Just like every marriage is different, couples seeking a divorce in California will encounter a unique set of circumstances to formally end their relationship. Divorce is not easy, and you will encounter financial, social and emotional challenges along the way, even if you are ready and motivated to go through the process.
To help ease your stress and concerns, you need to arm yourself with good information to help you better understand what you are about to go through. That’s the purpose of this guide which will help you understand many of the common issues that come up about getting a divorce in California.
Because every divorce is unique, it’s impossible to answer every question you might have. You should seek additional information from a variety of places, including attorneys, online resources, from friends and relatives who have gone through a divorce, and others who will be able to help get you through this difficult time.
But to start, here are many of the things that are common in a majority of divorce situations in California.
In California, married couples can end their marriages in three possible ways. Each of these has their own special requirements and rules, and a good basic understanding of these options is a good place for you to start.
Legal Separation. When a marriage is no longer working and one spouse moves out of the home, couples may consider themselves separated. While this is physically the case, they are not legally separated, and there is a big difference between the two.
A legal separation must be granted by the courts, just like a divorce. Custody, asset division, and support issues are worked out. And this eases the bond of marriage without totally severing it. The couple remains married, but in a much more relaxed and distant way.
It should be noted that legal separation does not always lead to divorce. In fact, it may be a much-needed time out that allows two people to try and resolve their issues in a less intense environment.
Stepping away can often times bring added perspective about what a couple will lose in a marriage and possibly give them time to heal from the issues that caused their marriage to come under stress.
There are financial benefits as well, such as being able to keep health insurance, or by continuing to file as a married couple on tax returns. Also, when a couple is legally separated, each person is responsible for their own financial decisions and is not responsible for those that the other person makes.
If a person is not a U.S. citizen, and they get a divorce, they run the risk of deportation. But with a legal separation, a noncitizen can still stay in the country even if they don’t live with their spouse.
Annulment. When a couple is granted an annulment, their marriage is considered null and void. Basically, this means that both people can move forward with their lives as if their marriage never happened.
Some people choose this option for religious reasons. For example, the Roman Catholic Church does not recognize divorces and an annulment is the only officially sanctioned way to end a marriage. In some cases, when a Catholic person gets a divorce, they may be denied certain religious rights, and any future marriages will not be recognized because in the eyes of the church, that person will still be considered to be married.
In California, annulments may be granted for several reasons. Those can include incest, bigamy, being under 18 when the marriage took place, a former spouse resurfaces after missing for more than five years, unsound minds by one or both spouses (either because they are cognitively disabled or were married under the influence of excessive drugs or alcohol), fraud (to obtain a green card, a concealed pregnancy, concealing a serious criminal record, etc.), or being forced or coerced into marriage against a person’s will.
Divorce. Divorce in California is permanent and straightforward in that a couple only need to cite irreconcilable differences to end their marriage.
Assuming all requirements are met, the couple will divide assets, resolve child custody and support issues, and other related concerns, and ultimately have the courts agree to issue a final decree that permanently and legally separates the couple.
When it comes to divorce, California is a “no-fault” state.
This means that the person filing for divorce does not need to prove that the other party did anything wrong. They only need to cite “irreconcilable differences” as the grounds without going into any further details.
Irreconcilable differences means that the marriage has broken down and is not able to be repaired or salvaged. This simplifies the process versus those states that have fault-based divorces, where one spouse can claim adultery, cruelty, desertion or other reasons for seeking a divorce.
In a fault state, the reason for the divorce may impact how marital property or alimony issues are handled.
The only other grounds for divorce in California is incurable insanity. This requires proof, including medical or psychiatric testimony that at the time the divorce petition was filed the spouse was insane and will remain incurably insane.
Deciding which type of divorce is right for you is the single-most important decision you’ll make during the divorce process (other than deciding to get a divorce in the first place).
There are only two ways that you reach a final resolution in California:
The type of divorce sets the frameworks for how you get to a final resolution. The process you and your spouse choose sets the tone and shapes the outcome of your divorce.
It’s incredibly important to remember that there is no “best” option here. Each type of divorce has it’s own benefits and weaknesses, and it’s up to you to decide which kind will best suit your needs.
Here are the types of divorce:
Learn More: I’ve really just scratched the surface on the types of divorce. For a deep dive into the pros and cons of these options, be sure to check out our guide on the types of divorce .
Although there are many different kinds of divorce in California, the basic process of filing for divorce is pretty much the same no matter type of divorce you choose.
Being organized while pulling together your information is one of the best things you can do to achieve the best possible outcome in your divorce.
By doing so, you can ensure your rights are protected while also saving time, money and anxiety for the next steps in your divorce.
