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To file for divorce in California, either you or your spouse has to have lived in California for the past 6 months and in your current California county for the past 3 months. There are other residency rules for legal separations, same sex couples, and domestic partners.
Getting a divorce in California. Getting a divorce takes at least 6 months. There are 4 major parts of the process and they are the same for couples who are married and for those in a domestic partnership. It's the same process to get a legal separation.
Starts a divorce, legal separation, or annulment case if you are married, registered domestic partners, or both. You must identify all the issues you want to include in your final divorce. Start a divorce: Summons (Family Law) FL-110
California divides property into two categories. To tell the judge what you want to happen, you'll need to understand some legal terms and some California property law. You’ll see terms like separate and community property on many court forms. These are important to know because this is how a court will decide how to divide your property.
Here's a simple view of the steps required to start a divorce case. The process may be different depending on your situation. For example, it’s possible to get a divorce even if the other spouse (or domestic partner) doesn’t respond to the divorce papers.
Legal separation basics. In a legal separation, you stay married but the court divides your property and debts and makes orders about financial support. If you have children together, you can also ask for orders about their care and support. You can ask the judge to make orders about: The division of your property.
Find a specific page or step-by-step instructions within our divorce section. Looking for copies of divorce papers? Contact the court where you or your spouse filed the case.
Sharing information about your finances with your spouse (or domestic partner) is a requirement for getting a divorce or legal separation. This is called disclosure or financial disclosure. The financial documents don't get filed with the court. You just share them with your spouse.
If you don't want (or don't qualify for) an annulment, you can still end your marriage in a divorce. You can also consider a legal separation. Go to Divorce in California to learn about both.
A lawyer or your court's Family Law Facilitator can help you: Calculate spousal or domestic partner support; Figure out how long the support may last and how it may affect your taxes; Prepare court forms