Residency and Filing Requirements

• Like most states, California requires one of the divorcing spouses to be a resident of the state for a certain amount of time in order for the court to have jurisdiction over the divorce. To get a divorce in California, you or your spouse must have been a resident for six months and a resident of the county in which you file your initial petition for three months. Unmarried partners who have filed a Declaration of Domestic Partnership in the state of California must also meet these residency requirements. However, you or your spouse can file for a legal separation in California without meeting residency requirements and amend your petition once they are met.
  
  

Grounds for Divorce

• California has limited grounds for divorce compared with most states. You can opt to file on the no-fault ground of "irreconcilable differences," which can encompass a host of reasons for parting company with your spouse. The other ground for divorce in California is the fault-based ground of incurable insanity. Claiming a "fault" asserts that the marital contract was in some way breached.
  
  

Summary Dissolution

• The state of California, like the state of Illinois, permits couples to file for an expedited divorce known as a summary dissolution. However, you and your spouse must meet very strict criteria. You or your spouse must first meet California's residency requirements. You can then file for a Joint Petition for Summary Dissolution of Marriage if you have been married less than five years on the date you file. You cannot have any children together, either born of the marriage or adopted, nor can a wife be pregnant. Neither of you can own real property, such as a home or condominium. Your joint debts cannot exceed $6,000 (acquired from the time your got married), and you cannot own more than $38,000 of marital property or have separate property in excess of this amount. A requirement to getting this divorce is that you and your spouse have signed an agreement that specifically divides your assets and debts. Neither spouse can seek alimony if a summary dissolution is pursued.
  
  

Domestic Partnerships

• As of July 2009, California was requiring domestic partners have who filed a Declaration of Domestic Partnership with the state's secretary of state after Jan. 1, 2005, to file for divorce. There are specific criteria that unmarried couples must meet in addition to this filing, such as sharing the same residence, not being related by blood, being at least 18 years of age and being of the same gender. Alternately, one or both partners must be over the age of 62 and eligible to receive Social Security benefits. There are different forms required to initiate a divorce in these circumstances (see Resources). As of July 2009, California's statutes include language that permits domestic partners who divorce to receive the same considerations by the court with respect to alimony, property division, and child custody and support.
  
  

Property Division and Spousal Support (Alimony)

• California is a community property state where the marital estate is split 50-50 between spouses. In making its determinations, a court will take into consideration all assets owned by the couple (minus separate property), as well as their respective debt. A court may deduct a certain amount from one spouse's share of community property if it determines that the spouse misappropriated or squandered community property without taking the other spouse's interests to heart.
  A court may award one party to a divorce spousal support, if it deems necessary. Some of the factors a court will consider in making such an award are the length of the marriage, the age and health of each spouse, how much income each spouse is drawing, if one spouse is caring for minor children and how the couple spent their money while they were married.