Puja Sachdev | October 23, 2026 | Divorce
Divorce can be stressful, especially when you do not know what to expect. You may have questions about your home, money, children, and future. Understanding the divorce process can help you make better choices and protect your rights.
If you are thinking about ending your marriage in San Diego, California, knowing the answers to common divorce questions is a good place to start. Below, we answer important questions about California divorce law.
How Do I File for Divorce in California?
To file for divorce in California, you or your spouse must generally have lived in the state for at least six months and in the county where you file for at least three months.
The process usually involves:
- Filing divorce papers with the court
- Giving your spouse copies of the papers
- Sharing financial information
- Reaching agreements about property, support, and children
- Getting a final divorce judgment
A divorce lawyer can help you complete these steps and avoid mistakes that could delay your case.
How Long Does a Divorce Take?
California has a mandatory six-month waiting period before a divorce can become final. However, some divorces take longer because spouses disagree about money, property, or child custody. Other divorces may be resolved more quickly when both spouses agree on all major issues. Your divorce is not final until the court has approved and processed the required judgment.
Working with an experienced attorney can help you understand the process and avoid unnecessary delays.
Do Both Spouses Have to Agree to Divorce?
No. California is a no-fault divorce state. This means you do not need to prove that your spouse did something wrong to end your marriage.
You also do not need your spouse’s permission to get divorced. If your spouse refuses to cooperate, you can still move forward with the legal process. However, you must follow court rules and properly deliver the divorce papers.
A divorce attorney can explain your options if your spouse refuses to respond or disagrees with the divorce.
How Is Property Divided During Divorce?
California follows community property laws. In most cases, property and debts gained during marriage belong to both spouses and are divided equally. Community property may include your home, savings, retirement accounts, and other assets.
However, property owned before marriage or received as a personal gift or inheritance may remain separate property.
An attorney can help you identify what belongs to you and work toward a fair division.
Who Gets Custody of the Children?
California courts make custody decisions based on the child’s best interests. Judges consider several factors when deciding where children should live and how much time they should spend with each parent.
These factors may include:
- The child’s health and safety
- Each parent’s ability to provide care
- The child’s relationship with each parent
- Any history of abuse or violence
Courts may award joint custody or sole custody, depending on the circumstances.
Parents can also create a parenting plan together. If they cannot agree, a judge may decide.
Will I Have to Pay Spousal Support?
Spousal support, sometimes called alimony, is money one spouse pays to help support the other.
Not every divorce involves spousal support. Courts may consider the length of the marriage, each spouse’s income, earning ability, and financial needs.
Temporary support may be ordered while the divorce is pending. Longer-term support depends on the facts of the marriage.
A divorce lawyer can help you understand whether you may qualify for support or be required to pay it.
Contact San Diego Divorce Lawyers, APC to Arrange a Free Case Evaluation With a San Diego Divorce Lawyer
Divorce can affect your finances, family, and future. You do not have to handle these difficult decisions alone.
The team at San Diego Divorce Lawyers, APC can help you understand your legal rights and guide you through the divorce process. Whether you have questions about child custody, property division, or spousal support, getting legal advice can help you prepare.
Contact our San Diego divorce attorneys today for a complimentary case evaluation.
San Diego Divorce Lawyers, APC
2851 Camino del Rio S #430
San Diego, CA 92108
(619) 866-3756
