California Divorce FAQs

You can request a certified copy from the Superior Court where the divorce was filed. Alternatively, you may obtain a record through the California Department of Public Health (CDPH) – Vital Records.

Yes, divorce records are generally public unless sealed by court order. Anyone can access basic divorce case information unless it's confidential.

An authorized copy is a certified legal document used for official purposes. An informational copy contains the same information but cannot be used for legal purposes and is marked "Informational."

Yes, but you may only obtain an informational copy unless you are one of the parties listed or have a legal interest.

Divorce records are maintained by the California Superior Court that finalized the case. CDPH also provides limited records.

It can take a few days to several weeks depending on the court or agency processing your request.

Yes, many county courts and CDPH offer online ordering or third-party vendors for convenience.

You should provide full names of both spouses, the county of filing, and the approximate date of the divorce.

Only certain parts may be sealed, such as financial details or child custody information, but most records are public.

CDPH maintains records from 1962 to June 1984. For records outside that range, contact the local Superior Court.

California allows divorce based on irreconcilable differences or incurable insanity.

Yes, California does not require proof of wrongdoing. Most divorces cite irreconcilable differences.

Assets and debts acquired during the marriage are divided equally, unless otherwise agreed.

Spousal misconduct like infidelity generally does not impact property division or support.

No, legal separation is optional and not a prerequisite for divorce.

Spousal support may be ordered temporarily or long-term, based on earning capacity, needs, and length of the marriage.

Yes, if both parties agree in writing or a prenuptial agreement specifies it.

Prenuptial agreements can dictate property division and spousal support terms, if legally valid.

No, but if there are child custody issues, mediation may be required before court hearings.

Yes, courts often require a co-parenting or parenting education class if children are involved.

Yes, if the business was started or grew during the marriage, it may be considered community property.

A professional valuation is conducted, considering revenue, assets, goodwill, and growth.

Yes, if the business is community property, both spouses may have equal rights regardless of participation.

Use prenuptial or postnuptial agreements, maintain separate finances, and document business contributions.

Yes, debts acquired during the marriage are typically split equally, including business debts.

Yes, it can provide terms for how ownership is transferred and limit disruptions.

Not always, but it helps ensure fair valuation and uncover any financial discrepancies.

Yes, but the other spouse must be compensated, often through buyout or offsetting assets.

Growth is usually treated as community property, even if the business started before the marriage.

Yes, business income is factored into spousal support calculations.

Generally, cases involving over $1 million in assets, or complex holdings like trusts, stock options, or multiple properties.

Courts use experts to assess value and determine whether assets are community or separate property.

Yes, forensic accountants can trace undisclosed or transferred assets.

Out-of-state or international assets are still subject to California community property laws if acquired during the marriage.

Yes, you need clear documentation showing the property was owned before marriage or gifted/inherited.

Yes, courts consider the standard of living during marriage when setting support.

Absolutely. Asset division and support orders can have significant tax implications.

Yes, courts can freeze assets to prevent dissipation or hiding of wealth.

Yes, these experts are vital in identifying, valuing, and protecting high-value assets.

They are treated as property and split equally or offset by other asset values.

Complete the divorce forms (FL-100, FL-110), and file them at your county's Superior Court.

Yes, one spouse must have lived in California for at least 6 months and in the filing county for at least 3 months.

The shortest time is 6 months and 1 day after service of papers, but contested cases can take years.

Petition (FL-100), Summons (FL-110), and if children are involved, UCCJEA (FL-105).

No, California is a no-fault state, and one spouse can proceed even if the other disagrees.

The other spouse has 30 days to respond. If they don't, the case may proceed by default.

It's the minimum legal time between service and finalizing a divorce.

You can request temporary orders for custody, support, and restraining orders until the divorce is finalized.

Yes, if all terms are agreed upon and filed properly, a judge can approve the divorce without a hearing.

If the respondent doesn't answer within 30 days, the petitioner can request a default judgment, finalizing the divorce without opposition.