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California No Fault Divorce Laws

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    Jurisdiction

    • California requires people seeking divorce to reside in the state at least six months before filing. The person filing must also reside in a county three months before filing there. If both parties still live in California, they may file in the county where either person lives.

    Requirements for a No-Fault Divorce

    • California residents seeking a no-fault divorce must cite irreconcilable differences when filing. California law defines irreconcilable differences as any reasons for which it is impossible to continue the marriage, and divorce is the best option. California does not require residents to explain or prove these irreconcilable differences in court.

    Property Distribution

    • California is a community-property state. This means spouses will receive an equal percentage of the marital property unless they agree to a different arrangement. California assumes all property acquired or used during the marriage is community property unless one spouse contests this assumption. Ways to prove property is not community property is with a deed to prove it belongs to one spouse or with a written agreement between the two spouses.

    Child Custody

    • California will determine custody of any minor children if an agreement cannot be reached between the divorcing couple. California considers many factors when determining child custody. Factors include health and welfare of the child, history of abuse by either spouse, history of substance abuse and the child's relationship with both parents. California courts can award joint custody or sole custody, and they can award visitation rights to a non-custodial spouse.

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