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To file for a legal separation, only one spouse must live in California. There's no time requirement. If a spouse wants a divorce and doesn't want to wait to meet the residency requirements, they can file papers (a petition) to ask for a legal separation.
In California, you get a divorce by starting a court case. No one has to prove someone did something wrong to cause the divorce (this is called no fault divorce). You can get a divorce even if the other person doesn't want one. You can divorce to end a marriage or domestic partnership.
Starts a divorce, legal separation, or annulment case if you are married, registered domestic partners, or both. You must identify all the issues you want to include in your final divorce. Start a divorce: Summons (Family Law) FL-110
Getting a divorce in California. Getting a divorce takes at least 6 months. There are 4 major parts of the process and they are the same for couples who are married and for those in a domestic partnership. It's the same process to get a legal separation.
The date of separation is used to figure out if property is community (belongs to you both) or separate (belongs to just one of you). Generally, money earned or debts taken out by a spouse after the date of separation is that spouse’s separate property.
If you want to undo your divorce or legal separation after it's final (there's a judgment in your case), you'll need to take different steps. Contact your Self-Help Center for more information.
Once you file the first papers in your divorce or legal separation, you must notify your spouse (or domestic partner) by formally delivering copies of the paperwork. This is called serving papers.
A judge has to approve how you’ll divide your property and debts. Part of your divorce involves dividing your property and debts. Property is anything you can buy or sell or has value. For example, a house, car, or furniture. It’s also things like a bank account, pension, 401k, or stocks.
Sharing information about your finances with your spouse (or domestic partner) is a requirement for getting a divorce or legal separation. This is called disclosure or financial disclosure. The financial documents don't get filed with the court.
Find a specific page or step-by-step instructions within our divorce section. Looking for copies of divorce papers? Contact the court where you or your spouse filed the case.