Divorce comes with a lot to consider, so it’s no wonder that it can feel overwhelming, especially when you first get started. California has decades of divorce law that determines the rights of each spouse, how to divide marital property, child custody decisions, and whether either spouse will be granted child support or spousal support.
Divorce issues can get nuanced and complex, with rules that could affect your rights and obligations in ways that are not always obvious on the surface. Below are 8 of the most common issues that arise in divorce, along with how California family courts handle them. It is important to understand how these laws affect you so that you can take effective steps to protect what matters most. An experienced divorce attorney can help you apply these rules to your specific circumstances and guide you on strategic decisions to move you closer to your goals.
Did you know? California has a fairly low divorce rate, ranking 37th out of 50 states at 5.9 divorces per 1,000 people as of 2024. This is compared to Oklahoma, which has the highest divorce rate of 9.7, and Washington, D.C., which has the lowest rate of 4.9. California is also among the top 10 states with the highest average age at first marriage, at 31.1 years for men and 29.4 years for women as of 2021.
1. No-Fault Divorce State
Like most of the country, California is a no-fault divorce state. If you want to end your marriage, you do not have to show wrongdoing. You can simply claim “irreconcilable differences,” which means your relationship has reached a point where it cannot be repaired.
In a no-fault divorce, conduct like infidelity or abandonment does not play a role in big decisions like property division, support payments, or child custody. Accusations about past behavior generally won’t affect these outcomes either, unless the conduct rises to the level of abuse. The role of California family courts is not to weigh who caused the marriage to end, but instead to focus on resolving any outstanding financial or family issues.
For many people, no-fault divorce is a relief. Instead of hashing out past personal conflicts, you can move forward and focus on your future. That said, no-fault divorce does not mean your case is simple. Even when you don’t have to argue over blame, you must still address issues around property division, support payments, and child custody. Emotions can still run high, and disagreements can shift from personal issues to financial concerns or parenting arrangements.
2. Community Property State
California law classifies marital property as either “community” or “separate” property. Community property generally covers any assets or debts acquired during the marriage, and is jointly owned by both spouses, regardless of whose name is on the account or title. In the event of a divorce or separation, community property is split equally between spouses.
Separate property, on the other hand, remains the property of the original owning spouse, even in the case of divorce. This could apply to assets like inheritances, individual gifts, or debts you may have from before your marriage. However, separate property can get commingled with community property, which can make splitting assets more difficult.
For example, if you purchased a house before your marriage, that property is separate property. But if you or your spouse paid the monthly mortgage with income you received during the marriage, the house may develop a community property interest subject to division.
In California, the way your property is classified makes a big difference in how it gets split in a divorce. In a worst-case scenario, you may think you own 100% of an asset, only to find out you own 50%. An experienced divorce attorney can analyze your assets and debts so that you are not giving up more than the law requires. The stakes can be high in these types of discussions because they tend to involve your savings, your home, and your long-term financial security.
3. LGBTQ+ Family Rights
In California, LGBTQ+ families get the same rights as heteronormative couples when it comes to marriage, divorce, adoption, child custody, and spousal support. California courts don’t treat cases any differently based on sexual orientation or gender. Your marriage, your financial rights, and your parental rights are recognized under the same legal framework as any other family.
According to recent census data, Los Angeles County has the largest number of same-sex households in the country, with San Francisco and San Diego not far behind. Other counties, including Riverside and Alameda, are also high on that list.
That being said, some LGBTQ+ families face issues that require closer attention; for example, when your relationship began before marriage equality became law or if your parental roles were not formalized early on, parentage could come up as a question. This is particularly true when one parent is not biologically related to the child or if an adoption was not completed. However, if you’ve acted as a parent and shared responsibility for your child’s upbringing, it matters. An experienced family law attorney can help clarify your rights, address any gaps in documentation, and make sure your family’s rights are fully recognized under California law.
4. Residency Requirements
You must meet specific residency requirements before you can file for divorce in California. These rules are important because they determine whether California family courts have the authority to hear your case. If you don’t meet these requirements, you may have to delay your filing, even if you and your spouse agree on everything else.
In order to file for divorce, either you or your spouse must have:
- Lived in California for at least 6 months, and
- Lived in the county where you file for at least 3 months.
If you recently moved to California or your spouse lives in another state, these rules can affect your divorce timing and strategy. Depending on your situation, you may be able to file for a legal separation first, then file for divorce later, once you’ve satisfied the residency requirements.
