Last updated 2026-07-09
TL;DR
To file for divorce in California you need at minimum a Petition (FL-100), Summons (FL-110), and a Proof of Service (FL-115). Most uncontested cases add a dozen more forms depending on whether you have children, property, or support issues. The filing fee is $435, $450. The mandatory minimum waiting period is six months from service. You can do this yourself without a lawyer.
What are the divorce papers in California, exactly?
California doesn't have one single "divorce paper." It's a packet of Judicial Council forms, each with a specific job. Some get filed with the court. Some get served on your spouse. Some just stay in your records. Figuring out which form does what is honestly the hardest part of a California DIY divorce, because the names are generic and the numbering system makes them sound interchangeable when they're not.
The Judicial Council of California publishes every required form for free on its website [1]. They're fillable PDFs. The court won't accept forms you create from scratch, and most counties reject older versions, so download fresh copies before you print.
Three documents sit at the center of every California divorce. The Petition for Dissolution of Marriage (FL-100) starts the case: it tells the court who you are, when you married, whether you have kids, and what you're asking for. The Summons (FL-110) is a mandatory cover sheet that notifies your spouse of their rights and imposes automatic temporary restraining orders (ATROs) on both of you the moment the Petition is filed. The Proof of Service of Summons (FL-115) is how you prove to the court that your spouse was actually handed those documents.
Those three are non-negotiable. Everything else depends on your situation.
Which California divorce forms does every case require?
No matter how simple your divorce is, you file all of these [1][2]:
| Form | Name | When filed |
|---|---|---|
| FL-100 | Petition for Dissolution | Day one, with court |
| FL-110 | Summons | Day one, with court |
| FL-105 | Declaration Under UCCJEA | Day one, if you have minor children |
| FL-115 | Proof of Service of Summons | After service, with court |
| FL-141 | Declaration re: Service of Declaration of Disclosure | After serving financial disclosures |
| FL-150 | Income and Expense Declaration | Both spouses |
| FL-160 or FL-142 | Property Declaration or Schedule of Assets/Debts | Both spouses |
| FL-130 | Appearance, Stipulations, and Waivers | Respondent, if agreeing |
| FL-180 | Judgment | Submitted when asking court to finalize |
| FL-190 | Notice of Entry of Judgment | Mailed after judge signs |
The FL-105 (UCCJEA declaration) is required in any case involving a minor child, not only contested custody battles. Courts use it to confirm California has jurisdiction over the children.
The financial disclosure forms (FL-150 and either FL-160 or FL-142) are mandatory for both spouses in every California divorce, even if you agree on everything. This is a hard legal requirement under California Family Code sections 2100 through 2113 [3]. Courts will not approve a settlement that skips this step. Skip it and your spouse gets grounds to set aside the judgment later.
For an uncontested divorce where both spouses agree and the respondent participates, you also submit a Marital Settlement Agreement (a written contract, not a Judicial Council form) along with the FL-180 judgment package.
What additional forms do you need if you have children or property?
Children add forms. If you have minor children, expect to file:
- FL-311 or FL-341: Child Custody and Visitation Order Attachment (the parenting plan details)
- FL-342: Child Support Information and Order Attachment
- FL-343: Spousal, Partner, or Family Support Order Attachment, if support is ordered
- FL-192: Notice of Rights and Responsibilities (for health-care costs and reimbursement)
Property adds its own complexity. If you own real estate, you'll eventually record an Interspousal Transfer Deed or a court-certified copy of the judgment with the county recorder. That's separate from court filing. Retirement accounts need a separate order called a Qualified Domestic Relations Order (QDRO), which the plan administrator (not the court) must approve. QDROs are often drafted by a specialist and can cost $500 to $1,500 on their own [4].
Spousal support (alimony) gets documented on FL-343, but the underlying agreement or calculation belongs in your Marital Settlement Agreement. If you want to understand how California courts approach support awards when there's a dispute, the alimony overview covers that in detail.
Business interests, stock options, and defined-benefit pension plans each carry their own paperwork. An uncontested divorce with a small business in the mix is genuinely complicated. That's the one situation where a one-hour consultation with a divorce attorney is money well spent even if you plan to file yourself.
What are the California divorce filing fees?
The standard filing fee to open a California divorce case is $435 in most counties, though some courts charge up to $450 [5]. The respondent pays a separate response fee of the same amount if they file a Response (FL-120). In an uncontested divorce where the respondent files only the FL-130 (Appearance, Stipulations, and Waivers) instead of a full Response, many counties waive or reduce that second fee. Confirm with your specific court.
