How to file for divorce in California: a step-by-step guide

Last updated 2026-07-09

What are the residency requirements before you can file in California?

At least one spouse must have lived in California for six months and in the filing county for three months right before you file. That is California Family Code Section 2320. ^[1] The clock runs to the filing date, not your separation date. Moved to Los Angeles County four months ago but lived in California two years? You are eligible. Arrived in the state two months ago? You wait.

One narrow exception matters. Registered domestic partners who registered in California can file for dissolution here no matter where they live now, as long as neither of them can dissolve the partnership in their current home state. ^[1]

Don't meet the county rule yet? You have two moves. Wait for the three-month mark and then file. Or file in a county where you already qualify, which sometimes means the California county you just left if you still meet three months there. Call that county's self-help center first. The California Courts self-help site lists contact information for every county. ^[2]

What grounds for divorce does California recognize?

California is a pure no-fault state. You never prove adultery, abandonment, or cruelty. Two grounds exist: irreconcilable differences and permanent legal incapacity to make decisions. ^[1] Almost every case uses irreconcilable differences, which means the marriage broke down and neither person wants to repair it.

Here is the practical part. Your spouse cannot block the divorce by refusing to agree. California does not require both spouses to want out. One is enough. The reason the marriage ended also has almost no bearing on how property gets divided or whether spousal support is ordered.

Why this matters for filing: on the Petition (FL-100), you check the box for irreconcilable differences and keep going. No separate filing. No affidavit of wrongdoing. Nothing to prove.

What forms do you need to file for divorce in California?

The California Judicial Council publishes standardized forms every court in the state has to accept. For an uncontested divorce with no children and simple property, this is the core set:

Form	Name	When you need it
FL-100	Petition for Dissolution of Marriage	Always, filed by petitioner
FL-110	Summons (Family Law)	Always, filed with the petition
FL-105	Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)	If you have minor children
FL-115	Proof of Service of Summons	After spouse is served
FL-120	Response (optional for respondent)	If spouse files a response
FL-141	Declaration Regarding Service of Declaration of Disclosure	Both spouses, financial disclosure
FL-150	Income and Expense Declaration	Both spouses
FL-160	Property Declaration	If you have significant property to list
FL-180	Judgment (Dissolution)	Final step
FL-170	Declaration for Default or Uncontested Dissolution	Submitted with final judgment

Every one of these downloads free from the California Courts website. ^[2] Some counties add local supplemental forms, so check your specific county court's website or self-help center before you finalize the packet.

Where both spouses agree on everything, the common path uses FL-100, FL-110, FL-115, FL-141, FL-150, FL-170, and FL-180. Add FL-105 when children are involved. Getting comfortable with divorce papers in general helps you understand what you are signing before you touch the California-specific set.

How do you actually file the divorce petition?

Step one: download FL-100 and FL-110 from the California Courts website. ^[2] Fill them out completely. FL-100 asks for identifying details on both spouses, the date of marriage, the date of separation, the grounds (check irreconcilable differences), and what you want the court to do (divide property, restore your former name, and so on). FL-110 is a standard summons the court issues; you fill in the names and the court handles the rest.

Step two: make at least three copies of everything. You keep one, the court keeps one, your spouse gets one.

Step three: bring the originals and copies to the clerk's office at the Superior Court in your county. The clerk stamps every copy, keeps the originals, and hands your filed copies back. You pay the filing fee here.

Step four: the clerk assigns a case number. Write it down. Every form you file after this needs that number.

Most California courts now take e-filing through an approved provider, and some require it for certain case types. Check your county court's website. In-person filing still works everywhere. Many self-help centers have staff who review your forms before you hand them to the clerk. They cannot give legal advice, but they can flag a blank field that should not be blank. ^[2]

If your case is genuinely uncontested and simple, a prepared document packet saves hours of formatting. DivorceClear sells a $149 complete uncontested divorce document packet built to California Judicial Council standards. That is one option if assembling forms from scratch feels like too much.

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

The Superior Court filing fee is $435 for the petitioner, and another $435 for the respondent only if the respondent files a formal Response (FL-120). ^[3] The Judicial Council set these fees and they apply statewide, though a handful of counties tack on a small surcharge (usually $10 to $15) for court technology or security funds.

If the respondent never files a Response and you finish by default, the respondent pays nothing. Total court fees for a simple default divorce can be as low as $435.

Can't afford it? California has a fee waiver, Form FW-001. You qualify with income below 125% of the federal poverty level, or if you get certain public benefits like Medi-Cal or CalFresh. ^[4] The clerk cannot deny a properly completed waiver on their own. A judge has to review it.

