Divorce papers in California: every form, fee, and filing step

Last updated 2026-07-09

What divorce papers do you need in California?

California runs on Judicial Council forms. Every court in the state uses the same standardized paperwork, which means the form numbers are identical whether you file in Los Angeles, Sacramento, or a small rural county. That's genuinely useful: you can download the PDFs straight from the California Courts website and they'll be accepted anywhere in the state.

The core packet for an uncontested divorce without children looks like this:

Form	Name	Who files it
FL-100	Petition for Dissolution of Marriage	Petitioner
FL-110	Summons (Family Law)	Petitioner
FL-140	Declaration of Disclosure	Both parties
FL-150	Income and Expense Declaration	Both parties
FL-142	Schedule of Assets and Debts	Both parties
FL-141	Declaration Regarding Service of Declaration of Disclosure	Both parties
FL-180	Judgment	Both parties
FL-190	Notice of Entry of Judgment	Court issues it

Have minor children together? You also need FL-105 (Declaration Under UCCJEA) and FL-311 or FL-341 for your parenting plan. Want to divide a retirement account? You'll need a separate Qualified Domestic Relations Order (QDRO), which is its own beast entirely and worth talking to a divorce attorney about before you try to write one yourself.

All of these forms are free PDFs from the California Courts self-help center ^[1]. You don't need to buy them from anyone.

Where do you get California divorce papers?

The official source is the California Courts website at courts.ca.gov. The Judicial Council publishes every family law form there as a free, fillable PDF. Search the form number (FL-100, FL-110, and so on) and you'll land directly on the current version.

Your county superior court's self-help center is the second place to go. Most counties have walk-in help centers staffed by facilitators trained to assist self-represented litigants. They can't give legal advice, but they can tell you which local forms your county requires on top of the statewide Judicial Council forms. Some counties keep a small stack of local forms that aren't on the state website. Los Angeles, for example, has its own local rules that occasionally require additional cover sheets ^[2].

A third option is a document preparation service or an online packet. If you want everything pre-filled and cross-checked for consistency, a service that covers California uncontested divorces (DivorceClear's $149 packet is one example) will compile the full set of Judicial Council forms with your information already entered. That saves time and cuts the chance that you accidentally submit an outdated version of a form the Judicial Council has since revised. Go that route or fill the forms yourself, the filed documents are identical. The court doesn't care who typed them.

Never pay for the blank PDFs. If a site charges you just to download FL-100, leave.

What are the California divorce filing fees?

The Petitioner pays a first appearance fee when filing the initial divorce papers. As of 2024, that fee is $435 in most California counties ^[3]. The Respondent pays the same $435 when they file their Response (FL-120). So if both of you take part, the combined court cost is $870 before any additional motion fees.

Some counties add small surcharges. A few charge up to $450 for the first appearance. Check your county superior court's fee schedule, because the Judicial Council sets a baseline but counties can go slightly higher.

Can't afford the filing fee? File form FW-001 (Request to Waive Court Fees) at the same time as your petition. California waives fees for people whose income sits at or below 125% of the federal poverty level, or who receive Medi-Cal, CalFresh, SSI, or similar benefits ^[4]. Fee waivers are real and courts grant them routinely. Don't skip filing over cost without at least checking.

Beyond the filing fee, there are no mandatory court costs in an uncontested case. You're not paying for hearings you don't attend. The judge reviews the paperwork, signs the judgment, and the clerk mails the Notice of Entry of Judgment. Simple.

Process server fees run $50 to $150 if you hire one to serve the Respondent. A friend or family member over 18 (not you) can serve the papers for free and sign the Proof of Service (FL-115).

How does the California divorce process work step by step?

California divorce runs on a fixed sequence. Skip a step or do them out of order, and the case stalls.

Step 1: File the petition. The Petitioner files FL-100, FL-110, and FL-105 (if there are children) at the county superior court. Pay the filing fee or submit FW-001. The clerk stamps and returns copies.

Step 2: Serve the Respondent. Within 30 days of filing (courts are flexible here), a third party over 18 serves the Respondent with the filed FL-100, the FL-110 Summons, a blank FL-120, and any local cover sheets. The server completes FL-115 (Proof of Service of Summons) and files it with the court ^[5].

Step 3: The Respondent responds (or doesn't). The Respondent has 30 days to file FL-120. In an uncontested divorce, the Respondent often files FL-120 agreeing to everything. If the Respondent doesn't respond at all within 30 days and you have a signed agreement, you can proceed by default.

