Residency Requirements

• California courts only have jurisdiction over divorce cases in which at least one spouse has lived in the state for at least six months and in the county in which the filing takes place for at least three months.
  
  

Grounds

• Every divorce petition must come with a ground, or reason, for the divorce that either both parties agree to at the time of the divorce or the filing spouse wishes to prove during the proceedings. In California, the two acceptable grounds include irretrievable breakdown of the marriage or incurable insanity. The court will require proof of incurable insanity through testimony of qualified health-care professionals.
  
  

Continuance

• If reconciliation seems possible, the court reserves the right to grant a continuance (postponement) of the proceedings for a period that cannot exceed 30 days. During this time, the court can order temporary spousal and child support, among other things.
  
  

Property Division and Spousal Support

• California is a community-property state. During a divorce proceeding, the court will divide all property obtained during the marriage fifty-fifty between the parties. The court can award spousal support if it sees fit and will take several factors into account when determining the need and the amount. Examples include earning capacity of each spouse, job skills, education, history of domestic violence, tax consequences, and the standard of living achieved during the marriage.
  
  

Summary Dissolution

• In certain instances, the parties can shorten the divorce process with a summary dissolution. The court requires that the marriage meet certain criteria for this to take place, however. Criteria include but are not limited to the marriage's lasting less than five years, no minor children, less than $4,000 worth of debt excluding automobile payments, less than $25,000 worth of community property, neither party seeking alimony, and an agreement between the parties regarding division of assets in which they have taken steps such as filing necessary paperwork or transferring titles to solidify the agreement.