3 Ways a Divorce Can Be Granted in California

Hossein Berenji, Aug 04, 2025

Are you thinking about a divorce? If so, understanding your options for a divorce in California can prepare you for taking the next step.

California became the first state to adopt no-fault divorce in 1969. Therefore, you can obtain a divorce without proving that your spouse is guilty of breaking up your marriage. The only requirement is that one spouse must be a California resident for a minimum of six months before the state has jurisdiction for a divorce action.

Although most people opt for no-fault grounds, there is another way to obtain a divorce in Los Angeles. Let’s look at the three legal paths to divorce in California in greater detail.

  1. No-Fault Divorce: California’s Standard Divorce Option

A no-fault divorce is granted on the grounds of irreconcilable differences. A spouse can obtain a divorce on these grounds over the objection of the other spouse. They only need to claim that the irreconcilable differences have caused an irretrievable breakdown of the marriage.

No-fault divorces can be granted in as little as six months if the spouses are not contesting the terms of the divorce. There are four steps in a no-fault divorce:

  • File divorce papers at the Los Angeles family court
  • Share financial information with your spouse
  • Make decisions about how to share custody, divide property, and pay support payments
  • Finalize the divorce and obtain a divorce decree

A no-fault divorce can be contested or uncontested. In an uncontested divorce, the spouses agree on all terms of the divorce. They may agree on the terms before filing the divorce papers or negotiate a settlement with the assistance of their attorneys.

  1. Divorce on the Grounds of Permanent Legal Incapacity

California grounds for dissolution also include granting a divorce based on permanent legal incapacity to make decisions. There must be proof that the spouse was legally incapacitated when the divorce papers were filed and remains permanently incapable of making decisions. There must be competent psychiatric or medical testimony as evidence.

A divorce on the grounds of permanent legal incapacity does not relieve a spouse from support obligations. A judge may order spousal support, including requiring a bond if necessary.

  1. Summary Dissolution: A Simplified Divorce Process in California

Some couples in Los Angeles may qualify for summary dissolution as a means of divorce. This process is a streamlined divorce process for spouses who agree on all divorce terms and meet the eligibility requirements for summary dissolution.

The requirements for a summary dissolution are:

  • Meet the basic residency requirements for a divorce in California, six months or longer residency in the state, and three months or longer residency in the county of filing
  • Read the Summary Dissolution Information booklet provided by the court
  • The parties have not been married for more than five years
  • No children were born to the spouses before or during the marriage
  • The spouses did not adopt children under 18 years of age
  • Neither spouse is pregnant
  • Community property is not worth more than $57,000, excluding cars
  • Neither spouse has separate property worth more than $57,0000, excluding cars
  • The total of community debt is not more than $7,000, excluding cars
  • The spouses agree on how to divide community property and debts

The spouses must agree to use the summary dissolution procedure, which means they cannot request a new trial (since there is no trial) or file an appeal to a higher court. The couple agrees that they want a divorce, and the reason for the divorce is due to serious, permanent differences.

There is a six-month waiting period after filing summary dissolution papers to obtain a divorce decree. Spouses do not need to attend a court hearing or take any further action to get divorced, provided they have filed all required forms and the forms are correct.

Choosing the Right Divorce Process for Your Situation

A Los Angeles divorce lawyer can help you compare the three methods for obtaining a divorce to determine which option is best for your situation. Working with an experienced divorce attorney can help you protect your best interests.

Contact a California Divorce Lawyer Today

For more information, contact our experienced California divorce lawyers at Berenji & Associates Divorce Lawyers by calling (310) 271-6290 to schedule a consultation.

We serve all through Los Angeles, Beverly Hills, Los Angeles County, and its surrounding areas. Visit any of our offices at:

Berenji & Associates Divorce Lawyers Los Angeles Office
550 S. Hill Street STE 1467
Los Angeles, CA 90013
(213) 277-2586

Berenji & Associates Divorce Lawyers Beverly Hills Office
9465 Wilshire Blvd #333
Beverly Hills, CA 90212
(213) 277-2586