How to File for Divorce in California

Here’s something you might not know – at the time you file for divorce in California, the law requires a mandatory six-month waiting period before finalizing it.

The waiting period represents just one requirement among many others in California’s divorce process. This can feel overwhelming during such a difficult phase of life. Most people consider divorce one of life’s most challenging experiences. Understanding each step makes the process more manageable.

California has specific residency rules you must meet. Either you or your spouse should have lived in California at least six months. You also need three months of residence in the county where you plan to file. The original filing fees typically cost between $435 and $450. The courts offer fee waivers to those who need financial assistance.

In this piece, we’ll take you through California’s divorce process from beginning to end. You’ll learn about residency requirements, paper serving procedures, and divorce finalization steps. Our straightforward guidance aims to give you clarity and confidence through this challenging transition.

Step 1: Prepare Before You File

A solid divorce preparation in California saves you time, money, and emotional stress. These five steps will build a strong foundation as you move forward.

Understand if divorce is the right step

California’s “no-fault” divorce law means you don’t need proof of wrongdoing to end your marriage. You can simply cite “irreconcilable differences” in court. The decision of one partner lets you proceed with divorce even if your spouse disagrees.

Your marriage might benefit from counseling or a trial separation before making such a life-changing decision. All the same, you should move forward with clear intentions once you’re sure divorce is your path.

Check California residency requirements

The courts won’t accept your divorce petition unless you or your spouse has lived in California for at least six months and in your current county for three months.

You can start with legal separation if you haven’t met these residency requirements yet. Legal separation has no residency rules. You can change your petition to divorce once you meet the time requirements.

Gather important financial and legal documents

Start by collecting copies of everything related to your assets, debts, income, and expenses. This groundwork helps with property division later.

Key documents to gather include:

Tax returns (from the past 3-5 years)
Bank and savings account statements
Current debts and bills from creditors
Mortgage statements
Income statements (at least two months’ worth)
Property deeds
Investment and retirement account information
Marriage certificate
Birth certificates for children

Keep these documents in a safe place. Digital copies with password protection add extra security. Good documentation shows your financial situation clearly and protects your interests throughout divorce.

Talk to a divorce attorney or legal aid

A family law attorney can explain your rights and obligations before you file. Your initial consultation stays confidential – attorneys must keep all discussions private, even if you don’t hire them.

The Family Law Facilitator’s office helps people without attorneys. They answer questions about the process and help prepare paperwork. Borna Houman Law offers expert guidance through each step of your California divorce.

Plan how to tell your spouse and children

Serving divorce papers without warning often creates needless conflict. An honest conversation works best unless domestic violence is involved.

Children find divorce stressful and confusing. Tell them together with your spouse if possible. Pick a quiet time away from holidays or birthdays. Let them know both parents will always love them and that divorce isn’t their fault.

Simple, age-appropriate explanations work best. Children need reassurance that they didn’t cause the divorce and both parents will stay involved in their lives. Regular routines help provide stability during this change.

Step 2: File the Divorce Petition

You need to prepare several documents to start your divorce process in California. The petition you file marks the official beginning of your divorce and starts important timelines.

Complete the FL-100 and FL-110 forms

Two mandatory forms start your divorce process: the Petition (FL-100) and Summons (FL-110). The Petition contains simple information about your marriage and your requests to the court. The Summons alerts your spouse about the divorce and includes important restraining orders that take effect immediately.

These forms require:

Your full legal name (no nicknames)
A reliable address and phone number
The correct case type selection (dissolution of marriage)
Your marriage and separation dates
Your preferences about spousal support or property division

The Summons includes “Automatic Temporary Restraining Orders” (ATROs) that stop both parties from making significant financial changes or taking children outside the state.

Include the UCCJEA if you have children

Parents with minor children must complete the Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) form (FL-105). This form becomes mandatory whenever custody matters arise during divorce.

The UCCJEA form requires:

Names and birthdates of all minor children from your marriage
Your children’s living history for the last five years
Details about existing custody orders or proceedings

This document helps courts determine jurisdiction over child custody matters. Both spouses must submit this form if they have minor children.

