How much is a divorce in California?
Asked by: Rollin Hagenes | Last update: August 1, 2025Score: 4.4/5 (57 votes)
The average cost of divorce in California is about $17,500, while the national average is about $15,000. You might pay only a $435 filing fee or end up in a court battle costing tens or even hundreds of thousands of dollars. This article will help you understand what to expect before you initiate divorce proceedings.
How much is a divorce in California if both parties agree?
The only costs would be for the filing of the joint petition for dissolution ($435-$450). If you don't qualify but both parties are in agreement, deeming it an uncontested divorce, costs are potentially around $1,500.
How much does it cost to file for divorce in California?
File your divorce Petition and Summons. Once you complete your forms, you need to file them with the court and pay a filing fee of $435-$450. If you can't afford the fee, you can ask the court to waive it.
Who pays for a divorce in California?
California family law tries to create a reasonably level playing field in divorce litigation, which means that both spouses must have sufficient funding available for legal costs.
How long does it take to get divorced in California?
Getting a divorce in California
Getting a divorce takes at least 6 months. There are 4 major parts of the process and they are the same for couples who are married and for those in a domestic partnership. It's the same process to get a legal separation.
How Much Does Divorce Cost In California? - CountyOffice.org
What is the 5 year rule for divorce in California?
The “5-year rule” in California refers to summary dissolution, which is a simplified process for ending a marriage or domestic partnership without a formal court hearing. Its hope is to be a fast and less expensive option for couples who meet the specific criteria.
How to get a divorce in California for free?
You can demonstrate financial hardship by showing that paying court fees would prevent you from meeting basic living expenses. To apply for a fee waiver, complete Request to Waive Court Fees (Form FW-001) and submit it along with your divorce petition.
Can one spouse refuse divorce in California?
Sometimes, one spouse wants the divorce while the other refuses to cooperate. A spouse's refusal to consent to a divorce or sign the paperwork will not, however, halt the process. Couples in California can dissolve their marriages with or without both spouses' consent to the divorce.
What is my wife entitled to in a divorce in California?
A wife in California can be entitled to up to half of the assets in the marriage along with up to 40% of their partner's income for child support, spousal support, and primary child custody.
Who should file for divorce first in California?
It generally does not matter who is the first to file the divorce papers. The court does not give any preference to the first person to file (the Petitioner) nor any disadvantage to the responding party (the Respondent.)
What is the first step when you want a divorce?
Start your divorce case. To start a divorce or legal separation, you begin by filling out two court forms: a Petition and a Summons. If you and your spouse (or domestic partner) have children together, you will also need to fill out at least one other form about your children.
What is the 10 year rule for divorce in California?
The longer you were married, the longer support can last
The judge starts with some basic assumptions: For marriages less than ten years, support will last half the length of the marriage. For marriages more than 10 years, there's no assumption about what's reasonable.
Who files for divorce more?
Wives are the ones who most often file for divorce at 66 percent on average. That figure has soared to nearly 75 percent in some years.
What is the cheapest divorce in California?
California's uncontested divorce is most affordable, fast and friendly. It's when partners end their marriage together, agreeing on important things. They deal with property splitting, child care, and helping each other financially without the court's help.
What happens if one party wants divorce and other doesn t?
Oftentimes the court will grant permission to publish a summons, asking your spouse to come forward and respond. The summons must run for 28 days, and your spouse has 30 days from the final publication date to respond. If they do not, you can request a divorce by default.
What determines spousal support in California?
The guideline states that the paying spouse's support be presumptively 40% of his or her net monthly income, reduced by one-half of the receiving spouse's net monthly income. If child support is an issue, spousal support is calculated after child support is calculated.
What is the 5 year marriage rule in California?
If you've been married less than five years and have no children, you may qualify for a simpler way to get divorced (summary dissolution).
Am I responsible for my husband's debts if we divorce?
Until you have a court order, any property or debt from your marriage still belongs to both of you. This is true no matter who is using it or who has it with them. The same is true of debts.
Does a husband have to support his wife during separation in California?
A: You do not have to support your wife during separation or divorce unless it is court-ordered by a judge. However, if the court orders you to pay spousal support, you must pay that support.
Does length of marriage matter in divorce in California?
Yes. One of the most common divorce questions is whether the length of the marriage matters in a California divorce. The short answer is yes. The length of marriage is measured from the date of marriage until the date of separation.
Can I get divorce without my spouse knowing?
California is a no-fault divorce state, meaning you can end your marriage without stating a reason for wanting to do so. You can also divorce your spouse without their consent or even receive a response from them, as long as you have made a reasonable effort to contact them.
Does California require separation before divorce?
Is There a Waiting Period for Divorces in California? While there is no required separation period in the state of California, there is a six month waiting period. This means that you can file for divorce on the day you decide you want one, but you must wait six months for the divorce to be finalized by a judge.
How do I divorce my husband if I have no money?
Call your city or state bar association to ask for contact information or do an internet search to find them. These organizations provide no-cost (and also low-cost) legal assistance. If you are indigent, they may represent you at no cost and will file all fee waiver papers on your behalf.
Who pays divorce fees in California?
In California, the general rule is that each spouse pays their own attorney fees, but there are exceptions. The court has the power to order one spouse to pay the other's legal costs, which isn't about punishing anyone; it's about making sure both parties have fair access to legal representation.
How long do you have to be married to get half of everything in California?
To receive half of the marital assets in a California divorce, the duration of the marriage is less important than the principles of community property law. Whether a marriage lasted one year or over ten years, the assets accumulated during that period are typically divided equally.