Family, Divorce & Safety · Divorce and separation
Divorce and legal separation basics
In this guide
- California is a no-fault state: a divorce can be granted based on irreconcilable differences.
- Divorce requires residency in California for 6 months and in the county for 3 months; legal separation does not.
- The earliest a divorce can become final is six months after the waiting period begins.
Divorce, legal separation and annulment
A divorce (dissolution) ends a marriage or registered domestic partnership. A legal separation resolves property, support and custody issues without ending the marriage. An annulment declares a marriage legally invalid and is available only on specific grounds.
Residency
To file for divorce in California, one spouse generally must have lived in California for 6 months and in the filing county for 3 months. Legal separation has no residency requirement.
How a divorce generally proceeds
- Petition. One spouse files a Petition (form FL-100) and Summons (FL-110), or, starting in 2026, both spouses who agree on all terms can file a Joint Petition (FL-700).
- Service and response. The other spouse is served and generally has 30 days to file a Response (FL-120).
- Financial disclosures. Both spouses exchange sworn disclosures of income, expenses, property and debts. This step is required even when both agree.
- Agreement or trial. Spouses can reach a written agreement, use mediation, or ask the court to decide unresolved issues.
- Judgment. The court enters a judgment. Marital status ends no earlier than the waiting period allows.
Time frames
- Residency for divorce: 6 months in California and 3 months in the county
- Response after service: generally 30 days
- Waiting period: marital status can end no sooner than 6 months after the respondent is served or appears (or after filing, for a joint petition)
Filing fees apply, and fee waivers are available. Each county has a Family Law Facilitator who helps with forms at no cost.
Common questions
Does the divorce end automatically after six months?
No. Six months is the earliest date. The divorce is final only when a judgment is entered and that date has passed.
Official sources for this guide
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