California Divorce Records

Divorce rates across the United States have steadily reduced over the past decade (excluding a slight rise in 2021 that was followed by a subsequent reduction in 2022). Data indicates that California has a divorce rate of about 12.40 divorces per 1,000 married women, lower than the national rate of 14.56 divorces per 1,000. Divorces in the state are typically higher among African Americans and lowest among Asians when compared to other ethnicities.

Records of divorces that occur in California are generally considered public and may be readily accessed by interested parties. There are two main types of California divorce records:

• Divorce Decrees: these are the primary types of divorce records in California and are created and maintained locally by county Superior Courts. Divorce decrees typically contain extensive details of the divorce, such as the names of the involved parties, the type of divorce, and the divorce date, as well as property division, spousal support, child custody, and visitation arrangements.
• Certificate of Record: these are fact sheets confirming a divorce. Certificates of record (sometimes called divorce certificates) typically contain limited information, like the names of the involved parties, the filing date, county, and case number of the divorce.

What Are the Residency Requirements for Divorce in California?

Under California Family Code Section 2320, divorces may only be granted in California if one of the spouses has lived in the state for the past six months and has also resided in the county of filing for the past three months. However, this residency requirement is waived for same-sex couples provided that their marriage occurred in California and neither of them currently resides in a jurisdiction that recognizes or will dissolve the marriage.

What Are the Grounds for Divorce in California?

Divorces (officially referred to as a dissolution of marriage) are legally granted in California on two grounds - irreconcilable differences that have caused the marriage to irremediably break down, and incurable insanity.

California has generally been deemed a "no-fault" divorce state; as such, the party filing for divorce does not typically have to prove any wrongdoing on the part of the other spouse. This differs from fault divorces, where the petitioner has to prove that their spouse did something wrong to cause the divorce. However, if you are filing for divorce based on incurable insanity, you will be required to provide proof of this, such as medical or psychiatric testimony.

How Much Does It Cost to File for Divorce in California?

California is one of the most expensive states to file for divorce, with an average cost of $14,435 per person - compared to about $10,258 in Nevada, $10,301 in Oregon, and way higher than the national average of $9,970.

You will typically need to pay between $435 - $450 when filing your divorce forms in California. This does not include additional fees and expenses generally associated with the divorce process, such as:

• Attorney fees
• Mediation costs
• Family therapy
• Joint debts and property division
• Forensic accountant fees
• Spousal and child support calculations
• Relocation expenses

How Long Is the Waiting Period for Divorce in California?

Couples have to wait for at least six months after divorce papers are initially filed before the divorce can become official. This waiting period also applies in situations where both parties do not contest the divorce.

Be aware that this mandatory waiting period is not the same as a separation period, which generally refers to the time a couple must live apart before they can file for divorce. California does not have a mandatory separation period for couples who wish to file for divorce. However, the date of separation may influence several aspects of the divorce, like property division and spousal support.

How To File for Divorce in California?

You may file for divorce in California by taking the following steps:

• Confirm your eligibility. You can only file for divorce in California if either you or your spouse has lived in the state for at least six months and in your current county for at least three months.
• Fill out the necessary divorce forms and make two copies of each.
• File the forms (original and copies) with the court clerk.
• Serve your spouse with the divorce papers. They typically have 30 days to respond.
• Share your financial information with your spouse. You must do this within 60 days of filing the divorce petition, and you have the option of doing so when serving the divorce papers.
• Decide on issues like how you'll divide property and debts, spousal support, and child support. You may work with your spouse on this or ask the court to decide if you can't reach an agreement.
• Finalize the divorce. This generally includes filing additional paperwork, which will be reviewed and signed by a judge. However, if certain issues are contested, such as the date of separation or financial disclosure, a trial may be held before a final decision is issued.

The Judicial Branch of California hosts a Self-Help Guide on its official website that you may use to get additional information on getting a divorce in the state.

California also offers a summary dissolution process for couples, which is relatively easier than the standard divorce process. However, this option is only available for couples who meet all the following criteria:

• Have been married for less than five years
• Do not have any children together
• Have relatively little property or debt
• Do not want spousal support
• Agree on how to split any property

Summary dissolutions in California generally involve three basic steps:

• Gathering and sharing financial information.
• Filling out necessary forms and preparing an agreement on how property will be divided.
• Filing the forms with the court and obtaining a Judgment of Dissolution. Note that this judgment will be dated six months after the divorce papers are filed, and neither couple may remarry before this date.

Are Divorce Records Public in California?

California divorce records are considered public records and may be accessed by interested parties, in line with the California Public Records Act and California Rules of Court. Note that even though these divorce records are generally available to the public, they typically cannot be accessed remotely (from locations outside the courthouse), as stipulated by California Rule of Court 2.503.

In addition, access to certain divorce records, or information contained in these records, may be restricted to specific authorized parties, such as the couple named on the record and law enforcement. This is usually the case for records containing sensitive or statutorily confidential information, such as drug test results, psychological evaluations, details on abuse victims, and sealed court records.

How To Get Certified Copies of a Divorce Decree in California?

Certified copies of California divorce decrees are only available through the Superior Court in the county where the divorce was filed. The requirements for obtaining these documents vary by court but generally involve providing pertinent information, such as the names of the couple involved in the divorce, to facilitate a record search. Depending on the court, you may be required to submit a written request for the record; you may also need to provide a valid ID and pay a search and/or copy fee. You may get specific information, such as available request options and processing times, by contacting the appropriate Superior Court.

You may also access copies of divorce certificates for divorces that occurred from 1962 through June 1984 (across California) through the state's Department of Public Health by mailing a completed Application for Certificate of Record For a Divorce Form to

There is a $16 per copy and requests are usually processed within 14 – 16 weeks.

Note that divorce certificates are not the same as divorce decrees. Divorce certificates simply document the divorce and are less comprehensive than divorce decrees, which typically contain more detailed information on the specific terms of the divorce.

Divorce Settlement: Is California a 50/50 State?

California is a community property state, meaning that any asset earned (or bought) and any debt taken out during the marriage is considered to belong to the couple equally. As such, in the event of a divorce, the courts usually divide the couple's marital property evenly between them. Even if the couple decides to informally divide their assets, the agreement must be formally approved by a judge. Note that assets or debts attained before the marriage or after the couple separates, as well as gifts of inheritance, are considered "separate property", and are generally not subject to the 50/50 split.

The community property approach practiced in California differs from the equitable property distribution approach obtainable in certain other states (such as Florida, Massachusetts, and New York), where the couple's marital assets are divided fairly, but not necessarily equally.

FAQs about the Divorce Process in California

Here are answers to commonly asked questions about the divorce process in California.

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