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California's Dissolution and Legal Separation
sdcourt.ca.gov, Nov 25, 2005
California law entitles you to a divorce (called a dissolution) based on irreconcilable differences. Fault in causing the breakdown of the marriage is no longer relevant in California. Your spouse does not need to give you permission, or even agree with you. To file for a divorce you or your spouse (Family Code section 2320) must have lived in the state of California for the last six months, and in the county where you file for the last three months. If you do not meet these residency requirements you may still file for a legal separation.
Before you file for a dissolution, understand that a divorce:
1. Will legally end your marriage forever
2. May divide your property and debts
3. May provide for child support and if requested, spousal support
4. May determine who will care for the children and be entitled to make decisions on their behalf.