California Divorce & Community Property 2026

Family Code §2550, the 6-month waiting period, and how San Diego courts divide assets

By John Quigley · Updated April 29, 2026

California is a community property state. Under Family Code §2550, assets and debts acquired during marriage are divided 50/50. California is a no-fault divorce state — "irreconcilable differences" is sufficient grounds. The minimum waiting period is 6 months after service of the petition.

California Divorce Basics

California allows divorce (formally called "dissolution of marriage") based on irreconcilable differences under Family Code §2310. No one needs to prove fault — there's no need to allege adultery, abandonment, or any specific wrongdoing.

To file for divorce in California, at least one spouse must have lived in California for 6 months and in the county where you're filing for at least 3 months. For San Diego Superior Court, you need 3 months residency in San Diego County.

The 6-Month Waiting Period

California Family Code §2339 establishes a mandatory 6-month waiting period from service of the divorce petition before the divorce can be finalized. This is the absolute minimum — most contested divorces take 12–18+ months.

Community Property vs. Separate Property

Property Type	Definition	Division
Community Property	Assets/debts acquired during marriage	Split 50/50
Separate Property	Pre-marriage assets, gifts, inheritances	Returned to owner
Commingled Property	Mixed separate and community funds	Traced and divided
Quasi-Community	Earned in another state during marriage	Treated as community

Common Community Property Items in San Diego Divorces

Family home (San Diego's median home price: ~$825,000 as of 2026)
Retirement accounts (401k, pension, IRA contributions made during marriage)
Business interests and stock options
Military retirement (significant in San Diego)
Vehicles purchased during marriage
Credit card debt and mortgages taken during marriage

Spousal Support (Alimony) in California

California courts may award spousal support (Family Code §4320) based on multiple factors:

Length of the marriage
Each spouse's earning capacity and job market skills
Standard of living during the marriage
Whether one spouse supported the other's education or career
Age and health of both parties

For marriages under 10 years, support is typically awarded for half the marriage length. For marriages over 10 years, courts may set open-ended support with no fixed termination date.

San Diego Superior Court — Family Division

San Diego Superior Court's Family Division handles all divorce cases. The court is located at:

Central Division: 1100 Union Street, San Diego 92101
North County Division: 325 S. Melrose Drive, Vista 92081
East County Division: 250 E. Main Street, El Cajon 92020
South County Division: 500 3rd Avenue, Chula Vista 91910

San Diego courts require mandatory mediation through Family Court Services (FCS) for any contested custody issues before a judge will hear the dispute.

Military Divorce in San Diego

San Diego's large military population creates unique divorce issues:

Military pensions are divisible as community property under the USFSPA
BAH (housing allowance) and other military benefits affect support calculations
SCRA protections may affect divorce timelines during deployment
Tricare medical coverage ends 1 year after divorce unless the 20/20/20 rule applies

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This article is for informational purposes only and is not legal advice. Consult a licensed California family law attorney for guidance on your specific situation. SDAttorneyFinder is not a law firm.