Before you jump in to collecting financial information, take the following steps:
Okay, now it’s time to start gathering your information. Here’s a short-list of what you need:
This is only a partial list. You can check out the complete divorce document checklist here.
Once you have your documentation and know what kind of divorce you will go through, you will need to complete the appropriate forms that you will submit to formally start the process.
If you are working with an attorney, they will assist you with all the aspects of this part of the divorce. You can file papers on your own if your situation dictates, but an attorney will minimize any mistakes, and may save you time and money in the long run.
If you decide to move forward with your divorce by completing forms on your own, then do the best you can in filling out the forms. They will be reviewed by court personnel who will also assist you in making sure they are completed the right way.
What forms you need to complete will be determined by the circumstances of your marriage, but at a minimum, you will need to file the following:
If you have children under age 18 with your spouse or domestic partner, you should complete Form #FL105 which tells the judge who the children have been living with and if any custody orders exist that involve this case.
You may also complete Child Custody and Visiting Application Form #FL-311 which is optional but may help you ensure that you do not leave anything out of your request.
Once your forms have been reviewed and approved, you can officially file them with the court.
If you are initiating the action, you will be known as the Petitioner. If you are the one receiving the forms, you will be known as the Respondent. Unless you can get a fee waiver, you should expect to pay several hundred dollars when you file your paperwork.
After you file your paperwork, you must provide your spouse with a copy of the Petition and a Summons to appear in court. Your spouse will have 30 days to respond to the paperwork.
You cannot give the paperwork directly to your spouse. You must have another adult complete this which is known as “proof of service.” Proof of service can be completed by a process server, a county sheriff or a friend or relative who is at least 18 years old.
California law accepts in-person service, or the service can be completed by mail.
If it is done by mail, then a Notice of Acknowledgement and Receipt (Form #FL-117) must be completed. Service by mail is a good option if your spouse is agreeable to the divorce and wants to expedite the process. Your process server will mail the court papers to the spouse’s home address via certified mail.
Your spouse must complete a Response (Form # FL-120) and the Acknowledgement Receipt (Form #FL-117) and file them with the court.
When your process server has completed delivery of the Summons either in person or by mail, they must sign the Proof of Service of Summons (Form #FL-115), which is then filed with the court. You should file the original in person with the family law clerk at the courthouse and ask for a time-stamped copy to show proof of filing.
In California, several companies offer online divorce services.
Costs will vary based on what specific services the vendor offers. Some will help fill out and review forms. Others will provide tutorials as well as provide other related services.
The best online divorce service to check out is 3 Step Divorce. It is an incredibly comprehensible platform that will be able to cover ALL of your online divorce needs.
Our favorite resource for a fast and effective online divorce is: 3 Step Divorce.
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From step-by-step instructions to unlimited live support, here are just a few of the reasons why 3 Step is our #1 recommended online divorce resource:
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You can file for a divorce on your own. This generally works best when you agree on all the issues with your spouse. Both of you can complete paperwork and submit them on your own.
A judge will review your proposed divorce settlement before signing off on the final decree. But if you are in a divorce situation where you and your spouse have disagreements, you might be wise to retain an attorney to help you work through those issues and protect your rights.
At a very minimum, you will need to pay $435 as the filing fee for a divorce petition.
When a spouse files a response to that petition, the fee is also $435.
There may be other additional fees as well, depending on where you live. In some instances, fees that you would normally pay can be waived if you are getting public benefits, are a low-income person or don’t have enough income to meet your basic living needs and your court fees. To request a waiver, you will need to complete Form FW-001.
If you need to retain an experienced divorce attorney, expect to pay anywhere from $200 to $600 per hour. You will also need to pay some sort of a retainer up front to start the process. If you decide to use a mediator or an arbitrator, expect your costs to be somewhere between $3,000 and $7,000, and possibly more.
When you are seeking outside help, one of the important issues you need to discuss during the vetting process is what all anticipated costs will be. You should be given an itemized list that will help you start to figure out costs of the actual divorce process.
To file for a divorce in California, you or your spouse must have lived in the state for at least the last six months and for at least the last three months in the county where you plan to file for divorce. If you or your spouse have lived in California for at least six months, but in different counties for at least three months, then you can file for divorce in either county.
If you don’t meet residency requirements, then you can file for a legal separation and then file an Amended Petition after enough time has passed to meet the divorce residency requirements for California.
California has a mandatory six month waiting period, so in the best-case scenario, that’s what you can expect.
However, most couples experience delays to one degree or another, and each delay can push the time frame back by weeks or even months. The biggest factor in determining how long your divorce will take is according to the type of divorce you choose.
