California Divorce Records

In California, divorce (or dissolution of marriage) rates have declined, with 8.9% of residents divorced in 2021. Divorce rates vary by ethnicity, with Black or African American communities experiencing higher rates and Asian populations lower. Divorces are registered in the Superior Court of the county where one spouse resides, requiring one spouse to have lived in the state for six months and in the county for three months before filing.

California is a no-fault divorce state, allowing for divorce due to irreconcilable differences without proving wrongdoing. The process includes filing a petition, serving the other spouse, and observing a six-month waiting period before finalization.

Divorce records in California are public under the state's Public Records Act, though some may be sealed for privacy. Records for divorces from 1962 to June 1984 are stored with the Superior Court's Clerk and the California Department of Public Health.

What are Divorce Records?

Divorce records in California are official documents containing information on the dissolution of marriages in the state. The documents are typically created when a party to a divorce files or petitions for divorce and culminates in the divorce decree issued by the judge in the divorce matter. Once the divorce is finalized, the final judgment is recorded with the Clerk of the court as official documentation and proof of the dissolution of the union.

California divorce records provide legal documentation of the end of a marriage and are required for changing names, remarriages, and other legal purposes.

Are Divorce Records Public in California?

Divorce records in California qualify as public records under the state's Public Records Act, which means that members of the public can request that the relevant agencies obtain or inspect copies of the records.

However, California laws relating to divorce records seek to balance the public's right to information and the privacy rights of parties in a divorce. Consequently, certain divorce records in the state are sealed and made inaccessible to the public. Whether a divorce record or part of the information contained in the record will be available to the public depends on the case's specific circumstances.

California may allow the sealing of divorce records to protect sensitive personal information, such as information relating to financial data and minors. In addition, parties in a divorce can enter into confidentiality agreements during court proceedings to keep certain divorce court records, such as marital misbehavior and financial information, private.

Divorce Stats and Rates in California

Contrary to popular belief, California's divorce rate has steadily declined since 2014, with a rate of 8.9 per 1,000 residents in 2021. The divorce rate varies significantly across different ethnic groups, with Black or African American communities experiencing the highest proportion of divorces, while Asian populations have the lowest rates. Religious affiliations also play a crucial role in marriage dissolutions; historically, Black Protestants and Evangelical Protestants have had higher divorce rates compared to other religious groups. California is popular for its large number of same-sex households, ranking among the top ten states in the U.S., with over 62% of these couples being married.

There are significant regional variations in divorce rates across counties in California. For instance, Shasta County has the highest percentage of divorced residents at 14.3%, whereas Santa Clara County has the lowest at 7.3%. Additionally, the presence of children affects divorce rates. In 2021, 18.4% of males and 37.7% of females with children under 18 dissolved their marriages. While most children in California (63.7%) live with both parents, a significant portion reside with just one parent, predominantly their mothers.

Grounds for Divorce in California

Per Section 2310 of the California Family Code, a divorce in the state may be granted on two grounds: irreconcilable differences leading to the irretrievable breakdown of the marriage or incurable insanity.

California is a "no-fault divorce" state, which allows a divorce to be granted if one spouse claims irreconcilable differences without needing to prove specific faults or wrongdoing by the other party. This law contrasts with “fault-based” divorce states, where the party seeking divorce must demonstrate specific grounds for dissolution of the marriage.

For divorces based on irreconcilable differences, no evidence is required to prove these differences or to determine which spouse is at fault. A divorce will be granted as long as one spouse can prove that irreconcilable differences exist, even if the other spouse disagrees.

On the other hand, a divorce on the grounds of incurable insanity requires substantial proof. This includes reliable medical or psychiatric testimony demonstrating that the spouse was incurably insane at the time the divorce petition was filed and remains so. While only rarely invoked, this provision remains available under California law.

How to File for Divorce in California

You can file for a divorce in California by following these steps:

Meet Residency Requirements: California courts require at least one of the parties in the divorce to have lived at least six months in the state before filing for a divorce. Also, the spouse filing the petition must have resided in the county where the divorce is being filed for at least three months.
Filing the Petition: You can start the process by filing a petition for the dissolution of the marriage in the Superior Court in the county where you or the other party lives. The petition document will include basic details about the marriage and specify the requested court orders, such as alimony or property division. You may use the Find My Court resource on the California courts website to determine the correct court for filing based on your location. When you file the petition, you will pay a fee of between $435 and $450. You may apply for a fee waiver if you are unable to afford the fee.
Serving the Spouse: After filing the petition in court, you or someone you designate must deliver a copy of the petition and a summons to your spouse. This step informs your spouse of the divorce proceedings and provides them with 30 days to file a response. If the respondent (your spouse) does not respond within this timeframe, they forfeit the right to contest the divorce or go to trial.
Finish the Divorce: To finish the divorce, you must share financial information with your spouse and make an agreement on how to split your assets and property, handle finances, and care for and support your children. Once both parties have finalized these issues, submit the final paperwork to the court. If you and your spouse cannot agree, the court will decide for you.

Note that after filing, a mandatory six-month waiting period must be observed before the divorce can be finalized. This period allows for any necessary considerations and legal processes to take place. In addition, if children are involved in the divorce, you must complete a declaration form. This ensures that all relevant information regarding child custody and support is addressed.

California Courts provide a comprehensive self-help guide for divorce, which includes an overview of the process and links to all necessary paperwork. You can refer to these resources for further help. You may also consider hiring an experienced divorce lawyer in California to help handle the complexities in your case.

California Divorce Decree

A California divorce decree is the final court order that legally ends a marriage in California. In California, this decree is formally called a "judgment of dissolution of marriage," and the judge's signature validates it.

This document specifies the terms established by mutual agreement or court order, covering aspects such as child custody and visitation, spousal and child support, and the division of assets and liabilities. A California divorce decree is issued by the judge in the Family Division of the California Superior Court, and the Clerk of the Court maintains the record.

How to Find and Access California Divorce Records

Divorce records made available upon request in California may be an informational or authorized copy. Members of the public are typically allowed to access informational copies, while authorized copies are only provided to parties involved in the divorce or their attorneys.

California divorce records can be accessed in multiple ways. The state makes them available to the public through offline and online means.

Offline Access

The Vital Records Division of the California Department of Public Health (CDPH-VR) keeps records of divorces finalized in the state between 1962 and June 1984. The Division maintains only the face sheet of the divorce action and not the complete divorce decree. The CDPH-VR can provide a Certificate of Record, with the names of the parties involved in the marriage dissolution, the divorce petition filing date, the county where the divorce was finalized, and the case number of the divorce.

To request a Certificate of Record, mail a completed VS 113b (English or Spanish) form and a check or money order of $16 made payable to CDPH-Vital Records to:

California Department of Public Health

Vital Records MS 5103

P.O. Box 997410

Sacramento, CA 95899-7410

To obtain copies of the actual California divorce decree, you must visit the Superior Court in the county where the divorce occurred.

Online Access

Per California law, courts are allowed to keep official case records in electronic or paper format. Hence, official case records for divorce cases, including filing dates, case numbers, parties involved in the divorce, and a summary of pleadings, may be accessible in California jurisdictions where electronic access is provided.

In addition, some third-party websites provide access to California divorce records. However, record availability may vary from such websites, and a fee may apply for searching divorce records on such websites.

References

Counties in California

List of Content

What are Divorce Records?
Are Divorce Records Public in California?
Divorce Stats and Rates in California
Grounds for Divorce in California
How to File for Divorce in California
1. California Divorce Decree
How to Find and Access California Divorce Records
1. Offline Access
2. Online Access