Pay the filing fee or request a fee waiver

California courts charge $435 to file a divorce petition, though county fees might vary. Courts accept cash, checks, and major credit cards.

You can request a fee waiver if the cost creates financial hardship by submitting:

Request to Waive Court Fees (Form FW-001)
Order on Court Fee Waiver (Form FW-003)

The court automatically approves fee waivers for people receiving public benefits like Medi-Cal or food stamps. Other cases depend on your income and expenses. The court needs to know within five days if your financial situation improves during the case.

File at the correct California family court

The law requires you to file divorce papers in a county where you or your spouse has lived for at least three months. Each county designates specific family law courthouses for these submissions.

Filing requirements include:

The original forms plus two copies of each document
Checking courthouse hours carefully (some close at 1:00 pm)
Planning for potential wait times due to limited staff

You can submit documents in person, through courthouse drop boxes, or electronically in certain counties. The court clerk stamps your documents and returns copies that you’ll serve to your spouse in the next step.

Keep in mind that filing these forms doesn’t end your divorce—California law requires a six-month waiting period after serving your spouse before finalizing the divorce.

Step 3: Serve the Divorce Papers

The next significant step after filing your divorce petition is serving the papers to your spouse. California law requires this formal delivery process, and you must follow specific legal requirements to make it valid.

Who can serve the papers

You cannot serve the divorce papers yourself if you’re the one filing. The law in California states that divorce papers must be served by:

Someone at least 18 years old
Not a party to the divorce case
Can be a friend, family member, professional process server, or sheriff[182]

Professional process servers are the quickest way to get your papers delivered since they understand all legal requirements. The sheriff’s department works well too, especially when you have spouses who are hard to find or potentially hostile situations.

What documents must be served

Here are the divorce papers that need to be served:

Petition for Dissolution of Marriage (Form FL-100)[182]
Summons (Form FL-110)[182]
Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (Form FL-105) – only if you have children under 18[161]
Blank Response to Divorce Petition (Form FL-120)[161]

These documents let your spouse know about the divorce and their rights and responsibilities during the process.

How to serve by mail or in person

Personal service happens when your server hands the documents directly to your spouse. The 30-day response period starts right after delivery.

Your spouse and you might agree to mail service if you’re cooperating. Here’s what mail service needs:

Your server sends the documents via first-class mail
Include a Notice and Acknowledgment of Receipt (Form FL-117)
Include a pre-addressed, stamped return envelope
Your spouse must sign and return the acknowledgment within 20 days

Substituted service might work if personal service fails after several tries. This means leaving papers with a responsible adult (18+) at your spouse’s home or workplace and mailing copies to that address.

Filing the Proof of Service (FL-115)

The Proof of Service (Form FL-115) proves your spouse received the divorce papers. This vital form:

Must be completed by the server
Shows when, where, and how service happened
Needs filing with the same court as your divorce petition[161]

Your case cannot move forward without this properly filed form. Keep a copy for your records after filing. This document starts California’s required six-month minimum waiting period before finalizing your divorce.

Step 4: Responding and Temporary Orders

Your spouse faces several important decisions after getting divorce papers. They need to know their response options and next steps to navigate this phase of the California divorce process.

How your spouse can respond (FL-120)

The law gives your spouse 30 days to file a Response (FL-120) with the court after being served with divorce papers. This form lets them agree or disagree with your petition requests. The Response form covers the same topics as the Petition – jurisdiction, marriage date, separation date, and their stance on property division.

Your spouse can still file a Response even after 30 days, as long as you haven’t submitted a Request to Enter Default (FL-165).

What happens if they don’t respond

You can ask for a default judgment if your spouse doesn’t respond within 30 days. The court might grant everything you asked for in your original filing without your spouse’s input in a default divorce. California’s community property rules still apply to ensure fair division.

The state requires a six-month waiting period from the service date before finalizing the divorce, even if one spouse doesn’t participate.

Requesting temporary custody or support

Both parties can ask for temporary orders through an Order to Show Cause (OSC) hearing while the divorce is pending. These “pendente lite” (pending litigation) orders stay in effect throughout your divorce proceedings.