Other fees you may hit:
| Fee type | Typical amount |
|---|---|
| Petition filing fee | $435, $450 |
| Response filing fee (FL-120) | $435, $450 |
| Motion filing fees | $60, $180 per motion |
| Default judgment request | $0, $25 depending on county |
| Certified copies of judgment | $25, $40 per copy |
Can't afford the filing fee? California has a fee waiver process. File form FW-001 (Request to Waive Court Fees) with your initial packet. The Judicial Council's self-help page explains the income thresholds [1]. Waivers go through fairly routinely for people whose income falls at or below 125 percent of the federal poverty guidelines.
Hiring a process server to deliver the divorce papers typically runs $75 to $150 in most California cities. If money is tight, any adult who isn't a party to the case can serve the documents for free, as long as they complete the FL-115 accurately.
Total out-of-pocket for a truly uncontested California divorce where both spouses cooperate: roughly $500 to $700 once you add filing fees, a process server, and certified copies. That number climbs fast if you need a QDRO, a deed recorded, or any court hearings.
How do you actually file divorce papers in California, step by step?
Here's the real sequence, not a vague overview.
Step 1: Confirm you meet residency requirements. One spouse must have lived in California for at least six months and in the filing county for at least three months before the Petition is filed. This is Family Code section 2320 [10]. Just moved to California? You have to wait.
Step 2: Fill out your opening packet. Complete FL-100, FL-110, and FL-105 (if applicable). Don't sign the FL-100 yet if your county requires notarization or a live signature at the clerk's window. Check your local court's instructions.
Step 3: File with the clerk. Take or mail your forms to the civil division of your county's Superior Court. Bring the originals plus two copies of everything. The clerk stamps all copies, keeps the original, hands you back the file-stamped copies, and collects your filing fee. Some California courts now accept e-filing through their portal. Check your county's court website.
Step 4: Serve your spouse. Once filed, someone other than you must personally deliver the file-stamped copies of FL-100, FL-110, and FL-105 to your spouse. Your spouse must be served within 30 days of filing if they're in California, 60 days if they're out of state. The server completes FL-115 and you file it with the court.
Step 5: Exchange financial disclosures. Both spouses must serve (not file) a Preliminary Declaration of Disclosure within 60 days of filing for the petitioner, or within 30 days of filing a Response for the respondent, per Family Code section 2104 [3]. This means mailing each other completed FL-150 and FL-142 or FL-160 forms along with a completed FL-141 (which you do file).
Step 6: Wait out the six-month clock. California's mandatory waiting period is six months from the date the respondent was served, not from the date you filed [6]. No exceptions, no waivers. You can submit your final judgment paperwork before the six months is up, but the court won't sign the judgment until the clock runs out.
Step 7: Submit the final judgment package. This is FL-180, your Marital Settlement Agreement, all support and custody attachments, and a proposed FL-190. If the respondent is participating, include FL-130. If they never responded, you'll request a default through a slightly different process.
Step 8: Receive the signed judgment. The judge reviews and, hopefully, signs the FL-180. The clerk mails you an FL-190. Your divorce is legally final on the date shown on the FL-190, though for most people the judgment restores single status.
The California Courts self-help center walks through each step with county-specific variations [2].
How long does it take to get a divorce in California?
The minimum is six months and one day from the date your spouse is served. That's the statutory waiting period under Family Code section 2339 [6], and there is no way around it. The state built it in on purpose.
In practice, most uncontested divorces take seven to twelve months once you account for court processing backlogs. Los Angeles Superior Court has historically run longer than smaller counties. Some rural counties with lighter dockets process judgment paperwork in four to six weeks after submission, which keeps the overall timeline close to the six-month minimum.
Delays come from two sources: incomplete paperwork (the clerk's office returns your judgment packet with a rejection notice listing defects) and court backlog. A clean, complete packet the first time is your best defense against both.
Your marital status can be restored to single before all financial issues are resolved, if needed. This is called a "bifurcated" divorce. One spouse asks the court to sever marital status early, often for health insurance or remarriage reasons, while property disputes continue. It takes a motion and extra forms, but it's a legitimate option [7].
What is the six-month waiting period and can you skip it?
No. You cannot skip it. Family Code section 2339 states: "No judgment of dissolution is final for the purpose of terminating the marriage relationship of the parties until six months have expired from the date of service of a copy of summons and petition or the date of appearance of the respondent, whichever occurs first." [6]
That language is unambiguous. Even if both spouses sign everything on day one and the judge is ready to sign the judgment, the dissolution does not take legal effect until that six-month window closes.
