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Divorce in California


Divorce can be a very stressful time. Not only are emotions high, but divorce can also be very expensive and time consuming. At GetDivorcePapers we are committed to making the divorce process as easy and affordable as possible. Our years of experience has allowed us to streamline the process giving our clients a fast solution to file for divorce in California.

Our process is ideal for couples who are willing to file for an uncontested divorce in California. In most cases we are also able to help you if you do not know the location of your spouse or your spouse is not willing to sign. Our step-by-step process will walk you through everything you need online to file for divorce in California.

Each state has their own set of forms and filing rules. We will provide you with everything you will need to complete your divorce specific for California. We have assisted thousands of people complete their divorce in California. Our caseworkers and customer service staff are available to help you through the process and answer any questions that you have (apart from giving legal advice).

Through our process you can complete everything you need to file for divorce from the comfort of your own home. If you are worried because you have children, assets, debts, are seeking alimony, don't! All of those issues are addressed through our easy online process. You can start and stop the process at any time and all your progress will be saved. You can rest assured that your information is secure with We work hard to ensure that all your personal data is always protected.

Residency Requirements:


To file for divorce, every state requires at least one spouse to be a resident of the state they are filing in. This is to ensure that you are not just picking a state to file in at random to make the process easier.

For couples that want to file for divorce in California, at least one spouse must live in California for at least six months. Along with state residency requirements, California also has county requirements. You or your spouse must live in the county you are filing for three months. If you or your spouse are in the military, one spouse must live or be stationed in California for six months. If you do not meet the residency requirement you can file for a legal separation until you are able to file for divorce.

California Divorce Grounds:


Along with meeting the residency requirement, you must have a ground or reason for filing for divorce. Each state has their own legal grounds for divorce. California is a no-fault state, meaning that neither spouse did anything wrong to cause the divorce.

The no-fault ground for divorce in California is irreconcilable differences causing an irremediable breakdown of the marriage. The other ground for divorce in California is incurable insanity as listed in California Family Code Section 2310.

To file for divorce based on irreconcilable differences no proof is required. If one spouse wants to file for divorce based on this ground that is all that is required for the divorce to be granted. Even if the other spouse does not agree or want to be divorced, the court will still grant the divorce. Filing based on incurable insanity will require proof like the testimony of a medical or psychiatric professional stating that the spouse was insane at the time the divorce is filed and that the spouse remains insane.

California Filing Fees:


When you go to court there will be a filing fee that you will need to pay to the court directly. This is a fee outside of our service fee. In California, the filing fee is around $435, however it does vary county to county. You may want to contact the county clerk where you live for the exact filing fee. If you are not able to afford the filing fee, we can provide you with a fee waiver that you can file with the court asking them to waive the filing fee.

California Divorce Filing Process:


With GetDivorcePapers the process for completing your divorce is made faster and easier with our online system. You need to complete our online questionnaire to begin. Once you have finished answering the questions, we will use your answers to prepare what you need to file for divorce. You will be able to download everything from your online account or we can print and mail it to you (for an additional fee).

Once you file your completed forms with the court, there is a six-month mandatory waiting period. The waiting period is required for every case and the waiting period will begin once you serve your spouse with a copy of the divorce forms you filed with the court. A person over the age of 18 who is not a party of the case will need to serve your spouse. There are additional forms that will need to be completed and filed by both you and your spouse. After the six months are up and all the necessary forms have been filed, the judge will approve and sign your divorce judgment, only then you will be divorced.

If at anytime the court asks for additional forms or needs something changed do not hesitate to reach out to your personal caseworker that GetDivorcePapers will assign to you for assistance. You never need to feel alone in this process. We are here to help!

Divorce and Mediation:


In some cases, the spouses are not able to reach an agreement as to the terms of the divorce. Divorces involve so many issues from custody to property and it can be difficult to satisfy both sides. Often couples are able to go to mediation and resolve those issues. If you and your spouse are having a hard time reaching an agreement, but want to avoid a lengthy contested trial, mediation is the best option. The courts may also order mediation in situations where they believe there is a chance the parties can reconcile.

California Property Division:


One issue that needs to be addressed in most divorce cases is the division of property. California is a community property state. This means that any property or debt acquired during the marriage is community property and belongs to both spouses. In California each spouse owns half of that property, and the court will divide property and debt equally.

Separate property is anything that you owned before the marriage as well as inheritance or gifts. Separate property is also property acquired after your separation date from your spouse. The court will consider the source of the money used to obtain the property to determine if it is separate property obtained after your separation date.

California also considers quasi-community property. This is any property obtained in another state during the marriage that would otherwise be considered community property if you acquired it in California.

California Child Custody:


If you have children, one of the most important issues that needs to be addressed is the custody of the child/children. Child custody needs to be handled with care as divorce is already very stressful and emotionally impactful for the child. When considering child custody, the court is looking to do what is in the best interest of the child. The court prefers both parents reaching an agreement as to the terms of the custody arrangement, however that is not always possible. When that is not possible, the California court will consider the following factors when determining custody:

There are different types of visitation orders the court may make based on what is best for the child and the parents. Visitation can be based on a schedule. A detailed visitation schedule helps avoid conflicts and lists the time the child will be with each parent during the school year, vacations, and holidays.

The court can also order reasonable visitation. Reasonable visitation is open-ended and flexible. It allows the parents to work it out between themselves. This works best only if the parents get along extremely well and are able to communicate with each other.

Supervised visitation is ordered if the safety and welfare of the child are in question or if the child has not spent a lot of time with the other parent. You or another adult or a professional agency can supervise the visits. If even supervised visitation is not a safe option for the child, the court can order no visitation. This means that the other parent will have no contact with the children.

California Child Support:


Another important consideration when filing for divorce if you have children, is the financial needs of the children. Both parents are equally responsible to make sure that the child is taken care of financially. The court may order child support as part of the divorce. Support is usually paid until the child turns 18 or 19 if they are still in high school full time and living at home.

If the parents are not able to agree on who should pay child support and how much should be paid, California has a statewide guideline to decide it. The guideline calculation considers the following:

The child support order may also require the parents to share the costs for:

California Spousal Support:


While spousal support or alimony is not ordered in every case, in some marriages parties agree that one spouse will pay alimony to the other. Spousal support is ordered to help the other spouse maintain the manner of living established during the marriage. Spousal support can be agreed to by the parties or determined by the court and can be ordered for a specific period of time (generally one-half the length of the marriage), death, or remarriage.

When determining alimony in California, the judge will consider the following:

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We will save you money and time! Our process saves you the expense and time of hiring a lawyer. We also save you the time of trying to figure it out alone.

We make the process easier! Instead of racking you brain trying to figure out the right way to fill out a form or making sure you have all the forms you need to file, we take care of that for you. All you need to do is complete our step-by-step online questionnaire.

We give you constant support! You never need to feel overwhelmed or alone in the process. You can contact us via phone, live chat, and email. We are here to help you as much as possible.

We offer a court approval guarantee! If your forms are not accepted by the court and we are not able to resolve the issue we will give you your money back upon receipt of a rejection letter from the court.

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