Step 4: Exchange financial disclosures. Both parties complete FL-140, FL-150, and FL-142, then serve (not file) them on each other. Each person then files FL-141 confirming they served their disclosures. This step is not optional. Courts reject a final judgment if FL-141 isn't on file for both parties.

Step 5: Prepare the judgment package. Once you've agreed on everything in writing (property, support, custody if applicable), you prepare FL-180 (Judgment), FL-170 (Declaration for Default or Uncontested Dissolution), your Marital Settlement Agreement, and any required child custody or support orders.

Step 6: Wait out the six-month period. California Family Code Section 2339 says the court cannot finalize a divorce until six months and one day after the Respondent was served or first appeared in the case ^[6]. This clock runs regardless of how organized your paperwork is. Submit your judgment package anytime after the disclosure exchange, but the judge won't sign until the waiting period expires.

Step 7: The judge signs, the clerk notifies. You receive FL-190 (Notice of Entry of Judgment) with the date your divorce is final.

How long does a California divorce take?

Six months minimum. That's not a backlog estimate or a case average. It's the law. California Family Code Section 2339 sets the mandatory waiting period at six months from service or first appearance, whichever comes first ^[6].

In practice, uncontested cases in well-organized counties finalize between six and nine months. Counties with large caseloads, like Los Angeles or San Bernardino, can take longer just because the clerk's office has more submissions to review. Some self-represented litigants find their judgment stalled over a form error or a missing FL-141, and that pushes things out further.

Want to finish as close to the six-month mark as possible? File everything correctly the first time and submit your complete judgment package (FL-180, FL-170, MSA, FL-141 for both parties) to the court a few weeks before the six-month date. Many courts will review and hold the package so a judge can sign it on or shortly after the qualifying date.

Contested divorces take much longer. A case that goes to trial averages 12 to 18 months statewide, and complex asset cases run longer. That's the main practical reason to settle everything by agreement.

What is California's residency requirement for divorce?

At least one spouse must have lived in California for six months before filing, and must have lived in the county where they're filing for at least three months ^[7]. Both conditions have to be met on the date you file.

Just moved to California? You have a couple of options. You can file for legal separation immediately (no residency requirement) and then amend to a dissolution once you qualify. Or you can wait until the three- and six-month marks are met.

Military members stationed in California satisfy the residency requirement by being stationed there, even if their home of record is another state.

If neither spouse lives in California anymore but you married here, you generally cannot file here. File where one of you currently lives.

Does California have a no-fault divorce law?

Yes. California was the first state in the country to adopt no-fault divorce, in 1969. You don't need to prove adultery, abandonment, or any wrongdoing. The only ground used in virtually every California divorce is "irreconcilable differences," which means the marriage has broken down and there's no reasonable possibility of reconciliation ^[8].

The other available ground is "incurable insanity," which requires medical testimony and almost never gets used.

No-fault matters in practice because one spouse cannot block a divorce by refusing to participate. If the Respondent ignores the case, the Petitioner proceeds by default and still gets a judgment. The marriage ends on the court's timeline, not the unwilling spouse's.

How do you fill out California divorce form FL-100?

FL-100 is the Petition for Dissolution of Marriage, and it's the document that opens your case. The fillable PDF from courts.ca.gov walks you through it section by section.

Here's what each major section asks:

Caption (top of form): Your name (Petitioner), your spouse's name (Respondent), and the county court name. Leave the case number blank until the clerk assigns one.

Item 1 (Residence): Check the boxes confirming the residency requirements are met. If you're the one who has lived in the county 3+ months and the state 6+ months, you check the Petitioner box.

Item 2 (Statistical facts): Date and place of marriage, date of separation. The date of separation matters for community property math, so be consistent with whatever you put on other forms.

Item 3 (Minor children): List names and birthdates of all minor children of the relationship. If none, check the box.

Item 4 (Property): Check boxes indicating whether you have community property, separate property, or both. Don't try to list everything here. That's what FL-142 is for.

Items 5-10: Requests to the court, including whether you want spousal support, restoration of a former name, and other relief. Check only what you're actually asking for.

Sign at the bottom. Your attorney signs if you have one. If you don't (fine for an uncontested divorce), you sign as a self-represented party.

One common mistake: people leave Item 2's date of separation blank or inconsistent with their MSA. The date of separation in FL-100 should match the date in your settlement agreement exactly.

For a fuller overview of what divorce papers generally contain across states, that context helps you understand what each California form is doing.

What goes into a California Marital Settlement Agreement?

