California Divorce Lawyers
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Last updated: May 2026 — Reflects California Family Code dissolution provisions and procedural rules in effect as of January 1, 2026.
California is a no-fault divorce state. Under Family Code § 2310, the sole ground for dissolution of marriage is irreconcilable differences — neither party is required to prove wrongdoing, adultery, or fault to obtain a divorce. Fault is not considered in property division, spousal support determinations, or custody decisions.
California divorce proceedings are governed by the California Family Code and heard in the Family Law Division of the Superior Court of each county. Los Angeles Superior Court — the largest trial court in the United States — operates one of the busiest family law divisions in the country.
For a comprehensive overview of all California family law matters — including custody, support, domestic violence, and premarital agreements — see our California Family Law guide.
Residency Requirements
To file for dissolution in California, at least one spouse must have been a resident of California for six months and a resident of the county in which the petition is filed for three months immediately preceding the filing under Family Code § 2320. If residency requirements are not yet met, a legal separation may be filed immediately and converted to a dissolution once residency is established.
The Six-Month Waiting Period
California imposes a mandatory six-month waiting period from the date the respondent is served with the petition before a dissolution can be finalized under Family Code § 2339. This is the earliest possible date — not the typical timeline. Most contested dissolutions take substantially longer, depending on the issues in dispute and the court's calendar.
The six-month period begins on the date of service of the Summons and Petition on the respondent, not on the date of filing. Ensuring proper and timely service is an important early step that an experienced dissolution attorney manages as a matter of routine.
Contested vs. Uncontested Divorce
Uncontested Dissolution
An uncontested dissolution occurs when both spouses reach an agreement on all issues — property division, spousal support, child custody, and child support — without court intervention. The parties submit a Marital Settlement Agreement (MSA) to the court for approval. Once the judge signs the Judgment of Dissolution, the marriage is terminated.
An uncontested dissolution can be finalized as soon as the six-month waiting period has elapsed, the required financial disclosures have been exchanged under Family Code § 2104, and the court has approved the settlement. Even in an uncontested matter, an attorney ensures the MSA is drafted correctly, all community property is properly characterized, and the judgment includes the necessary terms to avoid future disputes.
Summary Dissolution
A summary dissolution is a simplified procedure for short marriages with limited assets and no minor children under Family Code § 2400. Eligibility requires all of the following: the marriage lasted five years or less, no children were born or adopted during the marriage, neither party owns real property, total community property assets do not exceed $47,000, and neither party has separate property exceeding $47,000. Both parties must agree to the dissolution and file jointly.
Contested Dissolution
A contested dissolution involves disputed issues that require judicial resolution — typically custody arrangements, characterization of assets as community or separate property, valuation of business interests, spousal support duration and amount, or allocation of debt. Contested matters proceed through mandatory financial disclosure, discovery, mediation, and — if unresolved — trial.
Contested dissolutions in Los Angeles Superior Court typically take one to three years from filing to judgment. Complex high-asset cases involving business valuations, real estate appraisals, or pension division can take longer.
Community Property Division
California is one of nine community property states. Under Family Code § 760, all property and debt acquired by either spouse during the marriage — regardless of whose name it is titled in — is presumed to be community property subject to equal division upon dissolution.
Separate property — assets owned before marriage, or acquired during marriage by gift or inheritance — remains the property of the owning spouse under Family Code § 770 and is not subject to division.
Commingling occurs when separate and community property become mixed — for example, when separate property funds are deposited into a joint account and used to purchase community assets. Tracing commingled assets requires detailed financial records and often expert testimony from forensic accountants.
Common community property assets requiring careful attention in dissolution include:
The family home — often the largest single asset, requiring agreement on whether to sell, buy out the other spouse, or defer sale pending the children reaching adulthood under a deferred sale of home order (DOSHO) under Family Code § 3800.
Retirement accounts — 401(k)s, pensions, IRAs, and CalPERS accounts accumulated during the marriage are community property to the extent of contributions made during the marriage. Division requires a Qualified Domestic Relations Order (QDRO) or, for public pensions, a DRO specific to the plan.
Business interests — a spouse's ownership interest in a business acquired or grown during the marriage has a community property component. Valuation requires expert appraisal and analysis of goodwill — both personal and enterprise.
Stock options and RSUs — unvested equity compensation is subject to apportionment between community and separate property portions under the time-rule formula established in In re Marriage of Nelson.
Spousal Support
Temporary Spousal Support
Temporary spousal support can be ordered at any time during the dissolution proceeding on a notice motion. California courts use a guideline formula — typically based on the higher-earning spouse's net income minus a percentage of the lower-earning spouse's net income — to calculate temporary support. The DissoMaster software used by California family courts generates the guideline figure.
