How to File for Divorce in California.

How to File for Divorce in California (Guide).

Divorce is a big step — legally, emotionally, and financially. If you're considering ending your marriage in California, it’s essential to understand the legal process, documents required, timelines, and your rights. This guide breaks everything down in simple steps, whether you're working with a lawyer or going through the process on your own.

🟢 Who Can File for Divorce in California?

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

• Live in California for at least 6 months

• Live in the county where you plan to file for at least 3 months

If you don’t meet these requirements, you can start with a legal separation, then amend it to divorce once you qualify.

🟢 No-Fault Divorce in California

California is a “no-fault” divorce state, meaning you don’t have to prove wrongdoing. You can simply state “irreconcilable differences” as the reason for divorce.

There’s no need to prove adultery, abuse, or abandonment — unless you're dealing with custody or financial issues.

🟢 6 Major Steps to File for Divorce in California

1️⃣ Fill Out the Right Divorce Forms

You’ll need to start with these basic forms:

• Petition – Marriage/Domestic Partnership (Form FL-100)

• Summons (Form FL-110)

• Declaration Under UCCJEA (Form FL-105) – if children are involved

You can download forms from the California Courts website.

2️⃣ File the Forms With the Court

Go to your local Superior Court in the county where you or your spouse live.

Pay the filing fee (approx. $435–$450). Fee waivers are available if you qualify.

3️⃣ Serve the Divorce Papers

You must legally “serve” your spouse using a third party (friend, relative, or process server — not you).

They’ll fill out a Proof of Service of Summons (Form FL-115) after delivery.

4️⃣ Wait for the Response

Your spouse has 30 days to respond using Form FL-120 (Response).

If they don’t respond, you may be able to request a default divorce.

5️⃣ Disclose Financial Information

Both parties must exchange:

• Income & Expense Declaration (Form FL-150)

• Schedule of Assets and Debts (Form FL-142)

This step ensures fair division of property, debts, and support.

6️⃣ Finalize the Divorce

You may settle everything in one of three ways:

• Uncontested divorce – You agree on all issues, submit a settlement agreement, and skip court.

• Contested divorce – You disagree on some issues, and a judge will decide.

• Default divorce – Your spouse doesn’t respond, and you move forward alone.

Once finalized, there’s a 6-month waiting period from the date your spouse is served before the divorce becomes official.

🟢 What About Child Custody and Support?

If you have children, the court will require a Parenting Plan and review:

• Custody arrangements (legal and physical)

• Child support calculations based on California guidelines

Mandatory parenting classes in some counties

🟢 Do I Need a Lawyer?

No — but legal help is strongly recommended, especially if:

• You have kids or property

• There’s domestic violence

• You think your spouse is hiding assets

Free help is available through legal aid or court family law facilitators.

🟢 Final Tips for a Smooth Divorce in California

• Always keep copies of every form you file.

• Use the California Courts Self-Help Center for updates and tools.

• Avoid online scams promising “instant divorce” — use only official resources.

🟢 Summary Checklist

✅ Meet residency requirements

✅ Fill out and file required forms

✅ Serve your spouse legally

✅ Exchange financial disclosures

✅ Agree (or litigate) on issues

✅ Wait 6 months for final judgment

💡 Pro Tip:

Use court-approved online divorce tools if your case is uncontested. They simplify paperwork and filing and may save hundreds in legal fees.

Disclaimer: This article provides general information, not legal advice. Always consult a qualified California attorney for your specific situation.