The Marital Settlement Agreement (MSA) is your private contract with your spouse that resolves every issue in the divorce: property division, debt allocation, spousal support (or a waiver of it), and if you have children, custody, visitation, and child support. The court folds it into the final judgment.

California has no Judicial Council form for the MSA itself. You write it as a typed document with both spouses signing in front of a notary. Notarization isn't required by statute for the MSA to be valid, but it is required if you're using the MSA to transfer real property, because the deed needs notarization separately.

A solid MSA for an uncontested case covers:

• A statement that the marriage is irretrievably broken
• Division of all real property with legal descriptions
• Division of bank accounts, investment accounts, vehicles, and personal property
• Allocation of debts, including credit cards, mortgages, and loans
• Spousal support amount and duration, or a mutual waiver
• If children: legal custody, physical custody schedule, holiday schedule, and monthly child support in a number that matches the California Guideline Child Support Calculator output ^[9]
• Health insurance for children
• Tax filing status for the transition year

Child support in California is set by statutory guideline formula, not by agreement alone. A judge will not approve a child support amount that runs significantly below guideline without specific findings. Use the state's Dissomaster or the free online calculator from the Department of Child Support Services to get the right number before you write it into your MSA ^[9].

Here's a number worth knowing: California consistently ranks below the national average for divorce rates. The Public Policy Institute of California ties that partly to the state's demographics and partly to the cost and length of the process working as a deterrent. More context on the national picture is in our piece on the divorce rate in America.

How do you file California divorce papers if you agree on everything?

An uncontested divorce where both spouses cooperate is the simplest version of a California dissolution. Here's how it actually flows.

Both spouses agree on all terms before anything gets filed. You draft your MSA, run your child support numbers through the guideline calculator, and both sign the agreement.

The Petitioner files FL-100, FL-110, and FL-105 (if applicable) at the county superior court. Then the Respondent is served. In a cooperative case, a friend or process server physically hands the Respondent the papers, the Respondent signs a Notice and Acknowledgment of Receipt (FL-117), and the server files FL-115 or FL-117 with the court.

The Respondent files FL-120 (Response), either checking that they agree with the petition or filing a responsive pleading that confirms no contest. Some courts accept a "Respondent's Waiver" in place of a full FL-120 response if the case is clearly uncontested. Call your county clerk to ask their preference.

Both parties complete and exchange financial disclosures (FL-140, FL-150, FL-142), then each files FL-141.

Submit the judgment package: FL-180, FL-170, your signed MSA, and any child custody or support orders (FL-341 series if needed). Some counties want a cover letter listing every document in the package. Check your county's local rules.

Wait for the six-month mark. The judge signs. FL-190 arrives in the mail. Done.

Want a full checklist and pre-filled forms for the complete packet? The DivorceClear $149 uncontested divorce document packet includes all statewide Judicial Council forms with instructions specific to your county.

How to get divorce papers in Colorado (and how it compares to California)

Colorado is a separate state with its own court system, forms, and rules. It comes up often alongside California questions because people move between the two states or have spouses living apart.

In Colorado, the process is called "dissolution of marriage" and the filing forms come from the Colorado Judicial Branch at coloradojudicial.gov. The primary forms are JDF 1101 (Petition for Dissolution of Marriage), JDF 1102 (Case Information Sheet), and JDF 1104 (Summons) ^[10]. These are the rough equivalents of California's FL-100, local case cover sheet, and FL-110.

Colorado's filing fee is $230 for the petition as of 2024, well below California's $435 ^[11]. The Respondent's response fee is $116. Colorado also has a mandatory waiting period, but it's 91 days from the date the Respondent is served, not six months like California ^[10].

Colorado requires one spouse to have lived in the state for 91 days before filing. California requires six months in the state and three months in the county. Colorado's residency bar is lower.

For financial disclosures, Colorado uses the Sworn Financial Statement (JDF 1111) where California uses FL-150. Both states require full financial disclosure before a court will finalize a divorce.

Looking for Colorado divorce papers as PDFs? Download them free from coloradojudicial.gov. Don't pay for blank Colorado forms any more than you'd pay for blank California forms.

The short version: Colorado is faster (91 days vs. 6 months), cheaper to file, and has a shorter residency window. If you legitimately live in Colorado, you'd file there. If you're in California, you file in California. Courts won't let you pick the state you prefer.

Feature	California	Colorado
Minimum waiting period	6 months (180 days)	91 days
Residency requirement	6 months in state, 3 in county	91 days in state
Petitioner filing fee	$435	$230
Primary petition form	FL-100	JDF 1101
Forms source	courts.ca.gov	coloradojudicial.gov
No-fault ground	Irreconcilable differences	Irretrievable breakdown

What are common mistakes people make with California divorce papers?

