California Divorce: What You Need to Know

In California, divorce is simply referred to as the dissolution of a marriage. It is a legal process to end a marriage or a domestic partnership. In the State of California, the Superior Court handles divorce cases in each county. Different counties in the state have distinct divorce processes and procedures. Therefore, each party must seek accurate information about divorce from their local Superior Court clerk.

How Does Divorce Work in California?

In California, the residency requirements for filing stipulate that at least one spouse must reside in the state for at least six months before filing. Additionally, that spouse must have lived in the county where the divorce petition is submitted for at least three months. If these criteria are not met, the couples may decide to file for legal separation. Once they meet the conditions, they may change their filing to a divorce action.

In California, the only grounds required for a divorce proceeding are irreconcilable differences between the couple. The divorce process may differ based on whether the case is contested or uncontested. The state requires that the plaintiff wait six months after serving the other party before the divorce judgment can be finalized.

In an uncontested divorce, spouses usually agree on the custody of their children and the division of their property, usually within a six-month waiting period. As for the contested divorce, the case may last longer and often involves legal hearings, mediations, or trials.

Types of Divorce in California

There are several options for divorce in California, depending on circumstances:

• Uncontested divorce: The spouses have agreed on the custody of their children as well as the division of their property. This process is fast, cheap, and often does not require court appearances.
• Contested divorce: Here, both parties disagree on one or more issues and proceed to a hearing or trial in court.
• No-fault divorce: A common option in California that requires couples to claim irreconcilable differences as grounds for divorce.
• Summary dissolution: A simple and quick way to divorce for couples who meet certain requirements, such as being married for less than five years and having no minor children. They must also agree on the division of their assets and debts.
• Collaborative divorce: In this scenario, the couple voluntarily works with an attorney or a team of professionals to resolve their marital issues.

California Divorce Court Process and Forms

The divorce process in California begins when one party files a Petition for Dissolution of Marriage and a Summons. These documents must be submitted in the Superior Court of the county where one of the spouses lives. Additional forms, like the Declaration Under the Uniform Child Custody Jurisdiction and Enforcement Act Form, are required for divorce cases involving children.

Once filed, the other spouse must be served with a copy of the documents. The other party must file a response form within 30 days. During a divorce case, the spouse who initiates the proceedings must disclose their assets, including income, debts, and property.

A divorce case is uncontested when the spouses submit a request for judgment, judgment of dissolution of marriage, and notice of entry of judgment form. This form allows the case to proceed without a trial in a court. If the divorce case is contested, it then proceeds to mediation or a court trial.

This judge concludes the divorce and sets the terms of child custody, division of assets, and other obligations for all parties.

City- and County-Level Filing Details

In California, divorce proceedings are initiated at the Superior Court level within each county. The following are specific details of some of the largest counties and their respective courthouses in the state:

• Los Angeles County (Los Angeles):
  • Courthouse: Stanley Mosk Courthouse, 111 N. Hill Street, Los Angeles, CA 90012.
  • Services: The court provides online filing access as well as self-help resources on its website.
• San Diego County (San Diego):
  • Courthouse: San Diego Superior Court – Central Courthouse, 1100 Union Street, San Diego, CA 92101.
  • Services: Online forms and e-filing are available to the public, as well as mediation for resolving disputes.
• San Francisco County (San Francisco):
  • Courthouse: San Francisco Superior Court, 400 McAllister Street, San Francisco, CA 94102.
  • Services: The court allows applicants to view records online or in person. Individuals may also file their case online with the court.
• Orange County (Santa Ana):
  • Courthouse: Orange County Superior Court, 700 Civic Center Drive West, Santa Ana, CA 92701.
  • Services: The court offers the opportunity for parties to appear remotely in some cases
• Alameda County (Oakland):
  • Courthouse: Rene C. Davidson Courthouse, 1225 Fallon Street, Oakland, CA 94612.
  • Services: Individuals may schedule an online appointment with the court for family law services.

How to Search for Divorce Records in California

To search for divorce records in California, record seekers must locate the Superior Court Clerk’s Office in the county where the divorce case was filed. They may request copies of the divorce records or decrees:

• At the courthouse: You may obtain copies of divorce decrees by visiting the office of the Superior Court clerk. You may be required to pay a fee for copies of the document.
• Online: Some counties' Superior Courts provide an online portal where individuals may search for case information, including divorce records.
• By mail: Individuals may request copies of divorce records by mail. They must provide details about the case, such as the case number and the names of the parties involved. To request this service, the applicant must ensure that the required fee is included with their submission.

Key Points

• The Superior Courts in each county handle divorce cases in California.
• One of the spouses must reside in California for six months and in the county for three months before filing.
• California is a no-fault divorce state, requiring only “irreconcilable differences” to file.
• A six-month waiting period applies to divorce cases before proceedings may be finalized.
• There are several divorce options, such as uncontested divorce, contested divorce, summary dissolution, collaborative divorce, and legal separation.
• Couples with minor children are required to attend parenting programs or mediation orientation.
• California divorce records are considered public and are available through the county Superior Courts, with many counties offering online case lookup services.