California Divorce

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California Divorce Records & Statistics

August		January - August
2004	2003	2004	2003	2002
---	---	---	---	---

Number (1,000)			Rate per 1,000 Population
1990	1995	1998	1990	1995	1998
128	(NA)	(NA)	4.3	(NA)	(NA)

California Divorce Laws Summary

RESIDENCY: Filing spouse must be a resident of the state for 6 months and the county where filing for 3 months. There is a 6 month waiting period after the 'other' spouse is served process or the spouse appears before the Court finalizes the dissolution of marriage. PROCEDURES: Simplified Joint Dissolution of Marriage Requires all of the following: married 5 years or less no children born or adopted during the marriage and the wife is not now pregnant neither spouse owns any real estate no unpaid debts incurred during the marriage which exceed $4,000 community property of less than $25,000, excluding cars and loans, but including deferred compensation or retirement spouses present legally effective written and signed agreement for the division of property and payment of all debts PROPERTY: Community Property Prior to 9/17/65, an interlocutory decree was first entered and at the expiration of 1 year (if there had been no appeal motion for the new trial or reversal of the interlocutory decree) a final decree could be entered. From 9/17/65, through 12/31/69, (and for actions in which judgment was entered or a new trial granted between these dates) a final decree could be entered immediately after the interlocutory decree if 1 year had expired from the date of service of summons and complaint on the defendant spouse. A final decree of divorce severed the marital relationship and permitted either party to remarry. There was no waiting period after the entry of the final decree. A marriage contracted with a third party after the interlocutory decree but before the final decree is void whether contracted in California or in another jurisdiction because the parties are not divorced until the entry of the final decree. Since 1/1/70, (and for actions filed before that date with respect to issues as to which no interlocutory decree or judgment had been entered by that date) a final judgment dissolving the marriage may be entered, upon the motion of either party or the court, 6 months after the date of service of summons and complaint or appearance of the respondent. Such final judgment restores each party to the status of a single person and after its entry either may marry.

Divorce in California

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California Divorce Papers

California Divorce Forms and Information