Uncontested divorces can be finalized in as little as six months, but contested divorces may go one to two years or more.
The other factor that impacts length is how complex your divorce is. For example, if you have children under 18, then you’ll need to work out visitation, custody and support issues. And if you have a large amount of assets, you’ll take more time to figure out a fair and equitable solution.
In cases like this, it is sometimes best to retain the services of a Certified Divorce Financial Analyst to assist you.
Divorcing spouses in [state] often retain a family law attorney to help them through the process. In simple cases, an attorney may be equipped to handle all aspects of the divorce, including the finances.
But if you have a degree of complexity to your financial situation, you might benefit from working with a divorce financial planning expert.
The best professional to help in these situations is a Certified Divorce Financial Analyst (CDFA), and preferably someone who is also a Certified Financial Planner (CFP).
A CDFA has specialized training in the financial and tax implications of divorce and can work with you to help you understand the pros and cons of your options.
If you have financial concerns or are interested in learning more about what a CDFA does, be sure to check out our guide: What is a Certified Divorce Financial Analyst? (and why you need one).
Bifurcation means that both parties in a divorce can legally declared as a single person while the other issues in their divorce are still being worked out.
It does not affect things such as child custody, visitation, child support, alimony or other contentious issues that may have stalled or become major sticking points that are keeping the divorce from being finalized.
The spouse requesting the bifurcation must ask the court for a separate trial that will deal only with the issue of marital status. A judge will not grant a bifurcation trial if the minimum waiting time for divorce in California—six months—has not passed since initial divorce papers were served.
Judges will also demand a strong reason why a spouse is requesting bifurcation. These may include issues such as wanting to file tax returns as “Single” or “Head of Household” or if you want to marry another person.
If you are granted a bifurcation, and you took the last name of your spouse, you can legally restore your name to your maiden name. Another thing to be aware of is that if a spouse maintains health insurance for the other, then he or she must continue to provide coverage, when possible.
If you are the person who filed a petition for divorce in California, you can file a Request for Dismissal, as long as your divorce or separation is not final. To do this, you will need to file Form CIV-110. If you later change your mind and decide you do want to go forward with the divorce, you will need to start the process all over again.
If you are not the person who filed the petition, you cannot stop the divorce process on your own. As long as one side wants to get a divorce in California, the other person cannot stop the process by refusing to participate.
A divorce decree is the court’s final order that terminates a marriage.
It provides a summary of the rights and responsibilities of each party, including financial responsibilities and a division of assets. It also covers child custody, visitation, alimony, child support and other similar issues.
Once the divorce decree is issued, parties are legally free to marry another person. The divorce decree is a legally binding document, and if either party does not meet the requirements and obligations set forth in the decree, the other party can take legal action to correct any deficiencies.
After a final divorce decree is granted, the State of California will issue a Divorce Certificate. The certificate shows minimal information, such as the names of both spouses and the date and place a divorce was granted, but typically no other information.
Rather than having to produce the lengthier divorce decree, a divorce certificate can provide proof of divorce for many legal purposes. It can be used when a person wants to change the name on any state issued documents, or as proof that the person legally has the right to get married again.
You will be presented either an option to restore your former name or request a court order for changing names when preparing your divorce forms.
The name change will be granted as part of your divorce. You can choose to receive a separate court order to make your name change official, or you can have your name change recorded on the final divorce decree. Both of these documents are acceptable for all US agencies and organizations as evidence of your name change.
Just having a court order does not mean your name change has taken effect. You will need to contact all of your organizations to request your records are updated.
It’s best to begin by updating your name with the Social Security Administration . Once complete, you can go on to change names everywhere else .
It takes a long time to reach out to each company and figure out what to send where, so we recommend using an Easy Name Change kit to cut out the 10+ hours of research and paperwork that follows.
Many divorce resources claim that they’re the best. We’ve tested a whole lot of them, and most don’t meet even our basic expectations.
Luckily for you, we’ve found the best ones on the web.
These are the tools and resources we’re excited to share with you because we know they can help you have a better divorce:
Looking for more great tips to help you get through divorce in California? Here are a few of our favorite guides and resources:
Jason Crowley is a divorce financial strategist, personal finance expert, and entrepreneur. Jason is the managing partner of Divorce Capital Planning, co-founder of Divorce Mortgage Advisors, and founder of Survive Divorce. A leading authority in divorce finance, Jason has been featured in the Wall Street Journal, Forbes, and other media outlets. He is a Chartered Financial Analyst, Certified Financial Planner practitioner, and Certified Divorce Financial Analyst. You can email him at jason@survivedivorce.com.
