Divorce In California | California Courts | Self Help Guide

So, what’s a divorce?

Divorce is a legal way to end a marriage or domestic partnership. After a divorce, you’re no longer married. In your divorce case, the judge can make decisions about things like money, property, and children.

📌 You don’t need your spouse’s agreement to get a divorce. You can get divorced for any reason.

Domestic violence and safety

Divorce can be stressful. It can be unsafe if there’s domestic violence or abuse.

⚠️ If you’re in immediate danger, call 911.

Domestic violence isn’t just physical harm. It can include threats, stalking, sexual abuse, controlling money, or trying to isolate you from others.

📌 Your safety and your children’s safety come first.

You don’t have to start or finish a divorce if it’s not safe.

Domestic violence can affect:

• Child custody and visitation

• Who stays in the home

• How papers are served 

• Whether the court makes special safety orders

Get help and protection

• Learn about domestic violence

• Ask for a domestic violence restraining order

• Get free help from the National Domestic Violence Hotline

💬 Free, confidential help is available 24/7, even if you haven’t filed for divorce.

Which option is right for you?

Divorce

The most common way to end a marriage or domestic partnership in California.

In this option, 1 spouse starts the case, and the other spouse responds. You don’t have to agree on everything to file.

Good option if:     •    Only 1 of you wants the divorce, or     •    You don’t agree on issues, like your kids or moneyLearn more about divorce

Divorce by joint petition

A newer option where you and your spouse file for divorce together.

You both agree to get divorced and start the case at the same time by filing a joint petition. This option can be simpler and may use fewer steps than a traditional divorce.

Good option if:

• You both want the divorce

• You’re willing to work together

• You agree (or expect to agree) on things like property, money, and parenting

📌 You still have to meet all legal requirements for divorce, including the waiting period.

Learn more about divorce by joint petition

Summary dissolution

A faster, simpler way to get divorced or end a domestic partnership. It costs less and uses fewer forms.

Not everyone qualifies, but if you do, this may be a good option.

Good option if:

• You've been married less than 5 years

• You don’t have much property or debt

• You don’t have children together

Learn more about summary dissolution

Legal separation

If you can’t or don’t want to get a divorce, you can ask the court for a legal separation. This lets you divide property and finances and get court orders about money or parenting.⚠️ Legal separation doesn't end your marriage.Learn more about legal separation

Annulment

An annulment is when a judge decides your marriage or partnership wasn’t legally valid from the start. If you get an annulment, it’s like the marriage never happened.Learn more about annulment

Can you get a divorce in California?

To start a divorce case in California, one of you must:

• Have lived in California for the last 6 months, and
• Have lived in your current California county for the last 3 months

There are other requirements for  same sex couples  and  domestic partners. Learn more

Same-sex couples

If you married in California but now live in a state that doesn’t let same-sex couples get divorced, you can file for divorce in the California county where you got married.

The court can end your marriage, but it may not be able to make decisions about property, support, or children. Talk to a lawyer to learn more.

Domestic partners

If your domestic partnership is registered in California, you don’t need to meet the usual residency rules to file for divorce here.

But if neither of you lives in California now, the court may not be able to make orders about property, support, or children.

If your domestic partnership isn’t registered in California, you’ll need to meet the residency requirement to file.

❌ If you don’t meet the requirements

You can either:

• Wait until you meet the requirements, or
• Start with a legal separation and switch to divorce later

Learn more about legal separation

✅ If you meet the requirements

Great! You can start your divorce case. Find your next step below. ⬇️