California divorce — legally called 'dissolution of marriage' — runs on a strict community property system and a disclosure process that starts almost immediately, so the preparation work you do before filing matters more here than in many other states.
California is one of the small number of true community property states. As a general rule, anything either spouse earned or acquired during the marriage is community property and is split equally — not 'equitably' or by some flexible fairness standard, but 50/50, absent a valid agreement otherwise. Separate property — what you owned before marriage, gifts to you individually, and inheritances — generally stays yours, but only if you can trace it and it wasn't commingled into joint accounts or joint credit along the way. Property bought out of state during the marriage that would have been community property had it been bought in California is treated as 'quasi-community property' and divided the same way once you file here.
There is no fault-based divorce in California; the only ground is 'irreconcilable differences.' To file, one spouse must have lived in California for six months and in the filing county for three months. Cases go through the Superior Court of California in the relevant county, and by statute a dissolution cannot be finalized in less than six months from the date the other spouse was served or appeared in the case — even an entirely uncontested case with full agreement on every issue. That six-month clock is a floor, not a target; disclosure, negotiation, and court processing routinely extend well past it.
California requires both spouses to exchange a Preliminary Declaration of Disclosure early in the case, and this step cannot be skipped or waived by agreement — it's one of the few truly mandatory pieces of the process. It packages several Judicial Council forms: a Schedule of Assets and Debts (listing everything owned and owed, separately and jointly), an Income and Expense Declaration, and disclosure of tax returns. The obligation is to disclose completely and accurately, whether or not you think an asset is 'yours' — the burden of proving something is separate property falls on the spouse claiming it.
Later in the case, a Final Declaration of Disclosure updates that picture before judgment, though spouses who reach full agreement can sometimes waive the final round. Because the preliminary disclosure comes so early, the practical lesson is to start assembling your financial picture before you file, not after — statements, deeds, retirement account summaries, and business records take longer to gather than people expect, and incomplete disclosure can delay a case for months or expose a spouse to real legal consequences if it looks deliberate.
Build your file around what the disclosure forms will ask for: recent tax returns, pay stubs, and all bank, brokerage, retirement, and pension statements for both spouses. Add mortgage statements and any appraisal or market estimate for real property, vehicle titles and loan balances, and a list of all debts including credit cards and lines of credit. If a business is involved, gather its financial statements — business valuation is one of the more contested areas in California cases with self-employed spouses.
If you're asserting that something is separate property — money you brought into the marriage, an inheritance, a gift — pull the original documentation now: the account statement from before the wedding, the will or estate letter, records showing where that money went afterward. Tracing gets harder the longer accounts have been commingled, so the earlier you document the origin, the stronger your position.
California child support is calculated using a statewide guideline formula (courts use a program often called DissoMaster or similar software) that weighs both parents' incomes and the percentage of time each parent has with the children — which is why disputes over custodial timeshare and accurate income reporting are so common. Spousal support, by contrast, has no fixed formula for a final award; temporary support during the case often follows a guideline calculation, but long-term support is decided under a list of factors in the Family Code, including the length of the marriage and each spouse's earning capacity.
Custody and visitation decisions are governed by the best-interest-of-the-child standard, and California courts generally favor arrangements that support frequent and continuing contact with both parents. Specific, workable parenting plan proposals tend to fare better than general statements of intent.
1) Start your Schedule of Assets and Debts as a working draft now, even before filing — you'll need something close to it for the Preliminary Declaration of Disclosure regardless of timing. 2) Separate your separate-property claims from community assets early, and gather the tracing paperwork while it's still easy to find. 3) Confirm you meet the six-month state / three-month county residency requirement before filing, since it affects where you can file at all. 4) Get at least one consultation with a California family law attorney, even if you plan to handle much of the case yourself — the disclosure rules carry real consequences for getting them wrong. 5) Keep every letter from the other side's attorney and every deadline it sets, since California's disclosure and response timelines are often the first thing that becomes contested.
Community property — generally anything earned or acquired during the marriage — is split equally as a starting point. Separate property, such as what you owned before marriage or received as a gift or inheritance, is not divided, provided it can be traced and wasn't commingled.
State law sets a six-month minimum from the date the other spouse is served or appears in the case before a dissolution can be finalized, even when both spouses agree on everything. Contested disclosure or custody issues typically extend the timeline well beyond that floor.
No. The Preliminary Declaration of Disclosure is mandatory in California and cannot be waived by agreement, though the later Final Declaration of Disclosure can sometimes be waived once both spouses have reached full agreement.
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This guide is general information, not legal advice. Laws change and differ by jurisdiction — confirm specifics with a local family lawyer or your court's official website. If you use SortMyDivorce, your letters stay confidential — never shared, never sold.