What are the basic laws regarding divorce in California?
James Williams
Published Mar 27, 2026
While divorce laws vary by state, here are the basic steps: First, you must meet the residency requirements of the state in which you wish to file. Second, you must have “grounds” (a legally acceptable reason) to end your marriage. Third, you must file divorce papers and have copies sent to your spouse.
What should estate planning not do?
Common mistakes include:
- Financial procrastination.
- Outdated wills and forms.
- Uncoordinated beneficiaries.
- Failure to title a trust.
- Triggering the estate tax with life insurance.
- Making children joint owners of your assets.
Does California require counseling before divorce?
The California courts do not offer nor require counseling. California is the original “no fault” state; all that is required to establish grounds for a divorce is for one party to unequivocally state that the marriage has “irreconcilable differences” that have led to the “irremediable breakdown” of the marriage.
What is the wife entitled to in a divorce in California?
California is a community property state, which means that all assets and debts acquired during the marriage are equally owned by both parties and they must be divided equally. Anything you acquired prior to your marriage will remain legally yours even after your divorce.
What does joint tenancy mean in California?
joint tenants
What is joint tenancy? Joint tenancy is a property ownership structure between two or more co-owners in which each person owns an undivided interest of the property (called joint tenants). In California, the majority of married couples hold their real estate property as joint tenants with right of survivorship.
Is a joint tenancy severed on divorce?
Does divorce sever a joint tenancy? Not directly. However, the courts will consider whether there is sufficient immediate intention to receive a specific share made by either party to the divorce proceedings. If the court believes there is such an intention then it will sever the tenancy during the proceedings.
