1. Which Divorce Filing Route Fits Your Situation?
For marriage dissolution, a spouse generally must meet six-month state and three-month county residency requirements, with statutory exceptions. You can file a regular petition or, under a procedure available since January 2026, start together through a joint petition. The route depends on prospects for agreement.
Start a Regular Divorce Case
- Prepare the Petition (FL-100) and Summons (FL-110).
- Arrange service by an eligible adult who is not a party.
- Expect a Response (FL-120) generally within 30 days of service.
Even without a Response, the court reviews the proposed judgment. See the divorce filing requirements for related issues.
Consider a Joint Petition When Agreement Is Possible
Since January 1, 2026, spouses may file a Joint Petition (FL-700) together without separate service or a Response. They must ultimately agree on every issue to finish through this route. A joint petition does not permit requests for temporary orders; if agreement breaks down, either spouse may revoke it.
2. How Long Does a Divorce Take in California?
Six months is the minimum period before marital status may end, not a promise that the case will finish then. In a regular case, the clock generally starts with service or the respondent's appearance, whichever comes first. For a joint petition, the waiting period starts when the spouses file it.
See Which Event Starts the Waiting Period
| Filing Route | Six-Month Starting Point |
|---|---|
| Regular petition | Service of summons and petition, or respondent's appearance |
| Joint petition | Filing the joint petition, if the joint process remains in effect |
| Either route | A court judgment is required; time alone does not end the marriage |
Regular petition
- Six-Month Starting PointService of summons and petition, or respondent's appearance
Joint petition
- Six-Month Starting PointFiling the joint petition, if the joint process remains in effect
Either route
- Six-Month Starting PointA court judgment is required; time alone does not end the marriage
Family Code § 2339 governs the minimum period. Passage of time alone does not finalize the divorce.
Understand Why Completion Can Take Longer
- Property valuations or disputed retirement accounts remain unresolved.
- Parenting schedules or support terms need further discussion.
- Financial disclosures or judgment documents remain incomplete.
A signed agreement can resolve many disputes, but unresolved issues may require hearings. Certain cases may address marital status separately from outstanding issues.
3. How Are Property and Financial Duties Addressed?
Family Code § 2550 generally requires equal division of the community estate, subject to exceptions and valid agreements. Assets or debts acquired during marriage may be community property, while qualifying premarital property, gifts, and inheritances may remain separate. Tracing matters when money has been mixed.
Identify What Belongs to Each Estate
- Gather deeds, bank statements, retirement records, and debt balances.
- Note acquisition dates, funding sources, and the separation date.
- Flag businesses and accounts containing both separate and community funds.
Equal division does not require splitting every asset in half. A property division review can examine classifications and offsets.
Exchange Financial Disclosures before Judgment
In a regular case, preliminary disclosures generally are due within 60 days of filing the Petition or Response, respectively. Both joint petitioners must exchange preliminary disclosures within 60 days after filing. Each spouse arranges service of financial disclosures and files proof, typically FL-141; final disclosures or a valid waiver must also be addressed.
4. What Should Parents Decide during Divorce?
Parenting arrangements need to address legal custody, physical custody, parenting time, and support. Courts consider the child's best interests, including safety and welfare. A schedule that works on paper may still need adjustment for school and medical appointments.
Prepare a Practical Parenting Plan
- Map school, healthcare, holidays, and transportation needs.
- Document existing parenting arrangements and relevant safety concerns.
- Review any current orders before changing the child's routine.
Parents who cannot agree may need court involvement. See issues often raised in divorce with children.
Distinguish Support from Temporary Orders
Child support generally follows statewide guideline rules; spousal support involves a separate analysis. In a regular case, a spouse may request temporary orders. Joint petitioners must revoke that procedure before seeking temporary orders under the regular process.
5. What Happens If Spouses Cannot Agree?
Disagreement over money or parenting does not necessarily prevent a divorce. Spouses can negotiate disputed terms, try mediation, or ask a judge to resolve them. Agreements still need disclosures and court approval.
Compare Available Resolution Paths
| Approach | What It Addresses |
|---|---|
| Agreement | Both spouses accept written terms for court review |
| Mediation | A neutral helps discuss unresolved issues |
| Hearing or trial | A judge decides disputed matters based on evidence |
Agreement
- What It AddressesBoth spouses accept written terms for court review
Mediation
- What It AddressesA neutral helps discuss unresolved issues
Hearing or trial
- What It AddressesA judge decides disputed matters based on evidence
Choose according to remaining disputes; trial is not inevitable.
Keep Records and Follow Existing Restrictions
- Preserve bank statements, messages, and proposed agreements.
- Follow court orders and applicable summons restrictions.
- Gather evidence before requesting temporary relief.
An attorney can review the documents, filing route, and proposed terms.
6. Frequently Asked Questions
Can I divorce if my spouse refuses to sign?
Yes. In a regular case, refusal does not automatically stop proceedings. Proper service and court approval are still required.
Can I file before meeting the usual residency requirement?
Legal separation may be available first. Certain domestic partnerships and marriages have different rules, so filing eligibility needs review.
Can I stay in our family home during the case?
Possibly. Occupancy depends on circumstances and any temporary orders. Living there does not, by itself, decide ownership.
Do we need to go to trial to finalize a divorce?
Not necessarily. Spouses who settle their issues may submit an agreed judgment for court review without a contested trial.
7. Discuss Divorce Decisions with SJKP
Before you file, questions about housing, household finances, or a parenting schedule may still be unresolved. SJKP's attorneys can review residency, disclosures, proposed agreements, and disputed issues. Bring court papers, financial statements, and existing parenting orders for a focused discussion of your options.
16 Oct, 2026
