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

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