What you would
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At least one spouse must have lived in California for the six months before filing and in the county where the case is filed for the three months before filing. If you do not meet that yet, you can often file for legal separation and later ask to change it to a divorce once the residency requirement is met.

No. California is a no-fault state. A divorce is usually based on irreconcilable differences, so neither spouse has to prove wrongdoing.

In an uncontested divorce, the spouses agree on all terms, such as property, debts, support and children, and put that agreement in writing for the court. In a contested divorce, at least one issue is disputed, and the spouses negotiate, mediate or ask the court to decide.

Legal separation lets the court decide property, support and custody while you stay legally married. Some people choose it for personal or religious reasons, or because they do not meet the residency requirement for divorce yet. Unlike a divorce, it does not end the marriage.

The earliest a divorce can become final is six months after the other spouse is served with the petition or files a response, whichever happens first. Uncontested cases can often be finished soon after that; contested cases usually take longer.

Not always. In many uncontested cases, the judgment is submitted on paper and approved without a trial. Contested issues may require hearings. Your attorney can tell you what to expect in your county.

California distinguishes legal custody (decisions about health, education and welfare) and physical custody (where the child lives). Parents can agree on a parenting plan. If they cannot, the court decides based on the child's best interests, usually after mediation or child custody recommending counseling.

California uses a statewide guideline formula. It mainly considers both parents' incomes and how much time the child spends with each parent. The court generally follows the guideline amount.

If parents cannot agree on custody or visitation, California courts require them to meet with a court mediator or child custody recommending counselor before a judge decides. Mediation for property and support is voluntary but often helpful.

As a general rule, property and debts acquired during the marriage, until the date of separation, are community property and are divided equally. Property owned before the marriage or received as a gift or inheritance is usually separate property. Mixed assets can be complicated.

The part of a 401(k), IRA or pension earned during the marriage is generally community property. Dividing it often requires a special court order sent to the plan administrator.

It depends. Temporary support may be ordered while the case is pending. Longer-term support depends on factors such as the length of the marriage, each spouse's earning capacity and the standard of living during the marriage. Marriages of ten years or more are treated as marriages of long duration.

Both spouses must exchange a declaration of disclosure, listing assets, debts, income and expenses, before the divorce can be finalized. This applies even when you agree on everything.

No. Evenpart is operated by Omnilex AG, which is not a law firm and does not give legal advice. We connect you with independent family-law attorneys licensed in California. The attorney you engage is responsible for the legal services.

Usually an attorney represents only one spouse. In an uncontested divorce, one spouse often engages an attorney and the other reviews the agreement with their own attorney or represents themselves. A neutral mediator can work with both of you but does not represent either of you.

The first call is free. If you go ahead, the independent attorney quotes the scope and a flat fee in writing before any work starts. Court filing fees are separate and paid to the court. More on the pricing page.

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