California Divorce Preparation
— Your Complete Guide

California Is a True 50/50 State

Unlike Florida's "equitable but not necessarily equal" approach, California's community property system under Family Code §2550 requires an equal division of all community property. There is no judicial discretion to deviate from 50/50 for community assets — unless both spouses agree otherwise in writing.

This makes the classification of assets as community or separate property the single most important analysis in any California divorce. Everything acquired during the marriage while domiciled in California is presumed community property.

Required Financial Disclosure Forms

California requires mandatory preliminary and final declarations of disclosure — these are distinct from Florida's system. Both parties must serve each other with complete disclosure packages before the divorce can be finalized.

• FL-100
  Petition for Dissolution of Marriage The main divorce filing form — initiates the case
• FL-110
  Summons (Family Law) Standard restraining orders go into effect automatically upon filing — prohibits asset dissipation
• FL-140
  Declaration of Disclosure Cover sheet certifying that disclosure documents were served — must be filed with court
• FL-142
  Schedule of Assets and Debts Complete inventory of all assets and debts — must classify each as community or separate property
• FL-150
  Income and Expense Declaration Monthly income, expenses, and employment information — used for support calculations
• FL-180
  Judgment (Family Law) Final judgment form entered by the court — contains all terms of the dissolution

California's 6-Month Waiting Period

California has the longest mandatory waiting period in the country — 6 months from the date the respondent is served (or date of first appearance). The divorce cannot become final before this period expires, regardless of how cooperative both parties are.

An uncontested divorce where both parties cooperate fully still takes a minimum of 6 months. Contested cases routinely take 12–24 months. The 6-month clock starts on the date of service, not the filing date.

Spousal Support in California

California courts follow the "Marital Standard of Living" rule for spousal support. Temporary support during proceedings is calculated by formula. Permanent support is determined by 14 factors under Family Code §4320, with marriage length playing a major role.

A rule of thumb: for marriages under 10 years, support lasts approximately half the marriage length. For marriages over 10 years, the court retains jurisdiction indefinitely — though support amounts can be modified. The 2021 changes to IRS rules eliminated the tax deductibility of alimony for agreements after December 31, 2018.