How Do You File for Divorce in California If You Have Kids and a House?
A question we often hear is: “I want to file for divorce in California, but I’m not sure how. We have children and own a home, but no other major assets. I just want it to be as straightforward as possible—do I need a lawyer, what will it cost, and how are child custody and property handled?”
If this is you, take a breath—you’re not alone. Divorce in California has its complications when kids and real estate are involved, but knowing the key steps ahead of time helps a lot.
Divorce Basics in California
California is a no-fault divorce state: you don’t need to prove wrongdoing. The marriage simply needs to be irretrievably broken.
Residency requirement: one spouse must have lived in California for at least 6 months, and in the county where you’ll file for at least 3 months.
Do You Need a Lawyer?
Technically, no. California courts provide self-help / DIY divorce forms. But because you have children and a house, it’s often wise to consult with a family law attorney or mediator. Issues like child custody, child support, and what happens to the house can be complex.
How Much Does It Cost?
Filing fees: Vary by county.
Attorney fees: Lower if uncontested, much higher if custody or property division is disputed.
Mediation: Often a lower-cost option than full litigation.
What About the House & Property Division?
California is a community property state. Anything acquired during the marriage (including real estate and debts) is generally shared equally.
If you can’t agree on what to do with the house, a judge may order it sold and proceeds divided, or one spouse may buy out the other.
Refinancing, mortgage payments, or home improvements made with marital funds may affect whether property is separate or community.
Custody, Parenting Time, and Child Support
Custody is decided based on the best interests of the child. Neither parent is automatically favored.
Parents may create their own custody agreement (a “parenting plan”), but if not, the court will decide.
Child support is calculated using California’s statutory guidelines, with possible adjustments for special expenses.
Steps to Get Started
Confirm residency requirements.
Gather documents (marriage certificate, mortgage/deed, financials, children’s info).
Try to reach agreement with your spouse on custody, child support, and what to do with the house.
File the petition for dissolution in your county.
Finalize: judge signs off once all issues are resolved.
Things You May Not Realize in California
Even if the house is titled in one spouse’s name, if it was purchased or maintained during marriage with joint funds, both spouses may have claims.
Child custody orders can be revisited later if circumstances change.
Stay-at-home parents may qualify for spousal support in long marriages.
A Gentle Reminder
This post is for educational purposes only and is not legal advice. Divorce laws can change, and every situation is unique. Please consult a qualified professional before making decisions.
At Fresh Starts, you can search our Expert Guide by state to find vetted attorneys, mediators, financial experts, and therapists in California who can guide you through the process with compassion and clarity.
