How to file for divorce in Alameda County (2026)

Step 1: Confirm residency requirements

Before you file anything, California law requires that you meet two separate residency requirements. At least one spouse must have lived in California for a minimum of six months and in Alameda County for at least three months immediately before filing. Both conditions must be true at the time you submit your paperwork to the court.

If you recently moved to Alameda County but have not yet been here for three months, you have two options: wait until you meet the local requirement, or file in the county where you previously lived if you still qualify there. If neither spouse currently meets the California residency requirement, you will need to wait before filing in this state.

The residency rules apply to where you file, not where you were married. You can file for divorce in Alameda County even if you were married in another state or country.

Step 2: Choose your filing path

In 2026, California divorcing couples have two main options for how to start their case. The path you choose affects your costs, timeline, and how much court involvement you will face.

The 2026 joint petition (Form FL-700, SB 1427)

Senate Bill 1427, effective January 1, 2026, created a new cooperative filing path that is well-suited for couples who agree on all the terms of their divorce. Both spouses sign and file Form FL-700 together as "Petitioner 1" and "Petitioner 2." Because both parties file at the same time, the filing itself counts as service, with no need to formally serve the other spouse. This eliminates both the cost and the adversarial dynamic that comes with traditional service. The shared filing fee is $870. Either party may revoke the joint petition at any time by filing Form FL-720, which converts the case to a traditional dissolution.

The traditional petition (Form FL-100)

One spouse (the petitioner) files Form FL-100 along with the Summons (FL-110) and pays a $435 filing fee. The other spouse (the respondent) must then be formally served with copies of all documents by a third party who is not involved in the case. The respondent has 30 days to file a Response (FL-120), which carries its own $435 fee. This is the right path if you need temporary court orders, if your spouse is uncooperative, or if you cannot yet agree on all the terms.

Hello Divorce can help you complete Form FL-700 or FL-100 and make sure your paperwork is court-ready before you set foot in the Hayward Hall of Justice. See our guide to uncontested divorce in California to understand whether your situation is a good fit for the joint petition path.

Step 3: Complete financial disclosures

Regardless of whether you file jointly or traditionally, California law requires both spouses to exchange a Preliminary Declaration of Disclosure (the FL-140 package) early in the case. This is not optional. Failing to complete disclosures can delay or derail your divorce, and courts can set aside a judgment if a spouse is later found to have hidden assets.

The disclosure package includes a Schedule of Assets and Debts (FL-142), an Income and Expense Declaration (FL-150), and a Declaration of Disclosure (FL-140) itself. You exchange these with your spouse directly; you do not file the actual financial documents with the court, though you do file a proof of service confirming the exchange happened.

For a detailed walkthrough of exactly what you need to list and how to value your assets, see Hello Divorce's guide to California mandatory financial disclosures.

Step 4: File at the Hayward Hall of Justice

All Alameda County family law filings must be submitted to the Family Law Division at the Hayward Hall of Justice. This is true regardless of which city in Alameda County you live in. Domestic violence protective orders may also be filed at the Oakland René C. Davidson Courthouse, but standard divorce petitions go to Hayward.

Hayward Hall of Justice
24405 Amador Street, Hayward, CA 94544
Phone: 510-690-2700
Clerk's office hours: Monday through Friday, 8:30 a.m. to 2:30 p.m.

You may file in person, by mail (include a self-addressed stamped envelope for return of your file-stamped copies), or electronically through the Alameda Superior Court's e-filing portal. Bring two copies of every form you are filing: one stays with the court, and one comes back to you as your conformed copy.

The court clerk will stamp your documents with the filing date, assign your case number, and return your conformed copies. Your case is now open and the six-month clock is running, but your divorce is not yet final.

Step 5: Serve your spouse (or skip this step entirely)

Joint petition filers: Skip this step. Because both spouses signed and filed Form FL-700 together, the filing itself constitutes service on both parties. There is no process server, no sheriff, no certified mail. This is one of the most significant practical benefits of SB 1427.

