Types of Divorce in California (2025) – All You Need to Know
By Stephane Quinn | By Quinn & Dworakowski LLP |Many people divorce in California each year, and while the state processes the majority of divorces on a no-fault basis, there are actually several types of divorce in California. It’s important to understand the differences and to know what type of divorce you are most likely to face if you decide to end your marriage.
Different Types of Divorce in California
It’s important to understand that a divorce is the cancellation of a marriage contract. In California, it is possible to annul a marriage if the marriage was never legally valid in the first place, but this is a separate legal process from a standard divorce. It is also possible for spouses to legally separate, and while this is often used as a launching point for a formal divorce, it does not legally end their marriage.
There are three main types of divorce in California — a simplified divorce, which is only possible under certain conditions; a contested divorce, in which the spouses must resolve disputed issues before they can finalize their divorce; and an uncontested divorce, in which the spouses agree to terms and simply need to formalize their dissolution.
According to 2023 Census data, about 10.5% of women and about 7% of men in California have been divorced. The reasons for divorce are many, but the state processes all divorces on a no-fault basis under the reason of irreconcilable differences. This term means that the marriage has broken down beyond the point of hope for reconciliation, and divorce would better suit each of the spouses’ interests.
Qualifying for Simplified Divorce in California
A simplified divorce is much faster than a standard divorce in California, but only certain couples will qualify:
- The couple must have been married for fewer than five years.
- At least one of the spouses must have lived in California for six months and in the county where they are filing for divorce for at least three months.
- The couple has no children. This includes adopted children, and no spouse can be pregnant to qualify for a simplified divorce.
- Neither spouse may claim spousal support.
- They share minimal assets and debts.
- Both spouses must agree to the divorce and on property division.
- Both spouses must agree to waive their right to appeal the divorce.
- Both spouses must complete and sign a Joint Petition for Summary Dissolution.
If you and your spouse meet these criteria, you will likely qualify for a simplified divorce and can resolve the matter faster than you may expect, but you must still wait out the mandatory six-month waiting period for a divorce to be finalized in California.
Contested Versus Uncontested Divorce
Most divorces in California are contested, meaning the spouses do not agree on certain elements of their divorce. They must then complete a series of legal proceedings to negotiate these elements until their divorce reaches an uncontested state. Some of the issues on which they might disagree include property division, child custody, and alimony.
Many couples throughout California explore alternative dispute resolution to save time and money on their divorce cases. As long as both spouses are willing to engage in this process, they can potentially resolve their divorce more quickly than they could through litigation alone. An experienced California divorce attorney can explain your options for completing your divorce and which type of divorce you are most likely to face.
FAQs
Q: What Is an Uncontested Divorce in California?
A: An uncontested divorce in California is one in which the spouses agree to all terms related to their divorce. If they are able to mutually resolve property division and other financial aspects of their divorce, they can potentially resolve their case relatively quickly. The couple will need to sign a marital settlement agreement for their uncontested divorce, and they must still wait for the mandatory six-month waiting period after filing for the divorce to be finalized.
Q: What Needs to Be Resolved in a Divorce?
A: The issues that need to be resolved in most divorce cases include property division, spousal support, child custody, and child support. Some couples agree to terms on some issues and disagree on others, while in some cases, the divorcing spouses cannot agree on anything in their divorce. Most divorces in California begin as contested and must reach an uncontested state in which both spouses agree to terms before they can be resolved.
Q: What Is Community Property in a California Divorce?
A: Community property in a California divorce includes any shared assets or property obtained by either spouse during their marriage or obtained using shared funds. In any California divorce, each spouse is allowed to keep separate property, such as anything they owned prior to their marriage, gifts given to them, and inheritance left solely to them. Anything else acquired by either spouse during the marriage, including income each spouse earned, is community property.
Q: How Is Alimony Awarded in California?
A: In California, alimony is awarded based on the financial disparity between the divorcing spouses. If one spouse earns significantly more income than the other, the lower-earning spouse is likely to receive alimony in their divorce. The amount they receive generally depends on the difference in their incomes, and the time these payments must continue is generally based on the length of the marriage.
Q: Do I Need to Hire an Attorney to Divorce in California?
A: It is a very good idea to hire an attorney for a divorce in California, even if you and your spouse are relatively agreeable about the situation and you believe you can reach a mutually acceptable resolution. Your attorney can streamline your proceedings, and you can rely on their guidance if you encounter any unexpected complications in your case. You are most likely to reach a positive outcome if you have legal counsel you trust on your side.
Quinn & Dworakowski, LLP, can help you reach a positive conclusion to your divorce in California. Our attorneys have more than 40 years of combined experience representing clients in all types of divorce cases, and we can leverage this experience for you for your upcoming dissolution proceedings. If you are preparing to divorce in California, contact us today to schedule a consultation with our team.
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