State/Local · July 9, 2026 · The SimplyDivorceOnline Team
How to File for Divorce in California (2026)
California residency rules, the six-month waiting period, no-fault grounds, and where to file, a plain-English guide to an uncontested California divorce.
California is a no-fault, community-property state, and its uncontested divorce process is well-trodden. Here's what's specific to filing there.
Residency requirement
To file in California, one spouse generally must have lived in the state for at least six months, and in the county where you file for at least three months. If you've just moved, you may need to wait to meet this rule.
Grounds
California is purely no-fault. You cite 'irreconcilable differences', there's no need to prove wrongdoing by either spouse.
Property and the six-month wait
California is a community-property state, so assets and debts acquired during the marriage are generally split equally unless you agree otherwise. Importantly, California imposes a mandatory six-month waiting period from the date the responding spouse is served before the divorce can be final, even when everything is agreed.
Where and how to file
You file your petition with the Superior Court in your county and pay the filing fee (a few hundred dollars, with a fee waiver available if you qualify). Your spouse is served and can sign a form accepting service. Once your paperwork and the waiting period are complete, a judge signs your judgment.
The facts here are general guidance, not legal advice, and local courts have their own quirks, always confirm current requirements with your county court. When you start with us, we tailor your California forms and checklist to your county automatically.