The same handful of errors come up over and over in self-represented California cases. Watch for these.

Using outdated forms. The Judicial Council revises forms periodically. If you downloaded FL-150 two years ago, it may have changed. Go back to courts.ca.gov and download fresh copies before filing.

Missing FL-141. Failing to file the Declaration Regarding Service of Declaration of Disclosure for both parties is probably the single most common reason California judgment packages get rejected. The court physically cannot sign the judgment without FL-141 on file for each spouse.

Inconsistent dates. The date of marriage and date of separation in FL-100 must match your MSA, your FL-150, and your FL-142. Judges and clerks notice when dates drift across documents.

Filing in the wrong county. You file where the Petitioner lives, or where the Respondent lives if the Petitioner doesn't meet the three-month county requirement. File in the wrong court and the case gets transferred or rejected.

Listing retirement accounts incorrectly. A 401(k) or pension accrued during marriage is community property in California. You can't just write "each party keeps their own retirement accounts" in your MSA and call it done. You need a QDRO to actually split a defined benefit plan or 401(k). Courts will approve a waiver of retirement rights, but it has to be explicit.

Child support below guideline without explanation. Agreeing to child support below the California guideline amount? The judgment package needs a declaration explaining why and confirming both parties understand the guideline figure. Without that, the judge won't sign.

Knowing the broader laws divorce framework helps you catch these issues before they cost you a rejection and a trip back to the clerk's window.

Do you need a lawyer to file divorce papers in California?

No. California courts explicitly allow self-represented litigants, and tens of thousands of people file their own divorces every year. The California Courts self-help center is built specifically for this ^[1].

That said, some situations make DIY a bad idea. Complex community property, a business, significant retirement assets, disputed custody, a domestic violence history, or a spouse who won't cooperate all create complications that generic forms don't resolve well. In those cases, at least a consultation with a divorce lawyer is worth the hour and the fee.

For a genuinely uncontested case where you agree on everything, neither spouse has a business to value, and the assets are straightforward (a house, some accounts, some debts), self-filing is realistic. The forms are free, the court self-help centers exist to guide you, and you can finish the whole process without hiring anyone.

Limited scope representation is a middle option. A California attorney can review just your MSA, or just your judgment package, for a flat fee. You file yourself but get professional eyes on the document that matters most. Many family law attorneys offer this.

Frequently asked questions

Can I download California divorce papers as a PDF for free?

Yes. Every California divorce form is available as a free fillable PDF at courts.ca.gov. Search the form number (FL-100, FL-110, FL-150, etc.) and download directly. You should never pay for blank California Judicial Council forms. Any site charging for blank state forms is marking up a free government resource.

What is the FL-100 form used for in a California divorce?

FL-100 is the Petition for Dissolution of Marriage. It's the document that officially opens a California divorce case. The Petitioner fills it out with basic marriage facts (date married, date separated, county of residence) and checks boxes for what they're requesting from the court, including property division, spousal support, and child custody if applicable.

How much does it cost to file divorce papers in California?

The Petitioner pays $435 in most California counties for the first filing. The Respondent pays the same $435 if they file a Response. Total court costs for both parties in an uncontested case are typically $870, plus $50-$150 if you hire a process server. If you can't afford it, form FW-001 requests a fee waiver based on income or public benefits enrollment.

How long do you have to be separated before filing for divorce in California?

California has no minimum separation period before filing. You can file the day you decide to divorce. The six-month waiting period starts after the Respondent is served or first appears in the case, not from any separation date. Your date of separation matters for community property calculations, but it doesn't delay your ability to file.

What is California's mandatory six-month waiting period?

California Family Code Section 2339 prohibits a court from finalizing a divorce until six months and one day after the Respondent was served with the summons or made their first court appearance, whichever comes first. No judge can waive this period. It applies to every California divorce regardless of how quickly the parties agree or submit paperwork.

How do I serve divorce papers in California?

A person over 18 who is not a party to the case must personally hand the Respondent the filed petition, summons, blank response form, and any local forms required by your county. The server then completes form FL-115 (Proof of Service of Summons) and files it with the court. Alternatively, FL-117 (Notice and Acknowledgment of Receipt) lets the Respondent acknowledge service by mail without a process server.

Can both spouses file California divorce papers together?

