How much is divorce in California?
Asked by: Wiley Davis | Last update: August 25, 2025Score: 5/5 (12 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 does it cost to get a divorce if both parties agree in California?
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.
What is the cheapest way to get a 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.
How long does a divorce take in CA?
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.
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 Much Does Divorce Cost In California? - CountyOffice.org
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.
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.
What is the quickest divorce you can get?
The easiest type of divorce, which takes the least amount of time, is called an uncontested divorce.
Is California a 50/50 divorce state?
Finally, it's worth noting that while California law mandates a 50/50 split of marital property, spouses are free to come to their own agreement on how to divide their assets. If both parties are willing to work together and negotiate a fair division, they may be able to avoid a lengthy and expensive court battle.
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.
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.
Do I need a lawyer for divorce in California?
You can get a divorce without a lawyer.
If you have a lot of property or debt, you can hire a lawyer to help with all or part of your case.
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.
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.
Why is divorce so expensive?
Divorce can become expensive due to various factors, such as attorney fees, hiring professionals like accountants or appraisers to assess and divide assets, court filing costs, disputes over child custody or property division, and the financial burden of setting up separate households after dividing shared assets, such ...
Can I divorce my wife immediately?
If you want to end your marriage legally, you must have lived separate and apart from your spouse for at least 12 months. In most cases, you can begin the steps to divorce before the 12 months, however, the divorce cannot be completed until one year has passed.
Is it hard to get a divorce in California?
A: An uncontested divorce in California can take as little as six months from the date the divorce petition is filed with the court. Once you have filed the petition, you will then serve the papers to your spouse. They will file a response, and you will both submit your settlement agreement.
How long can a spouse drag out a divorce in California?
As we mentioned, there isn't a specific limit on how long a divorce case may last in California, but there are ways to continue with the divorce proceedings. Beyond the six-month waiting period, your spouse may try to drag out your case even longer.
What is the rule of 65 in divorce in California?
The support may last until the receiving spouse becomes self-supporting, dies, or remarries. So, what is the Rule of 65 in spousal support? Rule of 65 applies if the age of the recipient at the time of divorce plus the number of years they were married equals or is more than 65.
Do I need a divorce lawyer if we agree on everything?
Divorcing Spouses Should Still Hire Divorce Lawyers Even if They Seem to Agree. In addition to being emotionally painful, divorcing your spouse is a legally complex process. Issues such as property division, alimony, and child support involve several legal and factual determinations.
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.
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.
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.
Who gets to keep the house in a divorce in California?
In California, it is common for both spouses to be awarded an equal share of the house in a divorce case if it is community property. You may need to find out what you can even do with 50% ownership of a house. Here are some options you have: Buy out.