Free Printable California Divorce Agreement & Requirements
Terms for dissolution of marriage
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MARITAL SETTLEMENT AGREEMENT (DIVORCE) State of California This Agreement is entered into on [DATE] between: PETITIONER: Name: [PETITIONER NAME] Address: [ADDRESS], CA [ZIP] RESPONDENT: Name: [RESPONDENT NAME] Address: [ADDRESS], CA [ZIP] Date of Marriage: [DATE] Place of Marriage: [LOCATION] 1. GROUNDS: [ ] No-fault/Irreconcilable differences [ ] Other: [SPECIFY] 2. PROPERTY DIVISION: Petitioner receives: [LIST ASSETS] Respondent receives: [LIST ASSETS] Jointly held property: [DESCRIBE DIVISION] 3. DEBTS: Petitioner assumes: [LIST DEBTS] Respondent assumes: [LIST DEBTS] 4. SPOUSAL SUPPORT: [ ] No spousal support [ ] [PAYOR] pays $[AMOUNT] per month for [DURATION] 5. CHILD CUSTODY (if applicable): [ ] Joint legal custody [ ] Sole custody to [PARENT] Primary residence: [PARENT] Visitation schedule: [DESCRIBE] 6. CHILD SUPPORT (if applicable): [PAYOR] pays $[AMOUNT] per month per California child support guidelines. This agreement is governed by California family law (CA Statutes). PETITIONER: _____________________ DATE: _____ RESPONDENT: _____________________ DATE: _____
FAQ: Divorce Agreement in California
Is a Divorce Agreement required in California?
Yes, in California, a Divorce Agreement is required for most transactions of this type. Under California Family Code § 2550-2660, the document must include all parties' information, be signed, and witnessed by at least one individual. Failure to use a proper Divorce Agreement may result in legal complications.
Does a Divorce Agreement need to be notarized in California?
Notarization requirements in California (CA) vary by transaction type. Notary fees in the state typically range from $15. While not always mandatory, notarization adds an extra layer of legal protection and is recommended for high-value transactions.
What are the tax implications of a Divorce Agreement in California?
California has a base sales tax rate of 7.25%. Depending on the type of transaction documented in your Divorce Agreement, additional local taxes may apply. Consult with a California tax professional for specific guidance on your situation.
Do both spouses have to agree to a divorce?
No, all US states allow no-fault divorce, meaning one spouse can file without the other's consent. However, an uncontested divorce (where both agree on terms) is faster, cheaper, and less stressful than a contested divorce.
How is property divided in a divorce?
Property division depends on your state. Community property states (like California and Texas) split marital assets 50/50. Equitable distribution states divide assets fairly but not necessarily equally, considering factors like income, duration of marriage, and contributions.
Can we write our own divorce agreement?
Yes, spouses can draft their own marital settlement agreement covering property division, spousal support, and child custody. The court must approve it to ensure it's fair and meets state requirements, especially regarding children.
Sarah Mitchell, J.D.
Legal Document Specialist
Licensed Attorney, 15+ years experience
Specializes in contract law and legal document preparation
This Divorce Agreement template for California has been reviewed for accuracy and legal compliance.
Last reviewed: March 2026
Divorce Agreement Costs in California
Estimated fees and processing times
| Fee Type | Cost | Notes |
|---|---|---|
| Notary Fee | $5-$15 (if required) | California standard rate: $15 |
| Filing Fee | Varies by state | State filing: $15 |
| Processing Time | 1-3 business days | Typical turnaround in California |
| Sales Tax | 7.25% | California base rate (local taxes may apply) |
| Witness Requirement | 1 witness | Single witness sufficient |
| Our Template | FREE | Download instantly, no cost |
California Divorce Agreement Legal Guide
This legally binding document in California serves as official proof of transaction and is recognized by courts and government agencies.
Under California Family Code § 2550-2660, residents of California must ensure this Divorce Agreement complies with all state requirements. The current sales tax rate is 7.25%, and notarization costs between $15. One witness is required in CA.
Ensure your transaction is legally sound in California with this expertly crafted, state-compliant template.
How to Complete This Form
Start by gathering all necessary information: party names, addresses, and relevant details specific to your transaction. California law under CA requires accuracy in every field. Once completed, have all parties review the document before signing. Depending on the transaction type, California may require notarization or witness signatures.
What California Attorneys Want You to Know
Practicing lawyers in California emphasize three things: accuracy, completeness, and compliance with CA statutes. A well-prepared Divorce Agreement saves time, money, and potential legal headaches down the road. When in doubt, a brief consultation with a California-licensed attorney is worth the investment.
How California Courts View This Document
California courts apply CA statutory standards when evaluating a Divorce Agreement. Judges look for: clear language, proper identification of parties, lawful purpose, and correct execution formalities. Meeting these standards ensures your document will be upheld if ever challenged.
California Statutory Requirements
The CA legislature has established specific guidelines for divorce agreement documents. These include proper execution formalities, witness requirements, and in some cases, mandatory filing with the county clerk's office. Non-compliance can result in legal complications.
Practicing lawyers in California emphasize three things: accuracy, completeness, and compliance with CA statutes. A well-prepared Divorce Agreement saves time, money, and potential legal headaches down the road. When in doubt, a brief consultation with a California-licensed attorney is worth the investment.
How California Courts View This Document
California courts apply CA statutory standards when evaluating a Divorce Agreement. Judges look for: clear language, proper identification of parties, lawful purpose, and correct execution formalities. Meeting these standards ensures your document will be upheld if ever challenged.
California Statutory Requirements
The CA legislature has established specific guidelines for divorce agreement documents. These include proper execution formalities, witness requirements, and in some cases, mandatory filing with the county clerk's office. Non-compliance can result in legal complications.
The CA legislature has established specific guidelines for divorce agreement documents. These include proper execution formalities, witness requirements, and in some cases, mandatory filing with the county clerk's office. Non-compliance can result in legal complications.
California Divorce Agreement Requirements
Review the following requirements to ensure your Divorce Agreement is legally valid in California.
California Notarization
While notarization may not be required in California, it is recommended. Fees range from $15.
Before You Sign
Review all information carefully. In California, a 7.25% sales tax may apply.
Legal Protection
Keep copies of all signed documents. California law requires all parties to receive copies of executed documents.
California Filing Deadlines
Check California deadlines for filing. The state filing fee is $15. Late filing may result in penalties.
Where to File Your Divorce Agreement in California
Visit your local County Clerk office to file or notarize your Divorce Agreement.
LA County Clerk
Los Angeles
12400 Imperial Hwy, Norwalk, CA 90650
SF County Clerk
San Francisco
1 Dr Carlton B Goodlett Pl, SF, CA 94102
San Diego County Clerk
San Diego
1600 Pacific Hwy, San Diego, CA 92101
Sacramento County Clerk
Sacramento
600 8th St, Sacramento, CA 95814
Other Forms in California
Divorce Agreement in Neighboring States
Document Information
- Document
- Divorce Agreement
- State
- California (CA)
- Category
- Family
- Format
- PDF / Word / Print
- Cost
- 100% Free
- Sales Tax
- 7.25%
- Notary Fee
- $15
California Legal Requirements
Governing Statute:
State Law
- ✓Consult with a licensed attorney for specific requirements
Legal Disclaimer
This template is for informational purposes only and does not constitute legal advice. Laws in California may change. Consult a licensed attorney for advice specific to your situation.