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How to File for Divorce in California

How to File for Divorce in California
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Last Modified on Jan 05, 2026

The breakdown and ending of a marriage is a deeply personal experience that can be challenging to navigate. This unpredictable period may raise questions, particularly regarding the legal steps involved. Golden State residents going through this process may ask how to file for divorce in California.

Look no further than Chase Family Law for a dedicated divorce attorney well-versed in California divorce laws. Such an attorney can guide you through the essential stages of divorce and explain what to expect as you move forward.

Understanding California’s Divorce Requirements

Before you can initiate a divorce, you need to comply with California’s residency requirements. To file in this state, at least one spouse must have lived in California for the last six months and in the specific county where they plan to file for at least the last three months.

The California divorce rate was 7.45 in 2023. California is a no-fault divorce state, which means you do not need to prove that your spouse did something wrong to end the marriage. The most common ground for divorce is “irreconcilable differences.” This reason indicates that the marriage cannot be repaired.

The Divorce Process

The spouse who files for divorce and the spouse responding to the petition are both required by law to provide detailed financial information. This is known as the “preliminary declaration of disclosure.” Both parties must give a truthful and thorough accounting of all assets, debts, income, and expenses.

This transparency is imperative to the fair division of community property, along with the determination of spousal and child support. By the end of the divorce process, you and your spouse must resolve all key issues, including:

  • Property and debt division. Since California is a community property state, assets and debts acquired during the marriage are generally subject to equal division.
  • Child custody and visitation. You and your spouse should create a parenting plan that prioritizes the children’s best interests.
  • Child support. The amount of child support one spouse must pay is calculated in accordance with state guidelines, taking into account each parent’s income and time with the children.
  • Spousal support. Alimony amounts depend on various factors, including the length of the marriage and each spouse’s financial situation.

If you can agree on everything, you can file an uncontested divorce by submitting a written agreement to the court for approval. If you cannot agree, your case is considered “contested,” which may require you to attend mediation or proceed to court for a judge to decide the case.

Hire a Divorce Lawyer

Going through a divorce involves complex legal procedures and emotional decisions. Hire a divorce lawyer to handle this process correctly and protect your rights. An experienced attorney can do the following:

  • Provide invaluable guidance.
  • Manage all paperwork.
  • Negotiate on your behalf.
  • Represent you in court if necessary.

Why Choose Chase Family Law?

When you are facing a divorce, you need more than just legal representation. You need a compassionate and dedicated ally. With our attorney, Brian N. Chase, as your advocate, you can obtain a fair settlement and avoid costly mistakes.

Brian N. Chase’s ability to achieve positive resolutions with skill and integrity is recognized with his 2019 appointment as Family Law Commissioner for Kings County.

This firm focuses exclusively on family law, allowing our attorney to demonstrate his deep understanding of the nuances of California divorce laws and the state’s legal system. For over thirty years of handling thousands of divorces, Mr. Chase has provided personalized attention to every client, recognizing and respecting that every divorce is unique.

FAQs

How Long Do You Need to Be Separated to Get a Divorce in California?

There is no specific length of time you need to be separated to get a divorce in California. You can begin the process at any time as long as you meet the state’s residency requirements. This includes living in California for six months and in your current county for three months.

What Is the Fastest Way to Get Divorced in California?

The fastest way to get divorced in California is through a “summary dissolution” or an uncontested divorce where both parties agree on all terms. Summary dissolution is a simplified process for couples who meet specific criteria, like having been married for less than five years and not having children.

For other couples, the quickest path may be reaching a full agreement on property, support, and custody without court intervention. This avoids lengthy and costly litigation.

How Much Does It Cost to File for a Divorce in California?

The cost to file for a divorce in California varies. On top of any court filing fee, there may be additional expenses, including the following:

  • Fees for serving papers
  • Mediation costs
  • Attorney fees based on your case’s complexity

An uncontested divorce is typically less expensive than a contested one that goes to trial. Fee waivers are available for parties who cannot afford the court filing fee.

What Is the First Step in Filing for Divorce in California?

The first step in filing for divorce in California is making sure you meet the residency requirements. Once confirmed, you must complete and file the Petition for Dissolution of Marriage and issue a Summons.

You can file this paperwork with the superior court in your county. In Kings County, California, for instance, the superior court is located on Kings County Drive in Hanford. These documents formally open your divorce case with the court and initiate the legal process.

Your Path Forward After Divorce Starts Here

A divorce is a significant life transition. While the legal process can seem overwhelming, obtaining guidance from a divorce attorney and understanding the steps involved can make this experience easier.

Each stage, from filing the initial petition to receiving the final judgment, is designed to ensure a fair and equitable resolution. An experienced divorce attorney is an essential partner in this process, as they can provide the support and knowledge needed to protect your future. If you are ready to begin, contact Chase Family Law today for a confidential consultation.

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