How to File for Divorce in California

Complete guide to California dissolution of marriage, forms, and requirements for 2025
6-Month Waiting Period
$435-$450 Filing Fee
6-Month Residency

Steps to File for Divorce in California

1

Meet Residency Requirements

One spouse must have lived in California for 6 months AND in the county where you file for 3 months before filing.
2

Complete the Petition

File Form FL-100 (Petition for Dissolution) and FL-110 (Summons). California is a no-fault state - cite "irreconcilable differences."
3

File with the Court

Submit your forms to the Superior Court Family Law Division in your county. Pay the filing fee or request a fee waiver.
4

Serve Your Spouse

Have someone 18+ (not you) personally serve your spouse with the papers. Your spouse has 30 days to respond.
5

Complete Disclosures

Exchange Preliminary Declarations of Disclosure (FL-140, FL-142) within 60 days. This is mandatory in California.
6

Finalize After 6 Months

After the 6-month waiting period from service date, submit your judgment. The court will review and issue the final judgment.

California Divorce Requirements

Residency Requirement

6 Months State / 3 Months County
One spouse must have lived in California for 6 months and in the filing county for 3 months.

Waiting Period

6 Months
California requires a mandatory 6-month waiting period from the date your spouse is served before divorce is final.

Filing Fees

$435 - $450
Filing fees vary slightly by county. Fee waivers (FW-001) available for those who qualify financially.

Required California Divorce Forms

FL-100 (Petition)
Primary form to start divorce proceedings
FL-110 (Summons)
Legal notice to your spouse
FL-140 (Declaration of Disclosure)
Required financial disclosure
FL-142 (Schedule of Assets & Debts)
Comprehensive property list
FL-150 (Income and Expense Declaration)
Detailed income statement
FL-180 (Judgment)
Final divorce decree form

Filing Options in California

In-Person Filing

  • File at Superior Court Family Law Division
  • Self-Help Centers available in all 58 counties
  • Staff can review forms for completeness
  • Pay by cash, check, or credit card
  • Get file-stamped copies immediately

E-Filing

  • Available in most California counties
  • File 24/7 through approved e-filing providers
  • Pay fees electronically
  • Receive confirmation and stamped documents
  • Track case status online

Types of Divorce in California

Uncontested / Summary Dissolution

  • Both spouses agree on all terms
  • Summary dissolution for qualifying couples (married less than 5 years, no children, limited assets)
  • Standard uncontested: 6+ months with agreement
  • True default if spouse doesn't respond
  • Lower costs - primarily court fees
  • No trial required

Contested Divorce

  • Spouses disagree on key issues
  • Can take 1-3+ years to resolve
  • Requires discovery, depositions, motions
  • Mandatory settlement conferences
  • Higher costs - often $15,000-$100,000+
  • Trial before a judge if no settlement

Important Things to Know

California is a community property state, meaning most assets and debts acquired during marriage are split 50/50. California also requires mandatory financial disclosures - you must exchange complete financial information with your spouse, even in uncontested cases. Failure to disclose can result in the judgment being set aside.

California-Specific Considerations

  • California is a community property state (50/50 division)
  • Mandatory 6-month waiting period from service date
  • Summary dissolution available for qualifying couples
  • Legal separation is an alternative to divorce
  • Self-help centers available at courthouses statewide

Ready to Start Your California Divorce?

Splitifi helps you navigate California's divorce process with document preparation, expense tracking, and guided support every step of the way.
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