Common Questions, Honest Answers

At a minimum, six months and one day from the date the responding spouse is served with the petition (or files a response). In practice, even uncontested divorces take 6 to 12 months. Contested cases typically run 12 to 24 months, and contested cases that go to trial often take 2 to 4 years.

For property, yes — California is a community property state, meaning anything earned or acquired during the marriage is presumed to belong equally to both spouses and is divided 50/50 at divorce. For custody, no — California uses a best-interest standard, with a preference for frequent and continuing contact with both parents but no automatic 50/50 schedule.

Legally, no. California allows self-represented divorce, and every Superior Court has a Self-Help Center. Practically, it depends on your case. For uncontested divorces with no children and minimal assets, a DIY or low-cost online service can work. For cases involving significant assets, businesses, retirement accounts, or contested custody, the cost of an attorney is almost always less than the cost of mistakes made without one.

Wildly variable. A pure DIY divorce costs only filing fees — about $435 to $450 per spouse, with fee waivers available. An uncontested divorce with attorney help typically runs $3,000 to $8,000 total. A contested case costs $20,000 to $100,000+ per spouse. High-asset cases regularly exceed six figures per side.

Anything you or your spouse earned or acquired during the marriage, from the wedding date through the date of separation. This includes paychecks, the equity that built up in the family home, retirement contributions, debts taken on during the marriage, and the appreciation of assets bought with marital money. It is presumed to belong equally to both spouses regardless of whose name is on it.

Property owned by one spouse before the marriage, plus anything received during the marriage as a gift or inheritance to one spouse alone. Income earned after the date of separation is also separate property. Income from separate property generally remains separate.

The date of separation is the day one spouse expressed the intent to end the marriage and acted on it — defined by Family Code §70 as a complete and final break in the marital relationship. It matters because earnings, debts, and acquisitions after that date are separate property rather than community. Couples sometimes fight over this single date because it can mean tens of thousands of dollars.

California has two kinds. Temporary support, paid while the case is pending, is usually calculated by a county-specific guideline formula (Santa Clara is the most cited: roughly 40% of the higher earner's net minus 50% of the lower earner's net, adjusted for child support). Long-term support, set at judgment, is determined by a judge weighing 14 factors in Family Code §4320 — there is no fixed formula.

Under Family Code §4336, a marriage of 10 years or more is a "long-term marriage" and the court retains jurisdiction over spousal support indefinitely. This does not mean support continues forever — it means the court keeps the power to modify support based on changed circumstances. For marriages under 10 years, support typically lasts about half the length of the marriage.

By a statewide guideline formula under Family Code §4055, run through software like DissoMaster. Inputs include both parents' gross incomes, time-share percentage, tax filing status, health insurance premiums, mandatory retirement contributions, childcare costs, and existing support obligations. The output is presumptively correct; judges deviate from it only in narrow circumstances.

Yes. California is a no-fault state — your spouse cannot prevent the divorce by refusing to consent. If they refuse to file a Response within 30 days of being served, you can request a default judgment. The case proceeds; it just takes a slightly different procedural path.

Depends on its character. If you bought the home together during the marriage, it's community property and the equity is split 50/50. If one spouse owned the home before marriage but marital income paid down the mortgage, the community has a share calculated by the Moore-Marsden formula. The home can be sold and proceeds divided, one spouse can buy the other out, or one spouse can stay under a deferred sale arrangement (especially when children are involved).

A Qualified Domestic Relations Order — a specialized court order required to divide ERISA-governed retirement plans (401(k)s, pensions) at divorce. Without a QDRO, the plan administrator cannot legally split the account. IRAs do not require QDROs but need to be transferred under specific divorce-related provisions to avoid being treated as taxable withdrawals.

Generally no, while the case is pending. The Automatic Temporary Restraining Orders printed on the back of the FL-110 Summons prohibit either spouse from removing the children from California without the other's consent or a court order. After judgment, relocation is governed by the parenting plan and California's move-away case law.

Usually no. California is no-fault — adultery does not affect property division or whether the divorce is granted. It can affect outcomes in narrow situations: if community money was spent on an affair (potentially a breach of fiduciary duty), or if the new relationship affects custody (rarely, and only on specific facts).

By personal service, performed by an adult who is not a party — a process server, a friend over 18, or the sheriff. You cannot serve your spouse yourself. After service, the server signs a Proof of Service (FL-115) which is filed with the court. The 30-day clock for the response begins on the day of service.

File Form FW-001 (Request to Waive Court Fees). Eligibility is based on income, receipt of public benefits, or financial hardship. The waiver covers the filing fee and many other court costs throughout the case.

Legally, yes — California is no-fault and dating during the divorce is not grounds for the court to penalize you. Practically, it can affect custody if the new relationship is unstable or exposes children to a poor situation, and it can complicate spousal support if cohabitation looks established. Most family lawyers advise discretion until the case is final.

Both divide property, set support, and can establish custody — but legal separation does not end the marriage. Some couples choose it for religious reasons, to keep health insurance benefits, or because they don't yet meet California's six-month residency requirement. A legal separation can later be converted to a divorce.

Most California divorces never see a contested hearing. The vast majority settle through negotiation, mediation, or collaborative process, and the judge simply signs the agreed judgment. You will probably never appear in front of a judge if you and your spouse can reach agreement. Contested issues — typically custody, asset valuation, or support — can require hearings and, rarely, trial.

Six months in the state and three months in the county where you file. The two periods do not have to overlap — what matters is the moment of filing. If you don't yet meet residency, you can file for legal separation (no residency requirement) and convert it to divorce once you do.

California imposes a fiduciary duty between spouses (Family Code §721). Hiding income, undisclosed accounts, or transferring community assets can constitute a breach of fiduciary duty, with remedies including the entire undisclosed asset awarded to the other spouse (§1101(g) and (h)). Discovery tools — interrogatories, depositions, subpoenas to financial institutions — are designed to find these things.

Mediation is a process where a neutral mediator helps spouses negotiate agreements. Private mediation is voluntary. Some California counties require Family Court Services mediation before any contested custody hearing. Mediation is typically much faster and cheaper than litigation, and works well when both spouses are negotiating in good faith.

Yes — California allows 50/50 physical custody, and many parents choose it. There is no automatic right or presumption of 50/50, but courts will order it when it serves the child's best interests and the parents can support it logistically. The arrangement requires geographic proximity, schedule compatibility, and cooperative co-parenting.

At minimum: FL-100 (Petition), FL-110 (Summons), and if you have children, FL-105 (UCCJEA Declaration). Within 60 days of filing, you also need FL-142 or FL-160 (Schedule of Assets and Debts), FL-150 (Income & Expense Declaration), and copies of your last two years of tax returns. The judgment package later includes FL-180 and a Marital Settlement Agreement.

Almost never. California prefers self-sufficiency. For marriages under 10 years, support typically runs about half the length of the marriage. For long-term marriages (10+ years), the court retains jurisdiction indefinitely but can — and frequently does — modify or terminate support based on changed circumstances. Permanent lifetime support is rare and usually limited to cases involving age, health, or other inability to become self-supporting.