Permanent Spousal Support
At judgment, the court determines long-term spousal support based on the factors enumerated in Family Code § 4320 — the marital standard of living, each party's earning capacity, the length of the marriage, each party's age and health, domestic violence history, and the supported spouse's ability to become self-supporting within a reasonable period.
For marriages of long duration — generally ten years or more — California courts retain jurisdiction over spousal support indefinitely under Family Code § 4336 unless the parties stipulate otherwise. For shorter marriages, support is typically awarded for approximately half the length of the marriage, though this is a guideline, not a statutory rule.
High-Asset Divorce in California
High-asset dissolutions require specialized expertise beyond standard dissolution practice. Issues that arise specifically in complex cases include business valuation methodology disputes, characterization of appreciation in separate property businesses, division of executive compensation, including deferred compensation and carried interest, real property held in trust or LLC structures, offshore assets and foreign accounts, and tax consequences of proposed property divisions.
Forensic accountants, business valuators, and real estate appraisers are commonly retained as experts in high-asset cases. A vetted dissolution attorney coordinates the expert team and ensures the discovery process captures all assets subject to disclosure under California's mandatory preliminary declaration of disclosure rules.
The Mandatory Financial Disclosure Process
California requires both parties to complete a Preliminary Declaration of Disclosure (PDD) and Final Declaration of Disclosure (FDD) — sworn schedules of all assets, debts, income, and expenses — under Family
Code § 2100 et seq. Failure to disclose assets is fraud on the court and can result in the non-disclosing party being required to convey the entire undisclosed asset to the other spouse under Family Code § 1101.
The disclosure process cannot be waived in an uncontested case. Both parties must serve the PDD before any settlement agreement is enforceable.
Frequently Asked Questions — California Divorce
What is the fastest way to get divorced in California?
The minimum is six months from the date of service of the petition under Family Code § 2339 — there is no way to shorten this period. Within that constraint, the fastest path is an uncontested dissolution where both parties agree on all terms and submit a Marital Settlement Agreement for court approval as soon as the waiting period expires. A summary dissolution — available for short marriages with limited assets and no children under Family Code § 2400 — follows the same six-month timeline but with simplified paperwork.
Can I get divorced without my spouse's agreement in California?
Yes. California allows one spouse to obtain a default divorce if the other spouse fails to respond to the petition within 30 days of service. After the default is entered and the six-month waiting period has passed, the petitioner may submit a proposed judgment and obtain a dissolution without the respondent's participation. The court will award the petitioner what they requested, subject to review for compliance with community property law and child support guidelines.
How does California divide retirement accounts in divorce?
Retirement accounts — including 401(k)s, IRAs, pensions, and CalPERS — accumulated during the marriage are community property to the extent of contributions and earnings attributable to the marriage period. Division requires a Qualified Domestic Relations Order (QDRO) for private retirement plans or a domestic relations order (DRO) for public pensions. The QDRO must be approved by the plan administrator and the court. Dividing a pension without a properly drafted QDRO can result in loss of the awarded benefit.
What happens to the family home in a California divorce?
The family home is typically the largest community asset and requires one of four outcomes: sale and equal division of net proceeds, one spouse buying out the other's community interest, a deferred sale arrangement (DOSHO) under Family Code § 3800 allowing the custodial parent to remain until the children reach 18, or agreement that one spouse retains the home as part of an overall property settlement. If the home has separate property equity — from a down payment made with pre-marital funds — that separate property contribution must be reimbursed before the community equity is divided equally.
Is California a 50/50 divorce state?
California applies equal division to community property — each spouse is entitled to one-half of all community property assets and is equally responsible for community debts. However, not all property in the marriage is community property. Separate property — owned before marriage, or acquired by gift or inheritance — is not divided. The characterization of assets as community or separate is frequently the most contested issue in California dissolution proceedings.
What is a legal separation versus a divorce in California?
A legal separation allows spouses to formally separate and resolve all property, support, and custody issues through a court order without terminating the marital status. The parties remain legally married. A legal separation is chosen when spouses want to live separately but maintain health insurance coverage through the other spouse's employer plan, have religious objections to divorce, or have not yet met California's residency requirements for dissolution. A legal separation can be converted to a dissolution at any time.
DISCLOSURE: 1000Attorneys.com is a California State Bar–certified Lawyer Referral and Information Service (LRIS #0128), accredited by the American Bar Association. Attorney referrals are provided for general legal matters. We do not provide legal advice. The content on this page is for informational purposes only and does not constitute legal advice or create an attorney-client relationship. Divorce proceedings are time-sensitive and highly fact-specific. Consult a qualified California divorce attorney before making any decisions about your case.
California Divorce Lawyer Referrals.
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