California Divorce Records

According to recent data from the National Center for Family and Marriage Research, California has a divorce rate of 12.40 divorces per 1,000 married women, lower than the national average of 14.56 divorces per 1,000 married women.

You may file for divorce in California on one of two grounds - "irreconcilable differences leading to an irremediable breakdown of the marriage" or "a permanent legal incapacity (of one spouse) to make decisions". California is generally considered a no-fault divorce state, meaning that neither spouse is typically required to prove wrongdoing on the part of the other spouse to end the marriage. However, if you are filing on the grounds of permanent legal incapacity, you will be required to provide acceptable proof, such as competent medical or psychiatric testimony.

On average, it costs about $14,435 per person to file for divorce in California, significantly higher than the national average of $9,969. Divorce costs in the state are influenced by several factors. These include attorney fees, court costs, mediation expenses, the involvement of kids, and whether issues like assets, custody, and support are being contested. Contested divorces, in particular, tend to be far more expensive and time-consuming than uncontested ones.

Are Divorce Records Public in California?

Divorce records in California are deemed public records under the state's Public Records Act; as such, they may be viewed and copied by any interested party.

However, it should be noted that, per the California Rule of Court 2.503, these records are generally not available for remote access, meaning they usually need to be viewed at the courthouse (holding the record in question). Additionally, access to certain divorce records or information contained in the record(s), may be limited to specific authorized individuals, such as the divorcing couple and law enforcement. This typically applies to sealed court records and records with sensitive or statutorily confidential information, like drug test results, personal information on abuse victims, or psychological evaluations.

What Is Included in California Divorce Records?

The term "divorce records" generally refers to different types of documents detailing divorce proceedings in California. These include:

• Divorce Decrees: Also referred to as "divorce judgments", these are the primary types of divorce records available in the state. Divorce decrees usually include detailed information about the divorce, such as the names of the parties involved, the type of divorce, the divorce date, property division, spousal support, child custody, and visitation arrangements. These documents are created and maintained at the county level by Superior Courts and typically have to be accessed through the specific court that handled the divorce case.
• Certificates of Record: Also referred to as "divorce certificates", these are fact sheets issued by the California Department of Public Health that serve as confirmation of a divorce action. Certificates of records typically contain limited information (compared to divorce decrees), such as the names of the divorcing couple, the date and location of the divorce, and the divorce case number.
• Divorce Court Files: These refer to a variety of documents related to a specific divorce proceeding, such as the divorce petition, financial disclosures, spousal orders, and marital settlement agreements. These files are kept at the courthouse handling the divorce case.

How Do I Find California Divorce Records?

California divorce records are primarily kept by the Superior Court in the county where the divorce was filed, and certified copies of these records may be obtained directly from the relevant court. Common reasons for requesting access to California divorce records include:

• Confirming the legal status of a divorce
• Updating marital status for Social Security, insurance, or financial institutions
• Resolving issues related to child custody, support, or visitation
• Processing name changes or updating legal documents

Look Up California Divorce Certificate

The California Department of Public Health maintains records of divorces that occurred across the state from 1962 - June 1984 and offers access to these documents in the form of a Certificate of Record. To obtain copies of these records, complete and mail an Application for Certificate of Record for a Divorce, along with a $16 (per copy required), to the department at:

Requests are typically processed within 14 - 16 weeks.

Look Up California Divorce Decree

You may access copies of California divorce decrees by taking the following general steps:

• Determine the Superior Court where the divorce was filed.
• Submit a request to the court. You will typically need to provide information that can be used to facilitate a record search, such as the names of the couple (on the record) and/or a case number. Note that you may be required to complete a written form, which is usually available for download on the court's official website or in person at the courthouse; some Superior Courts also have online portals through which record requests may be submitted.
• Pay the stipulated fee. This varies by county but generally ranges from $10 - $130 per copy. Note that you may also be required to provide additional documentation, such as a valid ID.

Look Up California Divorce Court Records

While California courts do not typically provide public access to whole divorce court files, you may access specific documents in the file, like marital settlement agreements and spousal orders, by contacting the Superior Court that handled the case. Depending on the court, you might need to submit a written request for the record. You may also be required to provide a valid ID and pay a search and/or copy fee for the required record(s).

Can You Seal Divorce Records in California?

Yes, you may seal divorce records in California under certain circumstances, which usually involve protecting sensitive financial information, ensuring the safety of a party and/or child involved in the divorce, or maintaining privacy.

You may initiate the process of sealing your divorce records by filing a motion with the court (that handled the case) and providing a compelling reason for the request, along with supporting documentation, where necessary. A judge will review the request and may schedule a hearing before making a decision. If the motion is granted, the record(s) will be kept separate from the public files and may only be accessed by authorized parties.

How Long Does a Divorce Take in California?

The timeline for divorce in California largely depends on whether the divorce involves disputes that need to be settled by the court (contested) or if both parties agree on all terms without needing a court's intervention (uncontested).

California imposes a mandatory six-month waiting period from the date divorce papers are served before the divorce can be finalized. Uncontested divorces are often completed shortly after this period, while contested divorces may take longer, sometimes up to a year or more, depending on the complexity of the case and the issues being disputed.

Does California Require Separation Before Divorce?

No, California does not require a period of separation before filing for divorce. However, the six-month waiting period also serves as a cooling-off period before the divorce is finalized, in case the couple decides to call off the divorce.

How Are Assets Split in a California Divorce?

California is a community property state, meaning that assets and debts that are acquired during the marriage are considered jointly owned by the couple. Under state law, these assets and debts are divided equally (50/50) in a divorce, unless the couple has a written agreement (or orally agree in court) stating otherwise.

Be aware that even if a couple decides to divide their assets informally, a judge must formally approve the agreement. Also, any assets or debts acquired before the marriage or after the couple separates, along with inherited gifts, are considered "separate property" and are usually not subject to an equal split.

Who Gets Custody of a Child in Divorce in California?

Historically, there have been societal biases against fathers in custody disputes in California, largely influenced by the "Tender Years Doctrine," which suggested that young children were better cared for by their mothers. However, California law has evolved to eliminate gender bias, emphasizing that both parents have equalrightsto child custody. Notwithstanding this, divorced fathers in California typically get about 32.8% parenting time (equating to 120 days per year), lower than the national average of 35%.

California law recognizes two types of child custody:

• Legal custody refers to who makes important decisions for the child.
• Physical custody refers to who the child lives with most of the time.

Legal and physical custody can be either joint (shared by both parents) or sole (awarded to one parent). With joint legal custody, both parents share decision-making responsibilities on important issues like schooling, travel, and religious activities, while sole legal custody grants one parent the exclusive right to make these decisions. Likewise, joint physical custody allows the child to spend significant time with both parents (though not necessarily equally), while sole physical custody means the child primarily lives with one parent, while the other may have visitation rights.

During a divorce, the couple is usually allowed to mutually come up with a parenting plan describing how their child (or children) will be cared for, where they will live, and how much time they will spend with each party. However, if both spouses cannot agree on this plan, the court will decide for them. California courts generally prioritize the best interests of the child when determining custody arrangements, and their decision is usually based on the following considerations:

• The child's age and health
• The emotional bond between the parents and child
• Each parent's ability to care for the child
• The child's connections to their home, school, and community
• Past incidents of family violence (if any)
• Any regular and ongoing substance abuse by either parent