Not as a single joint petition in most counties. One spouse is the Petitioner and files first; the other is the Respondent. In an uncontested case, the Respondent files FL-120 agreeing with the petition. Some courts accept a simplified joint submission process for cases where both parties fully cooperate and are represented. Check your county's local rules.

Do I need to go to court for an uncontested California divorce?

Usually no. Most uncontested California divorces are resolved on the papers, meaning a judge reviews the submitted documents and signs the judgment without anyone appearing in person. Some judges request a brief hearing to confirm the parties understand the terms, but many counties process straightforward uncontested cases entirely by mail or document drop. Confirm with your county court.

How to get divorce papers in Colorado?

Download them free from coloradojudicial.gov. The primary forms are JDF 1101 (Petition for Dissolution of Marriage), JDF 1102 (Case Information Sheet), and JDF 1104 (Summons). File at the district court in the county where either spouse lives. Colorado requires 91 days of residency before filing. The filing fee is $230, and the mandatory waiting period is 91 days from service.

What financial forms are required in a California divorce?

Both spouses must complete FL-140 (Declaration of Disclosure), FL-150 (Income and Expense Declaration), and FL-142 (Schedule of Assets and Debts). After serving these on each other, both file FL-141 (Declaration Regarding Service of Declaration of Disclosure). The court will not approve a final judgment until FL-141 appears on file for both parties. Preliminary and final disclosures are both required by statute.

Can I get a fee waiver for California divorce filing costs?

Yes. File form FW-001 (Request to Waive Court Fees) with your initial petition. California waives fees for people whose income is at or below 125% of the federal poverty level, or who receive Medi-Cal, CalFresh, SSI, CalWORKS, or county relief. The court typically rules on the waiver request the same day you file. Approval eliminates the $435 filing fee entirely.

How is property divided in a California divorce?

California is a community property state. Assets and debts acquired during the marriage are split 50/50 unless you agree otherwise in a valid Marital Settlement Agreement. Separate property (owned before marriage or received as a gift or inheritance) stays with the original owner. The date of separation you list on FL-100 sets the cutoff for what counts as community versus separate property.

What happens if my spouse won't sign the divorce papers in California?

California is a no-fault state, so your spouse cannot legally block your divorce by refusing. If the Respondent ignores the case after being properly served, you wait 30 days, then file for a default. The court can grant a default judgment without the Respondent's participation. You'll need form FL-165 (Request to Enter Default) and then submit your judgment package as if it were uncontested.

Is a Marital Settlement Agreement required for a California divorce?

Not required by statute, but practically necessary in any case with assets, debts, or children. Without a written agreement, the court decides how to divide everything at trial. For an uncontested divorce, a signed MSA is what makes it uncontested. The court incorporates the MSA into the final judgment, making it a court order enforceable by contempt.

Sources

1. California Courts, Self-Help Center (Family Law): All Judicial Council family law forms are available free as fillable PDFs from the California Courts self-help center
2. Superior Court of California, County of Los Angeles: Los Angeles County has local family law rules and additional local forms beyond statewide Judicial Council forms
3. California Courts, Statewide Civil Fee Schedule (Government Code Section 70670): The first appearance fee (petition filing fee) for dissolution of marriage is $435 in most California counties
4. California Courts, Fee Waiver information and form FW-001: California waives court fees for people at or below 125% of the federal poverty level or receiving qualifying public benefits
5. California Courts, form FL-115 Proof of Service of Summons: A third party over 18 who is not a party to the case must serve the Respondent and complete FL-115
6. California Family Code Section 2339, California Legislative Information: California Family Code Section 2339 prohibits dissolution from becoming final until six months and one day after service or first appearance
7. California Family Code Section 2320, California Legislative Information: At least one spouse must have lived in California for six months and in the filing county for three months before filing for divorce
8. California Family Code Section 2310, California Legislative Information: Irreconcilable differences is the primary no-fault ground for divorce in California; the state adopted no-fault divorce in 1969
9. California Department of Child Support Services, Guideline Child Support Calculator: California uses a statutory guideline formula for child support; the state provides a free online calculator through DCSS
10. Colorado Judicial Branch, Dissolution of Marriage forms (JDF 1101): Colorado's primary divorce petition form is JDF 1101; the mandatory waiting period is 91 days from service; residency requirement is 91 days
11. Colorado Judicial Branch, filing fee schedule: Colorado's petition filing fee for dissolution of marriage is $230 as of 2024; the response fee is $116
12. California Family Code Section 2100, California Legislative Information: California requires both preliminary and final declarations of disclosure (FL-140, FL-150, FL-142) from both parties before a judgment can be entered