Traditional petition filers: After you file, you must have someone who is not a party to the case serve your spouse with copies of the Petition, Summons, and any other filed documents. That person can be a friend or adult family member, a professional process server, or the county sheriff. Once service is complete, the server completes a Proof of Service of Summons (FL-115), which you then file with the court. Your spouse then has 30 days to file a Response.

If you cannot locate your spouse, California law allows service by publication after a good-faith search, which requires a court order. This is a longer process, so address it early if you anticipate this issue.

Steps 6 and 7: Wait the mandatory period and finalize your judgment

California imposes a mandatory six-month waiting period from the date of filing (joint petition) or from the date of service (traditional petition). This period cannot be waived under any circumstances, regardless of how amicable or simple your case is. The earliest your divorce can be finalized is six months and one day after your case begins.

During this period, both parties complete any remaining financial disclosures and reach a final written agreement on all issues, including property division, support, and custody and parenting plans if children are involved. Once you have a signed Marital Settlement Agreement, you submit it to the court along with a Judgment (FL-180) and related forms. In most uncontested Alameda County divorces, a judge can sign the final judgment without either spouse needing to appear in court.

For help understanding how California divides property when divorcing couples reach their own agreements, see Hello Divorce's overview of property and debt division in California.

Alameda County local rules to know

Mandatory custody mediation

If your case involves minor children and you and your spouse cannot agree on custody and visitation, you must participate in Child Custody Recommending Counseling (CCRC) before a judge will hear your contested custody matter. Alameda County provides this service through Family Court Services, accessible at the Hayward Hall of Justice. A counselor meets with both parents, attempts to help them reach agreement, and if they cannot, makes a written recommendation to the court about what parenting arrangement would serve the children's best interests. This is distinct from private mediation and is required under Alameda County Local Rule 5.75. Parents who do agree on custody are not required to use this service, but it is available if you want support in building a parenting plan. See Hello Divorce's guide to California child custody laws for more on what courts consider.

E-filing availability

Alameda Superior Court offers electronic filing for family law cases through the court's e-filing portal and several registered e-filing service providers. Self-represented parties can create an account and file online. Note that the court charges a $5 transaction fee per accepted filing, and your e-filing provider may charge its own service fee on top of that. Verify current e-filing options at alameda.courts.ca.gov before using this option.

Fee waivers

If you cannot afford the filing fee, you may apply for a fee waiver by submitting Form FW-001 (Application for Waiver of Court Fees) at the time you file your divorce petition. For joint petitions where both spouses need a waiver, each must submit a separate FW-001. Ask the clerk about how your county handles situations where only one spouse qualifies.

Frequently asked questions

Alameda County court resources

These official links provide direct access to Alameda County Superior Court services, local rules, and forms referenced in this guide.

• Alameda County Superior Court — Family Law Division
• Alameda County Family Court Services (custody mediation scheduling)
• Alameda County local family law rules and forms
• California Courts Self-Help: Joint Petition (SB 1427 guide)
• California Courts Self-Help: Divorce forms and instructions
• California Courts Self-Help: Divorce (statewide)

References & further reading

Sources cited in this article and recommended for further reading.

1. 1. California Courts Self-Help Center. "Joint petition for divorce or legal separation" — Official step-by-step guide to the SB 1427 joint petition process, including Form FL-700 instructions and eligibility. California Courts, January 2026. Accessed March 2026.
2. 2. Superior Court of California, County of Alameda. "Family Law Division" — Official page for Alameda County family law filings, courthouse information, and local procedures. Alameda County Superior Court, 2026. Accessed March 2026.
3. 3. Judicial Council of California. "Implementation of SB 1427 — Joint Petition for Dissolution" — Judicial Council staff report covering new forms and rule amendments for the SB 1427 joint petition process, effective January 1, 2026. California Courts, 2025. Accessed March 2026.
4. 4. Hello Divorce. "California mandatory financial disclosures" — What each disclosure form requires, how to value assets, and how to avoid delays from incomplete filings. hellodivorce.com. Accessed March 2026.
5. 5. Hello Divorce. "California divorce forms and papers" — Complete guide to every form required in a California dissolution, with descriptions of what each one does. hellodivorce.com. Accessed March 2026.