Extra costs to plan for:

• Process server or sheriff to serve papers: $75 to $150 depending on county
• Certified copies of the final judgment: $15 to $25 each
• Notarization if your county requires it: $15 or less per signature
• Any attorney consultation you choose: highly variable

California's baseline filing fee sits near the top nationally. Texas charges around $300 and Florida varies by county, often landing near $400. ^[3] The 6-month wait costs nothing by itself, but you carry your living situation, often two households, for at least half a year before the divorce is legally final.

How do you serve divorce papers on your spouse?

Service is not optional, and you cannot do it yourself. California requires someone other than you, at least 18 years old, to personally hand your spouse a copy of the filed Petition and Summons. ^[5] That person can be a friend, a relative, a professional process server, or the county sheriff.

After service, the server fills out a Proof of Service of Summons (FL-115) and signs it under penalty of perjury. You file FL-115 with the court. Service has to happen before any default can be entered and before the case can move to a final judgment.

Cannot find your spouse after real effort? You can ask the court for permission to serve by publication, meaning a legal notice in a newspaper. It is slower, it costs more, and a judge has to approve it first.

Cooperative spouse? They can sign a Notice and Acknowledgment of Receipt (FL-117), which cuts out in-person service entirely. The spouse gets the papers by mail, signs FL-117 to acknowledge receipt, and mails it back. You file FL-117 instead of FL-115. This is the easiest route in a truly friendly split.

Once served, the respondent has 30 days to file a Response (FL-120). If they do not, you can request an entry of default after that window closes.

What is the mandatory 6-month waiting period and what happens during it?

The six-month clock is a wait before the divorce becomes final, not a wait before you can file. California Family Code Section 2339 says no judgment of dissolution becomes final "less than six months after the date of service of a copy of summons and petition or the date of appearance of the respondent, whichever occurs first." ^[1] You can file on day one and finish nearly everything during those six months.

Both spouses have to exchange financial disclosures during this stretch. Each serves the other with a Preliminary Declaration of Disclosure, which includes a completed Schedule of Assets and Debts (FL-142) and an Income and Expense Declaration (FL-150). ^[6] This is required even in an uncontested divorce. Skip it and you can wreck your final agreement.

Agreed on property, debt, and support? Draft a Marital Settlement Agreement (MSA) during this period and attach it to your final judgment package. The MSA is a private contract between you and your spouse that the court approves and folds into the judgment.

You cannot waive the six months. Even with both spouses in total agreement and perfect paperwork, the court will not sign before that date. Plan around it, especially if you need the divorce final by a set date for tax, insurance, or remarriage reasons.

How do you finalize the divorce and get the judgment?

After the six months pass and all disclosures are done, you submit the final judgment package to the court. In an uncontested case where the respondent never filed a Response, this is a default judgment. The package usually includes:

• FL-170 (Declaration for Default or Uncontested Dissolution)
• FL-180 (Judgment)
• FL-141 (Declaration Regarding Service of Disclosure, both spouses)
• Your Marital Settlement Agreement (if any), attached as an exhibit
• Any child custody and visitation orders if children are involved
• A proposed Qualified Domestic Relations Order (QDRO) if retirement accounts are being divided

You file this with the clerk. In most California counties there is no hearing for a default uncontested divorce. A judge reviews the paperwork and signs the FL-180. The clerk mails you the signed judgment, usually within two to eight weeks depending on the county's backlog.

Some counties move faster than others. Los Angeles Superior Court has posted wait times of six to twelve weeks for some document types, while smaller counties often turn default judgments around in four to six weeks. ^[2] Check your county's posted processing times before you count on a timeline.

When the signed judgment arrives, the divorce is final as of the date stated in it, which is the earliest date that meets the six-month rule. Get at least two certified copies from the clerk. You need them to update bank accounts, retirement accounts, and eventually Social Security records.

Can you file for divorce in California by yourself without a lawyer?

Yes. California builds a track for people who represent themselves, called self-represented litigants or "pro per" parties. The California Courts self-help website has step-by-step instructions, every Judicial Council form, and a directory of each county's self-help center. ^[2]

Self-representation works well when the divorce is truly uncontested: no children or custody already settled, community property that is modest and easy to divide, no pension or business valuation fights, and both spouses willing to cooperate on paper. The standardized form system exists partly to make this possible.

Where it gets harder. A defined-benefit pension needs a Qualified Domestic Relations Order, and those are technical documents that courts read closely. If you disagree about whether an asset is separate or community property, you are in contested territory and should talk to a divorce attorney before you assume you can handle it alone.

Self-help center staff can check your forms for completeness, explain procedure, and point you to resources. They cannot tell you what to decide or whether an agreement is fair to you. That line between procedure and legal advice is firm. For simple cases, the system is designed for you to finish without paying attorney fees. ^[2]

Before you sign anything, learn how California's laws divorce framework compares to other states, because the community property rules drive most of what you will negotiate.

What happens to property and debt in a California divorce?