5. Mandatory Waiting Period
Even if you and your spouse agree on everything, California imposes a mandatory 6-month waiting period before a divorce is finalized. The waiting period begins either when your spouse is formally served with divorce papers or when they file a response – whichever comes first.
For divorcing couples, it’s important to keep this mandatory waiting period in mind because:
- Your marital status won’t legally change until the waiting period ends.
- You can still address financial and parenting orders during this time.
- Your agreements won’t take effect as a final judgment right away.
The waiting period can feel frustrating, especially when you are ready to move forward with your life. Still, it gives both sides time to resolve any remaining issues and finalize agreements without rushing decisions with long-term effects. While your case is pending, temporary court orders can provide structure and stability until your divorce terms are finalized.
6. Spousal Support (Alimony)
Spousal support, or alimony, is meant to address any financial imbalances between spouses during and after their divorce. California law takes into consideration multiple factors to determine whether either spouse will pay support and how long those payments may last:
- How long you were married
- Each spouse’s income and earning potential
- Your standard of living during the marriage
- Any contributions by one spouse to the other’s career or education
- Each spouse’s personal financial needs and obligations
The court may give a temporary support order while your divorce is pending, which is then followed by a more “permanent” or long-term arrangement once your case is finalized. Spousal support can play a big role in your financial independence and long-term planning, so it’s important to work with an attorney for an arrangement that accurately reflects your contributions to the marriage, your needs, and your ability to move forward financially after the divorce.
7. Determining Child Custody
If you have children, custody can be one of the most personal and emotionally charged parts of your divorce. As a baseline, California courts base any custody decisions first and foremost on your child’s best interests – supporting their health, safety, stability, and overall well-being. Unless there’s a threat of abuse or domestic violence, courts believe it is in a child’s best interests to maintain a healthy relationship with both of their parents.
There are two types of custody: legal custody, which gives you decision-making authority over important aspects of your child’s life, and physical custody, which determines where your child lives. When determining custody, California family courts consider:
- Each parent’s ability to provide a stable and supportive environment,
- Your child’s existing routines and ties with their school or community,
- Each parent’s history of caregiving responsibilities, and
- Each parent’s willingness to support their child’s relationship with the other parent.
Custody decisions can shape your relationship with your child for years to come, so it’s important to approach custody arrangements with clear planning and informed legal guidance to help ensure that your voice is heard. Your attorney can help you work towards a custody arrangement that reflects your child’s best interests while preserving your role as a parent.
8. Child Support
If you are divorcing with children, child support is meant to help ensure that their financial needs are met in both households after the split. Similar to child custody decisions, courts prioritize your child’s best interests when considering child support, along with other factors like each parent’s income and earning capacity, how much time the child spends with each parent, and health insurance costs and other child-related expenses.
Similar to spousal support arrangements, you may run into disputes over calculating each parent’s income, especially if either of you gets compensated with bonuses or other types of assets like stock options. Child support orders and custody schedules can also be adjusted over time as you and your child’s circumstances shift, such as when they naturally grow older, or if you experience job or life changes. A knowledgeable family lawyer can help calculate an accurate support arrangement that is reflective of your child’s actual needs, while at the same time, protecting you from obligations that don’t match your financial reality.
At Moradi Neufer, our experienced California family law attorneys can help you navigate these issues effectively and with the sensitivity they deserve. Contact us now to get started.
Common Questions:
- How long does a divorce take in California?
At a minimum, it takes 6 months. California has a mandatory “cooling-off” period that begins once the non-filing spouse is officially served. Even if you agree on everything on day one, the court cannot legally restore your status as a “single person” until this 6-month window closes.
- I just moved here. Can I file for divorce right away?
Not quite. To file in California, at least one spouse must have lived in the state for the last 6 months and in the county where you are filing for the last 3 months.
- What is “Community Property” and how is it split?
California is a community property state, meaning the law presumes a 50/50 split of all assets and debts acquired during the marriage (from the date of marriage to the date of separation). This includes wages, houses, and even retirement accounts.
- Is my inheritance considered community property?
Generally, no. Inheritances and gifts received by one spouse—even during the marriage—are considered separate property. However, if you deposited your inheritance into a joint bank account used for family expenses, it might be “commingled,” making it harder to claim as 100% yours.
- Can I get a divorce even if my spouse refuses to sign?
Yes. One person cannot “trap” another in a marriage in California. If your spouse refuses to participate, you can eventually obtain a “Default Judgment,” where the court grants the divorce based on your requests because the other party failed to respond.