What you can do during the wait: finalize your settlement agreement, handle financial disclosures, get any stipulated orders signed (like a temporary custody arrangement), and have your final judgment package ready to submit so the court processes it the moment the clock expires.
Some couples wrongly assume a legal separation is a faster route to divorce. A legal separation under California law uses many of the same forms (the Petition asks you to check a box) and resolves the same property and support issues, but it does not end the marriage. You'd still have to convert it to a dissolution later if you want to remarry.
What's the difference between a default divorce and an uncontested divorce in California?
These are two distinct procedural paths, and mixing up the terminology causes real confusion.
A true default divorce happens when the respondent never files any response and never participates. After 30 days from service with no response filed, the petitioner can request the court enter a default on form FL-165. The petitioner then submits the judgment package alone. The court can approve the property and support terms the petitioner proposed, but it won't give the petitioner more than what was asked for in the original Petition. Courts also review default judgment packages more carefully to make sure they're fair, because no one is advocating for the absent spouse.
An uncontested divorce is different: both spouses participate, both sign the settlement agreement, the respondent files FL-130 (accepting the court's jurisdiction and waiving further notice), and the petitioner submits the judgment package with both spouses' signatures. This path is smoother, faster in practice, and less likely to get rejected by the court.
Here's the simple test. If your spouse has disappeared or refuses to respond, you have a default situation. If your spouse is cooperative but neither of you wants to hire lawyers, you have an uncontested divorce. The divorce papers overview explains the distinction between these paths in more detail.
For the uncontested path, a clean, complete document set from the start makes a real difference. DivorceClear offers a $149 document packet that generates California-specific, court-ready forms based on your situation. I mention it here because a rejected judgment packet costs you real time and sometimes another filing fee, not because you need it to understand the process.
Does California require both spouses to agree to a divorce?
No. California is a pure no-fault divorce state. Either spouse can file at any time, for any reason (or no stated reason), by citing "irreconcilable differences" [7]. The other spouse cannot legally block the divorce from happening.
What the other spouse can do is contest the terms: the property split, child custody, support amounts. Those disputes can drag a case into litigation for years. But the underlying divorce itself? One spouse can get it done without the other's cooperation, through the default process described above.
This is genuinely different from how some states operate. California eliminated fault-based divorce grounds entirely in 1969 when then-Governor Ronald Reagan signed the Family Law Act, making California the first no-fault divorce state in the country [7].
One exception matters here: if your spouse claims the marriage is not valid (an annulment situation), that's a different legal proceeding with different forms.
Where do you get California divorce forms and where do you file them?
All Judicial Council forms are free at the California Courts website under the Forms section [1]. Download them as fillable PDFs, complete them on screen, print them out, and sign where indicated. Don't print and then handwrite your answers unless the form specifically permits it. Many courts reject handwritten entries on fillable forms as harder to read and process.
You file at the Superior Court for the county where either spouse has lived for the past three months. Find your specific court's address and local filing rules at the California Courts website court locator [2]. Every county has a civil division. That's where divorce cases go.
Many counties now have a Self-Help Center inside the courthouse. Court employees or volunteers there answer procedural questions, review your paperwork for obvious errors, and explain local requirements. They can't give legal advice, but they can tell you if your forms are in the right format. Use them. They're free and genuinely helpful.
Some counties, including Los Angeles, Sacramento, and San Francisco, offer e-filing through their portals or through a state-authorized electronic filing service provider (EFSP). E-filing doesn't change the forms you use. It changes how you submit them. The filing fees are the same.
Not sure whether you need a lawyer at all? The article on divorce lawyers covers when DIY is realistic versus when professional help earns its cost.
What happens to your name and Social Security card after the divorce is final?
Want to restore your former name? You ask for it in the Petition (FL-100) or at any point before the final judgment. The FL-180 judgment includes a name restoration order if granted. That court order is your legal authority to update everything else.
With a certified copy of your judgment showing the name restoration, go to the Social Security Administration first (form SS-5, no fee), then the DMV, then financial institutions, then your passport. The Social Security step comes before the passport, and generally before the DMV in California [8].
Don't skip getting certified copies of your judgment at the courthouse. You'll want two or three. At $25 to $40 per copy depending on county it's annoying, but a regular photocopy won't work for legal name-change purposes.
