California Divorce Laws 4

Divorce Law Basics in the State of California


California State Divorce Code (Sections: 297, 298, 2320 & 2339)

No-Fault Grounds:

  • Irreconcilable differences /Irretrievable breakdown
  • Incurable insanity (requires proof)

At-Fault Grounds:

California does not consider fault in divorce


Either party must be a resident six months in the state and three months in the county prior to filing.

Legal Separation Recognized?


Property Distribution:

California is a community property state. Parties may modify the distribution by separate agreement; otherwise, the court will distribute the property equally.


Alimony may be awarded to either party and is at the discretion of the judge. Separate property is not considered in alimony awards. See: Spousal Support Factors in California

Also See:


  • jamie messinger

    just getting divorced 2 young kids i made 40,000 last year she made 24,000 day care is 600.00 a month medical for all off us is in her name about 300.00 a month, no house payment she is the petitioner,they have me paying 1,100 a month do you think that is the right amount. please awnser i sign tomorrow

  • Nancy Ompa

    I was married for in 1989 for 6yr and 2 months, legally seperated for 1 yr and then officially my marriage was biforcated in approx 1997. The dissulution was September 1, 2006. Will I still be able to collect Social Security through him?

  • Gee

    In calif..can I sue my moral less brother for haveing affair with my wife for five years and killed our marraige?

  • Don

    Can properties be bifurcated to avoid payments by the other spouse?