Please note: local and state laws change constantly. This information is for educational purposes only. We do our best to keep this up-to-date, but please contact us to discuss your unique situation. See the Wevorce website to contact local offices for help with divorce in San Francisco, San Jose, Palo Alto, Oakland, or the South Bay.
Getting Divorced in California
According to California State Code, the following are grounds for legal separation or divorce:
- Irreconcilable differences, which have caused the irremediable breakdown of the marriage.
- Incurable insanity. A marriage may be dissolved on the grounds of incurable insanity only upon proof, including competent medical or psychiatric testimony, that the insane spouse was at the time the petition was filed, and remains, incurably insane. No dissolution of marriage granted on the ground of incurable insanity relieves a spouse from any obligation imposed by law as a result of the marriage for the support of the spouse who is incurably insane, and the court may make such order for support, or require a bond therefor, as the circumstances require.
Waiting Period
No judgment of dissolution is final for the purpose of terminating the marriage relationship of the parties until 6 months have expired from the date of service of a copy of summons and petition or the date of appearance of the respondent, whichever occurs first.
The court may extend the 6-month period for good cause shown.
Same Sex Marriage
Same sex marriage is legal in the State of California.
Residency Requirement
A judgment of dissolution of marriage may not be entered unless one of the parties to the marriage has been a resident of this state for six months and of the county in which the proceeding is filed for three months next preceding the filing of the petition.
A judgment for dissolution, nullity, or legal separation of a marriage between persons of the same sex may be entered, even if neither spouse is a resident of, or maintains a domicile in, this state at the time the proceedings are filed, if the following apply:
- The marriage was entered in California.
- Neither party to the marriage resides in a jurisdiction that will dissolve the marriage. If the jurisdiction does not recognize the marriage, there will be a rebuttable presumption that the jurisdiction will not dissolve the marriage.
The superior court in the county where the marriage was entered will be the proper court for the proceeding. The dissolution, nullity, or legal separation will be adjudicated in accordance with California law.
California Divorce Laws and Marriage Laws
You can find a complete listing of the California divorce laws by searching “divorce” here.
California Divorce Information by County