The Social Security Administration's website has clear instructions on the name-change process and the documents you'll need [8]. California DMV requires either the certified judgment or a new Social Security card showing the restored name, depending on the type of change.
Can you file for divorce in California without a lawyer?
Yes, and a lot of people do. California's court system is built with self-represented ("pro per" or "pro se") litigants in mind. Every Judicial Council form has instructions. The court's self-help website has guides. Every courthouse with a Self-Help Center has staff to answer procedural questions.
DIY works cleanly when both spouses agree on everything, the marriage was relatively short, there's limited property, no business interests, and either no children or a stable co-parenting arrangement already in place. If you have minor children and need to figure out support numbers, the state's official child support estimator gives you a starting point (the California Department of Child Support Services offers a free calculator; Dissomaster is the commercial version courts use) [9]. You can also use the child support calculator to see how the formula works before you fill out FL-342.
DIY gets risky when one spouse owned a business, when there are pension plans or stock options, when the marriage lasted over 10 years (which triggers special spousal support considerations under Family Code section 4336 [11]), or when there's significant debt in only one name. None of these are impossible to handle yourself. The margin for error is just smaller, and mistakes can be expensive to fix.
DivorceClear's $149 document packet is a reasonable middle ground for straightforward cases: you get properly formatted, California-specific forms without paying attorney fees for a case that doesn't need them. Even so, no document service replaces reading the instructions on each form yourself, because you're signing under penalty of perjury.
Frequently asked questions
What is the first paper you file to start a divorce in California?
The first document you file is the Petition for Dissolution of Marriage (form FL-100), along with the Summons (FL-110) and, if you have minor children, the UCCJEA Declaration (FL-105). You file all three together at your county's Superior Court civil division and pay the $435, $450 filing fee. The court stamps them and your case officially starts.
How much does it cost to file divorce papers in California?
The filing fee to open a California divorce case is $435 in most counties, with some charging up to $450. The respondent pays a similar fee if they file a formal Response (FL-120). If you use a process server to deliver the papers, add $75 to $150. Low-income filers can apply for a fee waiver using form FW-001. Total DIY cost for a simple uncontested case typically runs $500 to $700.
How long does a divorce take in California?
At minimum, six months and one day from the date your spouse is served, per Family Code section 2339. That waiting period cannot be waived. In practice, most uncontested divorces finish in seven to twelve months once you account for court processing time. Contested divorces, or cases in high-volume courts like Los Angeles Superior, often take longer. A clean, complete filing the first time is your best tool for staying close to the minimum.
Does my spouse have to sign divorce papers in California?
No. California is a no-fault state: either spouse can file without the other's agreement. If your spouse refuses to participate, you can proceed through a default divorce after 30 days have passed since service. Your spouse cannot legally stop the divorce from happening, though they can contest property division or support terms, which complicates things. If both spouses cooperate and sign a settlement agreement, the process is faster and cleaner.
What is the FL-100 form used for in a California divorce?
FL-100 is the Petition for Dissolution of Marriage, the document that officially starts your divorce case. It tells the court your names, your marriage date, whether you have minor children, what property and debts exist, and what you're asking the court to order regarding custody, support, and asset division. You file it with the Summons (FL-110) and pay the filing fee. It's a free Judicial Council form available at courts.ca.gov.
Do you have to go to court for an uncontested divorce in California?
Usually not. Most uncontested divorces in California are approved on the papers alone, without either spouse appearing in court. You submit your final judgment packet (FL-180, settlement agreement, and attachments) and the judge reviews and signs it in chambers. Some counties may schedule a brief hearing if the paperwork is unusual, but for a standard uncontested case with no children or straightforward agreements, courtroom appearances are generally not required.
Can I get a free divorce in California?
If you qualify for a fee waiver (income at or below roughly 125 percent of the federal poverty guidelines), the court can waive the $435, $450 filing fee using form FW-001. If a friend serves the papers instead of a paid process server, that cost goes to zero too. The forms themselves are always free at courts.ca.gov. So yes, a divorce can cost very little if you qualify for waivers, complete the paperwork yourself, and have a cooperative spouse.
What are the residency requirements to file for divorce in California?
One spouse must have lived in California for at least six months and in the county where you're filing for at least three months immediately before filing the Petition, per Family Code section 2320. If you don't meet the county requirement but do meet the state requirement, you can file for legal separation first and convert to a divorce once the three-month county residency is met. Military members stationed in California often satisfy this requirement through their posting.
How do you serve divorce papers in California?
