The key points
- Most spouses use the 6-month state and 3-month county residency rule.
- Irreconcilable differences is the usual no-fault ground.
- Both spouses do not need to consent to ending the marriage.
- A complete agreement does not waive preliminary disclosures.
Residency comes before the standard filing
For most married couples, either spouse must have lived in California for the past 6 months and in the filing county for the past 3 months. It does not require both spouses to meet those periods.
The rule has exceptions. California-registered domestic partners do not have the same residency requirement. Certain same-sex spouses married in California may file in the county of marriage if they live somewhere that will not dissolve their marriage. Those cases can raise questions about what orders the court can make.
If your circumstances fall outside the usual rule, read the official instructions or ask for legal help. Do not guess a county based only on where the wedding took place. Once residency is clear, use the filing roadmap to identify the next steps.
No fault is different from no disagreement
California’s usual divorce ground is irreconcilable differences that caused the marriage to break down. Family Code section 2310 identifies that ground. You do not need to prove misconduct to use it.
Either spouse can seek a divorce. The state data does not list a requirement that both spouses consent or live apart for a fixed time before filing.
No fault describes the ground for ending the marriage. Uncontested describes the absence of unresolved issues in the case. A no-fault divorce can still involve disputed property, support, or parenting decisions. The uncontested case guide explains that distinction.
Property, support, and children still need decisions
A divorce involves more than changing marital status. The judgment must address the issues in the case. The petition identifies requests about property, debts, support, and children where applicable.
California’s community property rules affect the division of assets and debts. Sorting community and separate interests can require individual advice, especially with a home, retirement plan, business, or mixed funds. This overview does not tell you what belongs to whom.
If you have children, custody, parenting time, and child support need appropriate terms and attachments. An informal arrangement is not a substitute for a complete judgment package. Read divorce with children for the additional document stages.
Disclosure is a legal step, even in an agreed case
Preliminary financial disclosure is mandatory in a California dissolution. The California data identifies Declaration of Disclosure (FL-140), Income and Expense Declaration (FL-150), and Schedule of Assets and Debts (FL-142) or Property Declaration (FL-160).
Declaration Regarding Service of Declaration of Disclosure (FL-141) records that the disclosure documents were served. The forms have different filing and service instructions. Do not assume that every financial document should be filed publicly simply because it is part of the disclosure set.
Final disclosure can be waived by agreement using FL-144 when the legal conditions are met. That does not waive preliminary disclosure. Check the forms guide and the current court instructions before assembling the packet.
The court controls finalization
For a standard case, Family Code section 2339 requires at least 6 months from service of the summons and petition or the respondent’s appearance, whichever occurs first, before marital status can end. The joint petition has its own filing-based timing instruction.
An agreed case can be presented through declarations and a written agreement for review without a hearing. The court still needs complete final papers and can return them for corrections. Court approval is not automatic.
The final judgment states when the marriage ends. Preparing forms, submitting the petition, and signing an agreement are all earlier events. The timeline guide explains how to keep them separate.
Use the issue-specific articles when the overview is not enough
The grounds article distinguishes irreconcilable differences from agreement about the final terms.
The property and support article addresses community and separate interests, the house, debts, retirement, and support decisions.
If you want to return to a former name, plan for the request in the papers. The name restoration article covers the order and later agency updates.
The Judgment article explains what the final court document contains and why filing a Petition is only the beginning.
Common questions
Does one spouse or both need California residency?
The usual rule can be met by either spouse. For most married couples, one spouse must have lived in California for the past 6 months and in the filing county for the past 3 months. Exceptions require separate attention.
Is California a no-fault state?
Yes. The usual ground is irreconcilable differences under Family Code section 2310. No-fault grounds do not mean all financial or parenting issues are agreed.
Must my spouse agree to the divorce?
California does not require both spouses to consent to ending the marriage. A joint filing and an agreed judgment do require cooperation. If a spouse does not respond or disputes terms, the procedure differs.
Can we skip disclosures if we trust each other?
Preliminary financial disclosures remain mandatory even in an agreed case. Waiving final disclosure through the appropriate process is a different issue. Do not treat trust or an informal agreement as a replacement for the required forms.
Do all counties use the same forms?
California’s Judicial Council forms are used statewide, but courts can require local forms and have different filing arrangements. Check your Superior Court’s current instructions as well as the statewide forms.
Official California references
Requirements and forms can change. Check the current instructions and your local court’s requirements. This page is not an attorney-reviewed legal opinion.