California Divorce: No-Fault Grounds, Residency & Timeline
California is a pure no-fault state. Almost every divorce rests on 'irreconcilable differences' (Fam. Code § 2310). You must be a California resident six months and a county resident three months before filing (§ 2320), and a divorce can't be final until at least six months after the respondent is served or appears (§ 2339).
By Find Local Law Editorial Team · Last reviewed: May 26, 2026
Researched and drafted with AI assistance and verified against primary sources (statutes, Judicial Council forms, and official court websites). This is general information, not legal advice.
This is general information, not legal advice. Talk to a California attorney about how these rules apply to your situation.
California ends marriages without assigning blame — but the ground, the residency rule, and a mandatory waiting period all shape the case.
A pure no-fault ground
California is a pure no-fault state. Almost every divorce rests on “irreconcilable differences” (Fam. Code § 2310) — meaning the marriage has broken down and can’t be repaired. There’s a second, rarely used ground, permanent legal incapacity to make decisions, but irreconcilable differences is the basis for essentially all no-fault divorces. You don’t have to prove cheating, cruelty, or any other misconduct.
Residency
To file in California, you must generally have been a California resident for six months and a resident of the county where you file for three months before filing (Fam. Code § 2320).
The six-month minimum
A divorce cannot be final until at least six months after the date the respondent was served or appeared (Fam. Code § 2339). You can resolve every issue sooner, but the judgment can’t take legal effect before that six-month mark passes.
Legal separation as an alternative
A legal separation does not end the marriage and has no residency requirement, but a court can still divide property and order support and custody. It uses the same grounds as divorce (Fam. Code § 2310). Some couples choose it for religious, insurance, or immigration reasons, or while deciding whether to divorce.
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Start your free intakeFrequently asked questions
- Does California require fault to get divorced?
- No. California is a pure no-fault state. Nearly every divorce rests on 'irreconcilable differences' (Fam. Code § 2310); a second, rarely used ground is permanent legal incapacity to make decisions. You don't have to prove wrongdoing.
- How long must I live in California to file?
- You must generally have been a California resident for six months and a resident of the county where you file for three months before filing (Fam. Code § 2320).
- How long does a California divorce take at minimum?
- A divorce cannot be final until at least six months after the respondent was served or appeared (Fam. Code § 2339). The case can settle sooner, but the judgment can't take effect before that date.
Sources
Related guides
- California Child Custody: Legal vs. Physical & Best Interest California splits custody into legal (decision-making) and physical (where the child lives), each of which can be joint or sole. Courts decide by the child's best interest, weighing § 3011 factors like health, safety, and abuse history. The court cannot prefer a parent based on sex, gender, or sexual orientation.
- California Child Support: The Guideline Formula California sets child support with a statewide uniform guideline formula (Fam. Code § 4055) based on both parents' incomes and timeshare. A major reform (SB 343) became operative September 1, 2024, changing how income is allocated and the low-income adjustment. Use the official Judicial Council calculator and confirm the current statute.
- California Domestic Violence Restraining Orders (DVRO) California's Domestic Violence Prevention Act (Fam. Code § 6200 et seq.) lets people in covered relationships seek a restraining order. 'Abuse' is broader than physical injury (§ 6203), and a DVRO can order no-contact, stay-away, move-out, and address custody, support, and firearm restrictions.
- California Parentage: Establishing Legal Parents California's Uniform Parentage Act (Fam. Code § 7600 et seq.) governs establishing the legal parent-child relationship. A Voluntary Declaration of Parentage (§ 7570 et seq.) signed by both parents has the force of a judgment. Parentage is the legal predicate for custody, visitation, and child support.
- California Property Division: Community Property California is a community property state. Property acquired during the marriage (Fam. Code § 760) is generally divided equally — 50/50 — absent a written agreement (§ 2550). Separate property owned before marriage or received by gift or inheritance (§ 770) isn't divided. This differs from equitable-distribution states.
- California Spousal Support: Factors & the 10-Year Rule California has temporary support during a case and long-term support at judgment. Long-term support is set by the Fam. Code § 4320 factors, not a formula. Under § 4336, a marriage of 10+ years is presumed 'of long duration' so the court retains jurisdiction indefinitely — but that's not an automatic right to lifetime support.