Divorce or Separation

Divorce or Separation

Dissolution (divorce) and legal separation: what is the difference?

• Fault in causing the breakdown of the marriage is not considered in California.
• Your spouse does not need to agree to the divorce or give permission.
• To file for a dissolution, you must have lived in California for at least six months and in the county where you file for at least three months.

If you do not meet the residency requirements for a dissolution, you may still file for a legal separation. Before filing for a dissolution, understand that it may:

• Permanently end your marriage.
• Divide property and debts.
• Establish child support and spousal support.
• Determine custody and decision-making authority for children.

When is the divorce final?

• The legal process begins when the initial paperwork is filed. All issues must be resolved by agreement, default, or court proceedings before the divorce is final.
• Do not assume you are divorced until a judgment has been filed and entered by the court.
• A person may remarry only after marital status has been terminated by judgment. The earliest possible date is six months and one day after service of the petition.
• It is the responsibility of one or both parties to bring the case to judgment. Legal advice is strongly recommended.
• Forms are available on the California Courts Forms website.
• The Pro Per Clinic can review completed paperwork and provide guidance on filing and service.

If you are unsure whether you are ready for a divorce, consider seeking personal or marriage counseling before proceeding.

Obtaining a copy of a final judgment of divorce

To obtain a copy of a final judgment of divorce, you may submit your request in person or by mail.

Requests by mail

Send requests by mail to:

You must include the following information:

• Case number
• Names of both parties
• Approximate year of divorce
• Self-addressed, postage-paid envelope

If you do not have the case number, you may search using the Public Records Index.

The fee for a certified copy of a divorce judgment is $15.00. Please submit a check payable to “Superior Court” with “not to exceed $25.00” written in the memo line. You will receive a receipt showing the exact amount charged. Processing time is approximately 21 days.

For documents other than the final judgment, include a detailed description and, if possible, the filing date. Write “not to exceed $40.00” in the memo line and include a self-addressed, postage-paid envelope.

Mediation and arbitration

Learn about the court’s mediation and arbitration options: Mediation and arbitration information.