Someone other than you (any adult who isn't a party to the case) must personally hand the file-stamped Petition (FL-100), Summons (FL-110), and FL-105 to your spouse. That person then completes a Proof of Service of Summons (FL-115), which you file with the court. You can use a professional process server ($75, $150) or ask a friend or family member to do it for free. You cannot serve your spouse yourself.
What financial forms are required in a California divorce?
Both spouses must complete an Income and Expense Declaration (FL-150) and either a Property Declaration (FL-160) or a Schedule of Assets and Debts (FL-142). These must be served on each other as part of mandatory financial disclosures under Family Code sections 2100 to 2113. You also file a Declaration re: Service of Declaration of Disclosure (FL-141) to confirm you completed the exchange. Courts will not approve a final judgment without these disclosures on file.
What happens if you make a mistake on California divorce papers?
The clerk's office or judge will reject your packet with a rejection notice listing specific defects. You correct the errors, resubmit, and no new filing fee is usually required unless you're refiling a new motion. Errors on a signed final judgment are harder to fix: you'd file a motion to correct a clerical error or a noticed motion depending on the type. This is annoying but not catastrophic for minor errors. Material mistakes about property or custody can be more serious and may require legal help to fix.
Is California a 50/50 divorce state?
Yes for community property. California is a community property state, meaning assets and debts acquired during the marriage are generally split 50/50. Property owned before marriage, or received as a gift or inheritance during the marriage, is typically separate property and stays with the original owner. Couples can agree in their settlement to a different division, and courts will usually approve it if both spouses sign voluntarily. Documenting separate versus community property in your FL-160 matters.
How do you finalize a divorce in California after the six-month wait?
Once the six-month clock expires, submit your final judgment package: the FL-180 Judgment, your signed Marital Settlement Agreement, all support and custody attachments (FL-342, FL-343, FL-341 as applicable), and a proposed FL-190 Notice of Entry of Judgment. If both spouses are participating, include the respondent's FL-130. The judge reviews and signs the FL-180, the clerk mails the FL-190, and your divorce is legally final on the date shown.
Sources
- Judicial Council of California, Forms page: All Judicial Council forms including FL-100, FL-110, FL-115, FL-130, FL-141, FL-150, FL-160, FL-180, FL-190 are available free as fillable PDFs
- California Courts, Self-Help: Divorce or Legal Separation: California Courts self-help center provides step-by-step guidance and county-specific information for self-represented divorce filers
- California Family Code, Sections 2100–2113 (Legislative Counsel of California): Mandatory financial disclosures are required for both spouses in every California divorce under Family Code sections 2100–2113; the petitioner must serve preliminary disclosures within 60 days of filing
- U.S. Department of Labor, Employee Benefits Security Administration (QDRO guidance): A Qualified Domestic Relations Order (QDRO) is required to divide most retirement plan assets and must be approved by the plan administrator; preparation costs typically range from $500 to $1,500
- Judicial Council of California, Statewide Civil Fee Schedule: The standard California divorce filing fee is $435, with some counties charging up to $450; motion, default, and certified copy fees vary by court
- California Family Code Section 2339 (Legislative Counsel of California): Family Code section 2339 establishes the mandatory six-month waiting period from date of service before a dissolution judgment can take legal effect; the statute text states 'No judgment of dissolution is final for the purpose of terminating the marriage relationship of the parties until six months have expired from the date of service'
- California Family Code Section 2310 (Legislative Counsel of California): California Family Code section 2310 establishes irreconcilable differences as the sole ground for dissolution; California became the first no-fault divorce state in 1969 with the Family Law Act
- Social Security Administration, Change of Name: After a court-ordered name change, filers must update their Social Security record using form SS-5 before updating their passport or other federal ID; the SSA process has no fee
- California Department of Child Support Services: California provides a free official guideline child support estimator; Dissomaster is the commercial calculator commonly used by courts and attorneys
- California Family Code Section 2320 (Legislative Counsel of California): Family Code section 2320 requires one spouse to have lived in California for six months and in the filing county for three months before a Petition for Dissolution can be filed
- California Family Code Section 4336 (Legislative Counsel of California): Family Code section 4336 provides that for marriages of long duration (generally over 10 years), the court retains jurisdiction over spousal support indefinitely unless the parties agree otherwise
- Judicial Council of California, Fee Waiver Forms (FW-001): Form FW-001 allows low-income filers to request waiver of court filing fees; eligibility is generally set at or below 125 percent of federal poverty guidelines