues outside of the court system. The mediator strives to help each party see the other’s point of view, encourages low-conflict decision-making, and aims to reach equitable resolutions.

Who uses mediation for California divorce?

Mediation works best for separating couples who share the common goal of reaching a resolution that feels fair while saving time and money. Most importantly, both spouses must be able to act in good faith and be transparent with their finances. For the spouse who says mediation is a waste of time and money, the average cost of California divorce (per person) is approximately $25,000.

Who provides mediation in California?

One of the best ways to find a suitable divorce mediator is to use Hello Divorce’s mediation services. We can show you what a good mediator looks like and provide you with an economical and speedy way to resolve the divorce issues holding you back from getting your final divorce decree.

Why is mediation an effective way to get divorced in California?

Mediation offers many benefits, the biggest of which is that you retain control over your divorce. You and your spouse will almost always be happier with the outcome if you decide the terms of things like child custody, spousal support (alimony), and property division outside of court.

Typically in divorce, a judge will step in and make important decisions for you and your spouse if you can’t make them on your own. That’s a total loss of control. But when you go to mediation instead of court, you maintain control over the negotiation process. Hence, you’re better able to achieve your divorce goals.

Fast Facts About Divorce in CA

California is a no fault divorce state
You can’t be divorced sooner than 6 months and 1 day from the date the Respondent was served in California
California has mandatory financial disclosures for spouses
Some California counties require both spouses to do financial disclosures, but most only require one
California is a community property state
There can be a lengthy wait time to process paperwork in most California counties
Default with Agreement is a common way for amicable couples to proceed, saving the cost of one parties' filing fee

Frequently Asked Questions about California Divorces

What is the general timeline for divorce in California?

From start to finish, the divorce process in California takes a minimum of six months.

The divorce process takes at least six months from the date the person filing for divorce officially lets their spouse or domestic partner know about the divorce. The case can take longer depending on the different agreements you are working through. But, your California divorce can never take less time than six months.

What are legal separation rules in California?

Legal separation in California is similar to divorce in California. Legal paperwork is required, and a judge may get involved if you and your spouse cannot agree on issues such as property division and child custody.

Unlike divorce, there is no waiting period or residency requirements for legal separation in California.

However, a legal separation in California differs from divorce in that you remain married to your spouse. You cannot marry anybody else if you and your spouse are legally separated in California.

Read about the various options for ending a relationship in California here.

Can my spouse and I just "go to the courthouse together" and file in CA?

It is possible to visit your clerk's office and file your California divorce forms. Generally, however, you will need to serve your forms to your spouse once the initial Petition is processed by the court.

If you have filed for divorce, paid your filing fee, gotten your case number, and filled out and served all your forms correctly, you can go stand in line at the clerk's office and file your California divorce forms. Find our helpful California divorce checklist here.

I'm in California. Can I divorce my spouse if they live in another country?

Yes. Only one spouse needs to be a resident of California for the divorce to be valid, and you can serve your spouse with California divorce paperwork even if they live in another state or country. Hello Divorce can help you with your divorce even if one spouse lives outside the U.S. – sign up for a Plus or Cooperative plan to proceed.

What is a summary dissolution for divorce in California?

Summary dissolution is a divorce process available to California residents who do not have children and have been married for less than 5 years.

Summary dissolution is only available to California residents. It has the same effect as a divorce, but it offers several benefits that a “regular” divorce does not. Notably, it’s a quick(er) and easier process, where effectively you and your spouse jointly petition and agree to several items before you file.

Please read through these qualifications before purchasing to make sure your situation qualifies for Summary Dissolution:

Have been married for less than 5 years (from the date you got married to the date you separated).
Have no children together born or adopted before or during the marriage (and you are not expecting a new child now).
Do not own any part of land or buildings.
Do not rent any land or buildings (except for where you now live with limited exceptions).
Do not owe more than $6,000 for debts acquired since the date you got married (calling “community obligations”)*.
Have less than $47,000 worth of property acquired since the date you got married (called “community property”)*.
Do not have separate property worth more than $47,000.
Agree that neither spouse will ever get spousal support.
Have signed an agreement that divides your property and debts.

*There are some exceptions to the calculation.

Hello Divorce can help with your summary dissolution from start to finish. Click here to see more details.

Do I need an attorney for a military divorce?

Residency requirements might affect when you can file for divorce in California.

If you are filing for divorce in California, one of you must be a resident of the state for at least six months and must have lived in the filing county for at least three months. If you are divorcing a military member who has been stationed in California for at least six months, you can qualify to file for divorce in California.

Note: Every state must abide by the Servicemembers Civil Relief Act, which dictates how to serve a member of the military who is overseas or actively deployed.

Where should I file my divorce paperwork if I live in California?

You can file your divorce paperwork in the county where you live or the county where your spouse lives, as long as you or your spouse have lived in that county for at least 90 days and you or your spouse have lived in California for at least the last six months.

How does the date of separation impact the division of community property in California divorce?

With certain exceptions, the majority of property acquired during the marriage and before separation is presumed to be community property in a California divorce.

Community property is considered to be owned equally and is often divided 50/50 or assigned to one spouse while an asset of equal value or an equalization payment is provided to the other spouse. Even when a property is titled in one spouse’s name only, the court will often divide that property equally unless the opposing party can “trace” its acquisition to a separate source.

If a credit card is maxed out or heavily used before separation, both spouses will likely be responsible for it. Likewise, if an employment bonus is earned before separation, the court will likely order the parties to share it.

If you’re facing a date of separation issue with your case, investigate which property and debt are at issue and whether an alternate date would impact the length of time you would pay or receive spousal support in California.

How long does the divorce process take in California?

In California, the divorce process will take at least six months from the date the person filing for divorce officially lets their spouse or domestic partner know about the divorce. The case can take longer depending on the different agreements you are working through. But, your divorce can never take less time than six months.

If you'd like to download our California divorce flowchart, click here.

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Alimony and Spousal Support in California: Everything You Need to Know

How is alimony determined in California?

How long does alimony last in California divorce?