How Do California's Divorce Laws Compare to Other States?


If you’re thinking about filing for a Pasadena divorce, you may be wondering how California’s divorce laws compare to the laws in other states.

California is a community property state, as is Arizona, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. Alaska allows spouses to opt-in to the community property system by signing an agreement that classifies certain assets as community property.

California’s filing fee is $395. This is the third highest filing fee in the United States, surpassed only by Minnesota and Florida. Mississippi has the cheapest filing fee in the United States, with a divorce filing costing just $52.

The minimum processing time for your California divorce is 360 days. Arkansas has the longest processing time, with a minimum of 540 days required for your divorce. New Hampshire has no minimum processing time required at all.

However, it’s important to keep in mind that you have to be a resident of whatever state in which you want to file for divorce. California, for example, requires that either you or your spouse have lived in the state for the last six months and the county where the divorce will be filed for the last three months. This is in the middle range of residency periods when compared to other states.

If you are thinking of moving at some point in the future, keep in mind that most experts recommend obtaining a child custody order from the state in which you and your children will be living. Therefore, it might be best for you to establish residency in your new state before filing for divorce. This is an issue to discuss in greater detail with your attorney.

How Can We Help?

Please call our office at (626) 683-8113 or email us at if you are in need of legal representation during your divorce. Our Pasadena divorce lawyers have extensive experience handling a variety of settlement concerns.