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How to Prepare for Divorce in California

Preparing for divorce in California can feel overwhelming, especially with the state's specific timelines and property laws. The more organized you are before filing, the more control you retain over the process from every angle, including financially, legally, and emotionally.

Understanding Divorce Laws in California

Fault Type
No-fault only
Waiting Period
6 months from date of service
Property Division
Community property (50/50 split)
Residency Requirement
6 months in CA, 3 months in county
  • California enforces a mandatory six-month waiting period from the date of service before a divorce can be finalized.
  • California follows community property law, meaning most assets and debts acquired during the marriage are generally split 50/50.
  • Neither spouse must prove wrongdoing to file for divorce.

How to Prepare for Divorce in California

โš–๏ธ Legal Preparation

  • Collect marriage certificates, prenuptial agreements, and prior court orders
  • Understand residency requirements (6 months in CA, 3 months in county)
  • Decide whether an attorney or mediator best fits your situation
  • Research California's no-fault only divorce options

๐Ÿ’ฐ Financial Preparation

  • List all assets, debts, and income sources
  • Gather tax returns (last 3โ€“5 years)
  • Open accounts in your own name
  • Document all shared accounts and credit cards

Community property rules make early documentation especially important. All assets and debts from the marriage are typically divided equally.

๐Ÿ‘จโ€๐Ÿ‘ฉโ€๐Ÿ‘งโ€๐Ÿ‘ฆ If You Have Children

  • Learn California custody standards
  • Document children's schools, healthcare, and activities
  • Consider ideal custody schedules
  • Gather records of parenting involvement

California custody decisions prioritize the best interest of the child. Courts favor arrangements that allow frequent contact with both parents.

๐Ÿ” Personal & Digital Preparation

  • Secure passwords and financial access
  • Preserve important communications
  • Build emotional and logistical support
  • Create copies of important documents

California Divorce Resources

๐Ÿ“š California Courts โ€“ Family Law๐Ÿ” Find Attorneys & Mediators Near You

Stay Organized with Divorce Diary

Divorce Diary helps you track documents, deadlines, and decisions so nothing gets missed during California's divorce timeline. Walk into your first attorney meeting prepared and saving $1,000+ in intake fees.

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