California is a community property state. Assets and debts acquired during the marriage are presumed to be community property and are divided equally upon divorce (Family Code § 760). Separate property (assets owned before marriage, or received during marriage as a gift or inheritance) generally remains with the owning spouse, but that is not always the case. Classification disputes arise frequently when assets are commingled — for example, a spouse who uses separate funds to pay down a community mortgage, or business interests that grew during the marriage. Real estate, retirement accounts, stock options, and deferred compensation all require careful analysis to classify and value correctly.

California courts determine custody based solely on the best interests of the child (Family Code § 3011). Relevant factors include the child's health, safety, and welfare; each parent's ability to provide care and stability; the nature of each parent's relationship with the child; any history of domestic violence, substance abuse, or child abduction; and the child's ties to home, school, and community. California law does not favor either parent based on gender. Custody has two components: legal custody (who makes major decisions about education, health, and religion) and physical custody (where the child primarily lives). Either can be sole or joint.

California applies a statewide guideline formula set out in Family Code §§ 4050–4076. The formula considers each parent's net disposable monthly income, the percentage of time each parent has primary physical responsibility for the child, and allowable deductions including health insurance premiums, mandatory union dues, and certain hardship expenses. The guideline amount is presumed correct, though courts may deviate in limited circumstances — such as a parent's extraordinarily high income or where guideline support would be unjust. Child support calculation software (such as DissoMaster or X-Spouse) is widely used by courts and attorneys to compute the number.

California courts may award spousal support — also called alimony — during and after divorce to address economic disparity between spouses. Courts consider numerous factors under Family Code § 4320, including the length of the marriage, each spouse's earning capacity and marketable skills, the marital standard of living, the supported spouse's needs, any history of domestic violence, and contributions to the other's education or career. For marriages under 10 years, support is often set for roughly half the marriage length. For marriages over 10 years — considered "long-term" under California law — there is no presumptive end date, and support may continue indefinitely absent agreement or further court order.

Legal separation and divorce both involve court proceedings that divide marital property and establish support and custody arrangements. The critical difference: legal separation does not end the marriage — the parties remain legally married and may not remarry. Legal separation may be preferable when spouses have religious objections to divorce, wish to remain on a spouse's health insurance or retain other marital benefits, have not yet met California's residency requirement (six months in the state and three months in the county — Family Code § 2320), or simply want formal legal protections without fully terminating the marriage. A legal separation can later be converted to a dissolution by either party.

You are not legally required to hire an attorney, but the decision carries significant risk. California divorce involves court filings, mandatory financial disclosures (Preliminary and Final Declarations of Disclosure, Family Code §§ 2100–2113), community property analysis, support calculations, and — when children are involved — custody and parenting plan negotiations. Errors in financial disclosures can be set aside years later. Improperly divided retirement accounts (which require a separate Qualified Domestic Relations Order) can result in substantial financial loss. Given that divorce settlements are largely permanent, the cost of experienced legal representation is almost always a sound investment — particularly when the stakes involve a home, retirement accounts, a business, or children.