California divorce laws state that you cannot file for a divorce in the state of California unless one of the parties is a resident of the state for at least six months prior to the divorce and a resident of the county in which the proceeding is filed for at least three months prior to the filing of the divorce decree. Divorce laws in California do recognize a legal separation. Legal separation and divorce grounds can be irreconcilable differences that have caused the breakdown of the marriage or incurable insanity, but you have to provide proof. Either parent can be awarded custody of the children. Spousal support is considered in the state of California, as well. Both parents have an equal responsibility when it comes to the support of the children who are involved; therefore, child support will be awarded. A prenuptial agreement is considered valid if in writing and signed by both parties and is enforceable without consideration. California law also states that if one party is a resident of the state for at least six months they can receive a divorce without the agreement of the spouse.