How do I end my marriage?
There are three main ways to terminate a marriage in California: divorce, legal separation, and annulment. California is a “no fault” state, which means that neither party needs to prove wrongdoing in a divorce or legal separation. When filing, one party only needs to state “irreconcilable differences”. Additionally, there does not need to be a mutual agreement to
terminate a marriage. A spouse or partner cannot stop the process simply by refusing to attend of participate.
What is the difference between divorce, annulment, and legal separation?
A divorce (also called “dissolution of marriage”) ends your marriage. After you get divorced, you will be single, and you can marry or become a domestic partner again.
A legal separation does not end a marriage. Reasons for opting for a legal separation could be personal, religious, or financial. A legal separation is not permanent and, given certain circumstances, may be changed to a divorce case later on.
A divorce or legal separation case can involve orders for child custody and visitation, child support, spousal or partner support, division of communal property, debt payment, or domestic violence.
An annulment (“nullity of marriage”) is when a court says your marriage is NOT legally valid. After an annulment, the marriage is considered nonexistent. It is important to note that a marriage is never legally valid if it is incestuous (between close blood relatives) or bigamous (when one spouse is currently in another marriage). An annulment differs from a divorce and a legal separation because “irreconcilable differences” is not a viable reason for an annulment.
What residency requirements must I meet before getting divorced in California?
In order to get divorced in California, residency must be established. One spouse or both spouses must have resided in California for a minimum of six months before filling a petition for dissolution. Additionally, one must live in the county of filing for three months prior to the filing. Both spouses do not need to show residency, only one.
How do I begin a divorce?
Visit the California Judicial Branch's Self-Help Guide (linked below) for a walkthrough of the divorce process. The Riverside County Superior Court (linked below) provides form packets and other information, such as a workshop calendar.
Recommended Resources
Online:
California Judicial Branch Self-Help: Divorce in California
Riverside Superior Court Self-Help: Divorce or Dissolution
DivorceNet from Nolo
Books:
(All titles are available electronically from any RCLL location unless otherwise noted. Ask staff about remote availability.)
California Family Law Basics (Harriett Buhai Center for Family Law)
Available in print: Riverside, Palm Springs, (Not available digitally)
Call Number: KFC 115 .F33
How to Do Your Own Divorce in California (Nolo Press)
Available in print: Riverside, Palm Springs, Temecula, (Not available digitally)
Call Number: KFC 126 .S54 H6 2015 REF
Divorce after 50 (Nolo/EBSCO)
Available in print: Riverside, Palm Springs
Call Number: KF 535.Z9 G738 2022 REF
Building a Parenting Agreement that Works: Child Custody Agreements Step-by-Step (Nolo Press/EBSCO)
Available in print: Riverside, Palm Springs
Call Number: KF 547 .L97 2025 REF
California Family Law: Practice and Procedure (Lexis)
Available in print: Riverside, Palm Springs
Call Number: KFC 115 .C3
See Volumes 3 and 4
Practice Under the Family Code: Dissolution, Legal Separation, Nullity (CEB)
Available in print: Riverside, Palm Springs, Temecula
Call Number: KFC 115 .P73 CEB
The Rutter Group California Practice Guide: Family Law (Westlaw)
Available in print: Riverside, Palm Springs, Temecula
Call Number: KFC 115 .H64
Pertinent California Codes:
CA Family Code Sec.2000-2452
Please Note: The information presented in this research guide is intended to provide a
foundation for legal research. For information pertaining to your case please consult with an
attorney, court facilitator, or specialist.
Revised 10/29/25