California is one of nine community property states. Under Family Code Section 2550, the court divides community property equally, 50/50. ^[7] Community property is whatever either spouse earned or acquired during the marriage while living in California. Separate property (owned before marriage, or received as a gift or inheritance during marriage and kept separate) stays with its owner.

Debt follows the same logic. Credit card debt run up during the marriage, even on a card in one spouse's name, is generally community debt. Both spouses share responsibility even if only one person made the charges.

In an uncontested divorce, you and your spouse can split things differently than a strict 50/50, as long as you both consent voluntarily and put it in writing in your MSA. Courts approve these routinely. The judge's job is to confirm the agreement was voluntary and covers the required topics, not to second-guess reasonable calls two adults made.

Retirement earned during the marriage is community property too. A 401(k) or pension needs a QDRO to divide, a separate court order sent straight to the plan administrator. Do not overlook this. Plenty of people finalize the divorce, forget the QDRO, and find out years later the account was never actually split.

Real estate usually needs a deed transfer after the judgment is final. The judgment does not re-title the house on its own. You or your spouse records a new deed with the county recorder's office.

How does California handle child custody and support in a divorce filing?

With minor children, you include a UCCJEA Declaration (FL-105) at filing, and your final judgment has to address legal custody, physical custody, visitation, and child support. ^[8] The court applies a "best interest of the child" standard under Family Code Section 3011. ^[9]

For support, California runs a statewide guideline formula built on each parent's net income, the share of time each parent has with the children, mandatory payroll deductions, and a few other factors. ^[10] The California Department of Child Support Services offers a free online guideline calculator, though the court runs the official calculation using the Dissomaster software. ^[10]

In an uncontested divorce, both parents can agree on a custody and visitation schedule and drop it into the MSA. The court approves it as long as it serves the children's best interests and the child support meets or beats the guideline amount. Parents can agree to more than guideline support, but generally not less, unless special circumstances apply.

If you have already worked out custody and support, the paperwork is manageable. If custody is in dispute, you are no longer uncontested, and filing gets a lot more complicated. A divorce lawyer or at least a family law facilitator (free at most California courthouses) is worth a call before you go further.

What are the most common mistakes people make filing for divorce in California?

Skipping the financial disclosure is the most expensive mistake. Courts have set aside final judgments years later because a spouse never served the Preliminary Declaration of Disclosure. Family Code Section 2107 lets a court set aside a judgment when disclosure was not made, and the non-disclosing spouse can face sanctions. ^[6] Do not skip FL-141 and FL-150 just because you trust each other.

Filing in the wrong county burns your filing fee and stalls everything. Triple-check residency before you file.

Not reading the Summons. The FL-110 includes automatic temporary restraining orders (ATROs) that kick in the moment you file. Both spouses are immediately barred from transferring, borrowing against, or disposing of property without the other's consent, cashing in retirement accounts, canceling or changing beneficiaries on life insurance, and removing children from the state without written consent. ^[5] Violating an ATRO is contempt of court. Read the back of FL-110 slowly.

Submitting the final judgment package before the six months run. Courts reject it. The case sits, your deadline drifts, and you lose time.

Not ordering enough certified copies. You need one for each financial institution, each retirement plan, and each government agency you notify. Order three to five when you pick up the judgment.

For a wider view of the court system and how divorce rate in america trends shape processing times, that context helps you set realistic expectations.

Frequently asked questions

How long does it take to get a divorce in California?

The floor is six months from the date your spouse is served, because of the mandatory waiting period under Family Code Section 2339. In practice, uncontested California divorces usually take six to twelve months total, depending on how fast you file paperwork and how backed up your county court is. Contested divorces can run one to three years or longer.

How do you file for divorce in California by yourself?

Download FL-100 and FL-110 from the California Courts website, fill them out, and file at your county Superior Court with the $435 fee. Have someone (not you) serve the papers, file the Proof of Service (FL-115), exchange financial disclosures, wait six months, then submit your final judgment package (FL-170 and FL-180). The California Courts self-help site walks through every step.

What is the filing fee to file for divorce in California?

The petitioner pays $435 to file. If the respondent files a formal Response (FL-120), they pay $435 too. Proceed by default (respondent never responds) and total court fees can be as low as $435. Can't afford it? Form FW-001 is the fee waiver, approved for income below 125% of the federal poverty level or for recipients of listed public benefits.

Do both spouses have to agree to get a divorce in California?

No. California is no-fault, so one spouse wanting the divorce is legally enough. The other spouse can refuse to participate, but the court still grants the divorce after the waiting period. The refusal only delays things slightly; it does not stop the divorce. The petitioner can request a default judgment 30 days after service.

What forms do I need to file for divorce in California?

At minimum: FL-100 (Petition), FL-110 (Summons), FL-115 (Proof of Service after service is done), FL-141 and FL-150 (financial disclosures), FL-170 (Declaration for Default or Uncontested Dissolution), and FL-180 (Judgment). Add FL-105 if you have minor children. Every form is free on the California Courts website.

