How to File for Divorce in California: A Step-by-Step Guide

Q: What is a "no-fault" divorce in California?

California is a no-fault divorce state. You do not need to prove your spouse did anything wrong. The only legal ground is "irreconcilable differences" — meaning the marriage cannot be saved.

Q: How is property divided in a California divorce?

California is a community property state. All assets and debts acquired during marriage are generally divided 50/50.

Filing for divorce in California involves several steps, from meeting residency requirements to serving your spouse and finalizing the judgment. This guide walks you through the entire process.

Step 1: Determine If You Meet Residency Requirements

To file for divorce in California, you or your spouse must meet the residency requirements:

6-Month State Residency: You or your spouse must have lived in California for at least 6 months before filing.
3-Month County Residency: You must have lived in the county where you plan to file for at least 3 months.

If these requirements are not met, you cannot file for divorce in California. You may need to file in another state or wait until the residency period is satisfied.

Step 2: Gather Required Information

Before filling out forms, collect the following information:

Your full legal name and your spouse’s full legal name
Dates of marriage and separation
Information about your children (if any): names, birth dates, custody history
Financial information: income, assets, debts, expenses
Property details: real estate, vehicles, bank accounts, retirement accounts

Step 3: Prepare and File the Forms

The California courts require several forms to start a divorce case:

Required Forms

Petition — Marriage/Domestic Partnership (FL-100): This starts the case. You check boxes to indicate what you’re asking for (dissolution of marriage, custody, support, property division).
Summons (FL-110): This notifies your spouse that a case has been filed. It includes restraining orders that automatically take effect.
Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (FL-105): Required if you have minor children together.
Income and Expense Declaration (FL-150): Required if you’re asking for child or spousal support.

Filing Fees

As of 2026, the filing fee for a divorce petition in California is approximately $435-$450. If you cannot afford the fee, you can apply for a fee waiver using Form FW-001.

File these forms at the Superior Court in the county where you live.

Step 4: Serve Your Spouse

After filing, you must legally notify your spouse by “serving” them with the Summons and Petition. This cannot be done by you — someone over 18 who is not involved in the case must deliver the papers.

Service methods include:

Personal Service: Papers handed to your spouse in person
Service by Mail: With a Notice and Acknowledgment of Receipt (form FL-117)
Service by Publication: If you cannot locate your spouse (requires court permission)

Your spouse has 30 days to file a Response (form FL-120) after being served.

Step 5: Handle Temporary Orders (If Needed)

While your case is pending, you may need temporary orders for:

Child custody and visitation
Child support
Spousal support
Use of property (house, car)
Restraining orders

File Request for Order (FL-300) to ask the court for temporary orders.

Step 6: Financial Disclosure

Both parties must exchange complete financial information within 60 days of filing the Response. This includes:

Income and Expense Declaration (FL-150)
Schedule of Assets and Debts (FL-142)
Recent tax returns, pay stubs, bank statements

This is a mandatory step. Failure to disclose can result in sanctions.

Step 7: Negotiate a Settlement

Most California divorces are resolved by agreement rather than trial. Ways to negotiate:

Direct negotiation between spouses (least expensive)
Mediation: A neutral third party helps you reach agreement
Collaborative divorce: Each spouse has an attorney, but all parties commit to settling without going to court
Attorney negotiation: Your attorneys negotiate on your behalf

Step 8: Finalize the Divorce

To finalize, you need:

Judgment (FL-180): The final court order
Notice of Entry of Judgment (FL-190)
If you have children: Judgment Regarding Parental Obligations (FL-250) and custody/visitation orders

Mandatory Waiting Period

California has a 6-month waiting period from the date the respondent is served (or appears in court) before the divorce can be finalized. This is the minimum — many cases take longer.

Timeline Summary

Step	Typical Timeline
File Petition	Day 1
Serve Spouse	1-4 weeks
Response Due	30 days after service
Financial Disclosure	Within 60 days of response
Negotiation	2-6 months
Judgment (earliest)	6 months from service

Frequently Asked Questions

Do I need a lawyer to file for divorce in California?

No. California allows you to file for divorce without an attorney (pro per). However, if your case involves complex property, high conflict over custody, or domestic violence, consulting an attorney is recommended.

What is a “no-fault” divorce in California?

California is a no-fault divorce state. You do not need to prove your spouse did anything wrong. The only legal ground is “irreconcilable differences” — meaning the marriage cannot be saved.

How is property divided in a California divorce?

California is a community property state. All assets and debts acquired during marriage are generally divided 50/50. Separate property (owned before marriage, gifts, inheritances) is not divided.

Can I get spousal support?

Spousal support depends on factors including the length of marriage, each spouse’s income and earning capacity, and each spouse’s needs. See our Alimony Estimator for a rough estimate.

Next Step: Use our Divorce Timeline Calculator to estimate how long your California divorce may take.