Getting Divorced
Fam. Code 2310 — irreconcilable differences, six months, and an equal division
In California, a marriage is dissolved, or the parties legally separated, on one of two grounds, pleaded generally: irreconcilable differences that have caused the irremediable breakdown of the marriage, or permanent legal incapacity to make decisions.
| The requirement | What the Family Code sets |
|---|---|
| The requirementResidence | What the Family Code setsOne spouse has lived in California for six months, and in the county of filing for three months, before the petition |
| The requirementThe earliest the marriage ends | What the Family Code setsSix months from service of the summons and petition, or the respondent's appearance, whichever comes first, extendable for good cause |
Property acquired during the marriage is community property, and the court divides the community estate equally. Except as a statute provides otherwise, all property acquired by a married person during the marriage while living in California is community property. Unless the parties agree in writing or in open court, the court divides the community estate equally.
A same sex marriage entered in California may be dissolved there even if neither spouse lives in the state, where neither lives somewhere that will dissolve it. Support, separate property and the exceptions to equal division are not set out here.
Sources for this section (5)
- Fam. Code 2310 — Grounds for dissolution of marriage
- Fam. Code 2320 — Residence required for a dissolution
- Fam. Code 2339 — The earliest date a dissolution judgment becomes final
- Fam. Code 760 — Community property
- Fam. Code 2550 — Dividing the community estate equally
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed California attorney.