Can I file for divorce in California without a lawyer?

Yes. California's standardized Judicial Council forms and county self-help centers are built for self-representation. It works best when the divorce is uncontested: both spouses agree, property is simple, and there are no complex business or pension issues. Every Superior Court has a free self-help center where staff check your forms for completeness, though they cannot give legal advice.

What is the residency requirement for divorce in California?

You or your spouse must have lived in California at least six months and in the specific filing county at least three months right before filing. That is Family Code Section 2320. Just moved to a new county? You may need to wait to hit the three-month mark, or file in your previous county if you still qualify there.

How does community property affect a California divorce?

California splits community property equally: everything earned or acquired during the marriage divides 50/50 by default under Family Code Section 2550. Separate property (pre-marriage assets, gifts, inheritances kept separate) stays with the owner. In an uncontested divorce, spouses can agree to a different split in a written Marital Settlement Agreement, and courts generally approve it.

What happens if my spouse doesn't respond to the divorce petition?

If your spouse does not file a Response (FL-120) within 30 days of service, you file a Request to Enter Default (FL-165). Once default is entered, you finish the judgment alone. The court grants the divorce based on your petition and any agreement you submit. Your spouse loses the chance to formally dispute the terms, but the divorce still moves forward.

Do I need a separation agreement or marital settlement agreement in California?

Not strictly required, but strongly recommended. A Marital Settlement Agreement (MSA) spells out how property, debt, support, and custody get divided. Without one, the court applies default community property rules, which may not match what you actually want. The MSA attaches to the FL-180 Judgment and becomes a court order once the judge signs it.

How do I serve divorce papers on my spouse in California?

Someone other than you, at least 18 years old, personally delivers the filed Petition and Summons to your spouse. Afterward they complete and sign a Proof of Service of Summons (FL-115), which you file with the court. If your spouse cooperates, they can instead sign a Notice and Acknowledgment of Receipt (FL-117) to accept service by mail, which is simpler.

Can I get my filing fee waived for a California divorce?

Yes. File Form FW-001 (Application for Waiver of Court Fees and Costs). You qualify with income below 125% of the federal poverty level or if you receive Medi-Cal, CalFresh, SSI, or certain other public benefits. The clerk must accept the application and a judge reviews it. They cannot deny it at the window without judicial review.

What are the automatic restraining orders that apply once I file for divorce in California?

The FL-110 Summons carries Automatic Temporary Restraining Orders (ATROs) that bind the petitioner the moment they file and the respondent the moment they are served. They prohibit both spouses from transferring or hiding property, cashing out retirement accounts, changing insurance beneficiaries, and taking children out of state without written consent. Violating an ATRO is contempt of court.

How do I change my name as part of a California divorce?

Request it in your FL-100 Petition by checking the name restoration box and writing in the name you want back. The court can only restore a former name you used before the marriage; it cannot grant an entirely new name through a divorce. The change is included in the FL-180 Judgment. Take the certified judgment to the DMV and Social Security Administration to update records.

Sources

1. California Legislative Information, Family Code Sections 2320, 2339, 2550: Residency requirements (6 months state, 3 months county), 6-month waiting period before judgment is final, equal division of community property
2. California Courts, Self-Help Center (selfhelp.courts.ca.gov): All Judicial Council divorce forms are free; every county has a self-help center; step-by-step instructions for self-represented litigants
3. California Courts, Statewide Civil Fee Schedule (Judicial Council): Petition filing fee is $435; respondent Response fee is $435; these are statewide Judicial Council-set fees
4. California Courts, Fee Waiver Information (Form FW-001): Fee waiver available for income below 125% of federal poverty level or recipients of Medi-Cal, CalFresh, SSI, and other listed benefits
5. California Courts, FL-110 Summons (Family Law) form and instructions: Automatic Temporary Restraining Orders on FL-110 Summons; service must be by a third party age 18 or older
6. California Legislative Information, Family Code Section 2107: Court may set aside a judgment if Preliminary Declaration of Disclosure was not made; non-disclosing spouse subject to sanctions
7. California Legislative Information, Family Code Section 2550: Court divides community property equally (50/50) upon dissolution of marriage
8. California Courts, FL-105 UCCJEA Declaration instructions: UCCJEA Declaration (FL-105) required at filing when minor children are involved
9. California Legislative Information, Family Code Section 3011: Courts apply best interest of the child standard for custody determinations
10. California Department of Child Support Services, Guideline Child Support: California uses a statewide guideline formula (Dissomaster) for calculating child support based on incomes and parenting time
11. California Courts, Divorce or Dissolution of Marriage overview page: No-fault grounds recognized: irreconcilable differences and permanent legal incapacity; registered domestic partner dissolution rules