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California law

Family Laws in California.

California is a community property state — marital property is generally divided 50/50 upon divorce. The state uses a "best interests of the child" standard for custody decisions and does not presume in favor of either parent. California recognizes both legal custody (decision-making) and physical custody (where the child lives), and encourages frequent and continuing contact with both parents.

Last verified: 2026-02-25

State law

Statute of Limitations

Varies by action typeCal. Fam. Code § 2556

The court retains jurisdiction to divide community property omitted from the divorce judgment. Claims to set aside a property division due to fraud must be brought within 1 year of discovery. Custody and support modifications have no fixed limitation but require a change in circumstances.

State law

Filing Requirements

Divorce Filing Fee$435

Filing fee for dissolution of marriage in California Superior Court. Fee waivers are available for those who qualify.

Residency RequirementCal. Fam. Code § 2320

At least one spouse must have been a California resident for at least 6 months and a resident of the filing county for at least 3 months.

California has a mandatory 6-month waiting period from the date the respondent is served. The divorce cannot be finalized until at least 6 months after service.

State law

Key California Statutes

Best Interests of the Child (Custody)Cal. Fam. Code § 3011

Courts consider the health, safety, and welfare of the child, any history of abuse, the nature of contact with both parents, and substance abuse issues. There is no preference for either parent based on gender.

Community Property DivisionCal. Fam. Code § 760

All property acquired during marriage is presumed community property and is divided equally (50/50) upon divorce. Separate property (owned before marriage, or received by gift or inheritance) remains with the owning spouse.

Spousal Support (Alimony)Cal. Fam. Code § 4320

Courts consider the standard of living during marriage, duration of marriage, earning capacity, domestic violence history, and other factors. For marriages under 10 years, support is generally limited to half the length of the marriage.

Child Support GuidelinesCal. Fam. Code § 4055

California uses a statewide guideline formula based on both parents' net disposable incomes and the percentage of time each parent has custody. The formula is mandatory unless special circumstances justify a departure.

Domestic Violence Restraining OrdersCal. Fam. Code § 6300

Victims of domestic violence can obtain a restraining order requiring the abuser to stay away, move out of the home, and surrender firearms. Emergency protective orders are available through law enforcement 24/7.

State law

Official Sources

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in California.

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