Temporary orders typically cover:

Child custody and visitation arrangements
Child and spousal support payments
Exclusive use of the family home
Attorney’s fees and costs

Understanding the Request for Order (FL-300)

You’ll need to file a Request for Order (FL-300) form to get temporary orders. This document tells the court and your spouse what needs to be discussed at the hearing. Financial matters require an additional Income and Expense Declaration (FL-150).

Attending mediation for custody issues

California law requires parents to meet with a professional mediator before any court hearing about child custody. You can’t move forward with your case until you complete this mandatory mediation.

Mediator practices vary by county. Some mediators make recommendations to the judge when parents can’t agree. Other counties keep mediation discussions private through non-recommending mediation.

Step 5: Financial Disclosures and Settlement

Financial disclosure plays a vital role in California’s divorce process. Both parties must share their financial information so they can see all assets, debts, and income before dividing property.

What is a preliminary financial disclosure

California law states you must file a Preliminary Declaration of Disclosure within 60 days after filing the Petition or Response. This detailed financial statement has all your assets, debts, and income. The court won’t grant your divorce without this exchange.

Forms required: FL-140, FL-141, FL-150, FL-142

You’ll need these disclosure forms:

Declaration of Disclosure (FL-140) – a cover sheet for your disclosure package
Income and Expense Declaration (FL-150) – detailing income sources and monthly expenses
Schedule of Assets and Debts (FL-142) – listing all property and debts
Declaration Regarding Service (FL-141) – filed with the court confirming service

You must also provide tax returns from the last two years.

Using discovery to gather more information

You can use formal discovery to ask for additional information if you think your spouse hasn’t shared everything. This process lets you use interrogatories (written questions), depositions (sworn testimony), document requests, and subpoenas.

How to reach a settlement agreement

Many couples work out a Marital Settlement Agreement after sharing their disclosures. This agreement covers all divorce issues. Borna Houman Law can help file your divorce and make sure your settlement protects your interests.

When to consider a trial or court hearing

Your case might go to trial if you can’t reach a settlement. Note that once a judge makes the final ruling, you’re nowhere near as much in control of the outcome.

Conclusion

The California divorce process follows five clear steps, but it can feel overwhelming at first. Each stage – from preparation to financial disclosures – makes this challenging life transition easier to handle. The mandatory six-month waiting period helps you set realistic timeline expectations.

A divorce signals the end of a marriage, but good preparation gives you confidence to start your next chapter. Legal requirements and court appearances might look intimidating initially. Take one step at a time to reduce stress. Borna Houman Law will help you file your divorce and guide you through this complex process.

Thousands of people complete their divorces in California every year successfully. Your clear grasp of residency requirements, forms, and court procedures will help you move ahead quickly. The right legal support and knowledge will give you a dignified divorce process and help you build your new future.

FAQs

Q1. How long does it take to get divorced in California?
In California, there is a mandatory six-month waiting period from the date of serving divorce papers before a divorce can be finalized. However, the entire process may take longer depending on the complexity of the case and how well the spouses cooperate.

Q2. What are the residency requirements for filing for divorce in California?
To file for divorce in California, either you or your spouse must have lived in the state for at least six months and in the county where you’re filing for at least three months.

Q3. Can I get divorced if my spouse doesn’t want to?
Yes, you can get divorced in California even if your spouse doesn’t want to. California is a “no-fault” divorce state, meaning you don’t need to prove wrongdoing to end your marriage. The decision of one partner is sufficient to proceed with the divorce.

Q4. What documents do I need to gather before filing for divorce?
Important documents to gather include tax returns, bank statements, mortgage statements, income statements, property deeds, investment and retirement account information, marriage certificate, and birth certificates for children. These documents provide a clear picture of your financial situation.

Q5. Is mediation required for child custody disputes in California?
Yes, California law requires parents to meet with a professional mediator before any court hearing regarding child custody disputes. This mediation is mandatory, and your case won’t proceed until you complete this step.