• What is Collaborative Divorce?
    ▼
    • What is Collaborative Divorce?
    • Why Use Collaborative Divorce?
    • About Collaborative Divorce California
    • For Collaborative Professionals
  • Divorce Options® Workshops
    ▼
    • About Divorce Options® Workshops
    • Find a Divorce Options® Workshop
  • Testimonials
  • FAQs
  • Blog
  • Find a Professional
    ▼
    • All Professionals
    • Attorneys
    • Financial Professionals
    • Mental Health Professionals
    • Practice Groups
    • For Collaborative Professionals
  • Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Select State

  • Alabama
  • Alaska
  • Arizona
  • Arkansas
  • California
  • Colorado
  • Connecticut
  • Delaware
  • Florida
  • Georgia
  • Hawaii
  • Idaho
  • Illinois
  • Indiana
  • Iowa
  • Kansas
  • Kentucky
  • Louisiana
  • Maine
  • Maryland
  • Massachusetts
  • Michigan
  • Minnesota
  • Mississippi
  • Missouri
  • Montana
  • Nebraska
  • Nevada
  • New Hampshire
  • New Jersey
  • New Mexico
  • New York
  • North Carolina
  • North Dakota
  • Ohio
  • Oklahoma
  • Oregon
  • Pennsylvania
  • Rhode Island
  • South Carolina
  • South Dakota
  • Tennessee
  • Texas
  • Utah
  • Vermont
  • Virginia
  • Washington
  • West Virginia
  • Wisconsin
  • Wyoming

Collaborative Divorce California

Options for Divorce in California

Collaborative Near Me

  • What is Collaborative Divorce?
    • What is Collaborative Divorce?
    • Why Use Collaborative Divorce?
    • About Collaborative Divorce California
    • For Collaborative Professionals
  • Divorce Options® Workshops
    • About Divorce Options® Workshops
    • Find a Divorce Options® Workshop
  • Testimonials
  • FAQs
  • Blog
  • Find a Professional
    • All Professionals
    • Attorneys
    • Financial Professionals
    • Mental Health Professionals
    • Practice Groups
    • For Collaborative Professionals

What Are the Requirements For A Divorce in California

July 11, 2022 By Lynette Kim

A divorce generally begins in California when one party files a divorce petition in the court.  There is a filing fee, but if one cannot afford it, one can apply for a waiver.

Divorce in California

California is a no-fault state, which means one does not have to prove your spouse did anything wrong.  You can get a divorce even if your spouse does not want one.

There are some steps you must take and requirements you must meet.

Steps for Getting a Divorce in California

Residency requirements. To file a petition for divorce, you or your spouse must have lived in the state for at least six months, and one of you must have lived in the county where you file the petition for at least three of those six months immediately prior to the filing of the petition.

Filing and serving the petition. Once you file your divorce petition, you have to have your spouse personally served with papers.  This is the official way to let your spouse know that you have filed a divorce petition.  Another way of serving your spouse with divorce petition is to have your spouse sign a Notice and Acknowledgement of Receipt acknowledging the receipt of divorce documents.  This not only avoids incurring a cost for process service but also eliminates the unpleasantness of being served in person with divorce documents.

Preliminary Declaration of Disclosure. Whether or not you are divorcing through traditional litigation or going through divorce mediation, you will each be required to serve the other party with what is called a Preliminary Declaration of Disclosure (information about your financial assets). California is a community property state, which means that all assets the two of you accumulated during your marriage belong equally to both of you.  Locating and sharing all financial information is important so that you can both be informed and work towards an equitable division of the assets.

Settlement Agreement and Parenting Plan. You will work together to come to a settlement agreement which will include the division of assets, child support, and spousal support.

A parenting plan will provide details of how you and your spouse plan on parenting together and include which home is the children’s primary residence, who has decision-making authority, and more.

If there are any issues you cannot agree on, the court will schedule a hearing, evaluate evidence from both of you, and make the final decision for you.  In divorce mediation, you and your spouse can work out the details of a settlement without court intervention.

Submit final paperwork. If you come to an agreement without court intervention, you can submit your final agreement to the court for its approval.  When the court approves it, the agreement becomes the court’s order aka your divorce decree.

How long does it take? By law, the earliest a divorce can be final is six months after the divorce petition has been served on the other spouse.  It often takes much longer than that depending on potential complications which could involve children and financial assets.

Contact Us for Assistance with Your Divorce

No matter where you are in the divorce process, at Kim Mediation and Law Center, we can help you find your way to a peaceful divorce. Contact us to schedule a consultation.

Filed Under: Blog Tagged With: California, Divorce, Requirements

About Lynette Kim

Lynette Kim is a Los Angeles based Collaborative Attorney and Mediator. A child of divorce herself, Lynette understands the emotional and psychological impact divorce can have on children and is encouraged by her experience with helping families preserve relationships through non-adversarial means of ending a marriage.
Lynette’s Profile | Lynette’s Website

What our clients are saying…

Anonymous Client

I know people who paid like ten times more than we did and got a lot less, and they’re still fighting.  All of us have the piece of paper, but me, I’ve got peace of mind.

View Our Testimonials

Primary Sidebar

divorce Options Workshops

Divorce Options®

Workshops

Find a class
in your area

Meet Our Professionals

Wendy Jones

Have you read?

Is There Such a Thing as a Collaborative Prenup?

When people think about Premarital Agreements (prenups), they think about divorce planning, about … [Read More...]

Categories

  • Blog
    • Collaborative Divorce
    • Divorce Options®
    • Mediation
  • Popups
  • Uncategorized

Footer

Collaborative Divorce California

Find a Professional Near You

Admin Offices

2872 Ygnacio Valley Road
#401
Walnut Creek, CA 94598
(925) 338-9550

  • Facebook
  • LinkedIn
  • Twitter
  • YouTube

For Collaborative Professionals

A Service of CPCal

Copyright © 2023 Collaborative Divorce California · All Rights Reserved

· · ·

Website Design by The Crouch Group

Log in