California Divorce Laws & Requirements (2026)

If you're researching a divorce in California, here are the core 2026 rules that shape the process, residency, grounds, property division, cost, and the waiting period, in plain English.

Residency requirement

You (or your spouse) generally need to have lived in the state for at least six months (and the county for three) before you can file in California.

Grounds for divorce

California allows a no-fault divorce (the ground is "Irreconcilable differences"), so you don't have to prove fault. Fault grounds may also exist, but no-fault is simplest for an agreed divorce. Cal. Fam. Code § 2339 sets the 6-month waiting period.

How property and debts are divided

California is a community-property state: assets and debts acquired during the marriage are generally split equally, though you can agree on a different division.

Waiting period and where to file

Expect a six-month waiting period after your spouse is served. You file the Petition, Form FL-100 (or joint Form FL-700) with the Superior Court in your county; the filing fee is $435 per spouse (2026); couples who agree can file one joint petition, Form FL-700, for a single $435 fee.

The uncontested path

When you and your spouse agree, an California divorce becomes paperwork rather than a court battle, faster, far cheaper, and usually without a lawyer.

This guide is general information, not legal advice, and rules change, always confirm current requirements with your county court or a licensed attorney. When you start with us, your forms and checklist are tailored to your state and county automatically.

Frequently asked questions

How much does a divorce cost in California in 2026?

Preparing an uncontested divorce in California with SimplyDivorceOnline is a flat $149, plus your county court's filing fee ($435 per spouse (2026); couples who agree can file one joint petition, Form FL-700, for a single $435 fee). That's a fraction of hiring an attorney, which commonly runs $10,000+ for a contested case.

How long does a divorce take in California?

Most people finish the paperwork in a weekend. After you file, California generally requires a six-month waiting period after your spouse is served, usually the biggest factor in your overall timeline.

Do I need a lawyer to get divorced in California?

No. If you and your spouse agree on the terms, you can file an uncontested divorce in California yourself using the correct court forms. A lawyer is mainly worth it if your case is contested or involves complex assets, a business, or a custody dispute.

Can I get divorced in California if my spouse won't cooperate?

Yes. California, like every state, allows a no-fault divorce, so your spouse cannot block it. If they don't respond after being properly served, the court can grant a default divorce.

Where do I file for divorce in California?

You file with the Superior Court in the county where you (or your spouse) live, using the Petition, Form FL-100 (or joint Form FL-700). Your county clerk processes the case; California's official court website has current forms and fees.