California Divorce Checklist

You spent weeks planning your wedding. Your divorce deserves the same kind of care and intention. California requires a significant amount of paperwork to process a dissolution, and nearly every form needs supporting documents to back it up. Knowing exactly what to gather before you start can save you time, reduce stress, and help you make clearer decisions when it matters most.

This checklist covers everything: personal identification, financial records, legal forms, and what to do in the weeks after you file. Bookmark it, print it, and work through it at your own pace.

3 first steps before you file

California is a no-fault divorce state. That means you do not have to gather evidence of wrongdoing or prove that anyone caused the marriage to fail. Citing irreconcilable differences is legally sufficient. Before you pick up a single form, though, three decisions will shape everything that follows.

1. Choose your divorce type

California offers several paths to dissolution. The one you choose determines which forms you need, how long the process takes, and how much it costs.

• Uncontested divorce. Both spouses agree on all terms, including property, debts, and custody. This path is the fastest and least expensive. Most Hello Divorce clients complete an uncontested divorce without ever setting foot in a courtroom.
• Contested divorce. The parties cannot agree on one or more issues and ask a judge to resolve them. Contested cases typically take one to two years and cost significantly more.
• Summary dissolution. A simplified process for short marriages with limited assets and no children. Both spouses file jointly and the case closes at the six-month mark if they qualify.
• Legal separation. Uses a similar process to divorce but does not end your marriage. Useful when couples need court orders about finances or children but are not ready to fully dissolve the marriage.

2. Consider whether mediation is right for you

If you and your spouse agree on most things but are stuck on one or two issues, a divorce mediator can help you work through those sticking points without going to court. Mediators are neutral. They do not take sides or make decisions for you. They create the conditions for two people to have a productive conversation. Working through disagreements in mediation is almost always faster and less expensive than litigation, and it tends to produce agreements both people can actually live with.

3. Decide what level of legal help you need

You do not have to hire a full-service attorney to get a divorce in California. For straightforward uncontested cases, many people complete the process with an online platform like Hello Divorce, using a forms specialist or getting on-demand legal advice only when needed. If your case involves significant assets, complex custody arrangements, or a spouse who is being uncooperative, more legal support may be worth the investment. Compare Hello Divorce plans to find the right level of support for your situation.

What's involved in a California divorce

California's divorce process moves through a set sequence of steps. Understanding the full arc before you start helps you gather the right documents at the right time.

• Step 1: Prepare and file your forms. The petitioner fills out the opening documents and files them with the superior court in their county. The filing fee is $435 to $450, though a fee waiver is available if you cannot afford it.
• Step 2: Serve your spouse. Someone who is not a party to the case (a friend, family member, or professional process server) must personally deliver the filed documents to your spouse. You cannot serve the papers yourself. Once served, your spouse has 30 days to file a response.
• Step 3: Exchange financial disclosures. Both spouses must share full financial information, including income, expenses, assets, and debts. State law requires this disclosure within 60 days of filing. California is a community property state, meaning assets and debts acquired during the marriage are generally divided 50/50.
• Step 4: Reach a settlement. Work with your spouse to divide property, address debts, and establish parenting arrangements. If you cannot agree, a judge will decide. A signed marital settlement agreement is the goal of this phase.
• Step 5: Submit final paperwork and wait for the judgment. Once all issues are resolved, you submit the final forms. A judge must review and sign the Judgment (FL-180). Your divorce is not final until that signed judgment is filed with the court and the mandatory six-month waiting period has passed from the date of service.

The six-month period is a state minimum, not a guarantee. An uncontested divorce can finalize right at six months with good preparation. A contested case involving court hearings can take a year or more. The single biggest factor in how long your divorce takes is the level of cooperation between you and your spouse.

Personal information and identification documents

The courts need to know exactly who you are and verify your California residency before your case can proceed. To file in California, you or your spouse must have lived in the state for at least six months and in your filing county for at least three months.

Gather the following for yourself and, where applicable, your spouse:

• Full legal name (as it appears on government-issued ID)
• Social Security number
• Proof of California residency (utility bill, lease, or official mail showing your address)
• Current employer name and address for both spouses
• Your marriage certificate (a certified copy is best; get one from the county recorder where you married)
• Spouse's current mailing address and contact information

If you have children together, also gather:

• Birth certificates for each child
• Any existing custody or parenting agreements (signed documents if they exist)
• Records of childcare costs and health insurance premiums

If you plan to restore a former name as part of your divorce, note the exact name you want to use on your paperwork now. The Judgment can include a name change order, and it is far easier to handle at the time of divorce than to pursue separately afterward.

Financial records and property documents

California's community property rules mean that nearly everything acquired during your marriage belongs equally to both of you, regardless of whose name is on the account or title. Courts require complete, accurate financial disclosure from both spouses. Aim to pull three to five years of records wherever possible.

Income and employment records:

• Recent pay stubs (at least two months)
• Federal and state tax returns for the past three to five years
• W-2s and 1099s for the same period
• Social Security or pension benefit statements

Banking, savings, and investments:

• Checking and savings account statements for all accounts
• Investment and brokerage account statements
• Retirement and pension account statements (401(k), IRA, pension plans), noting pre-marriage versus post-marriage contributions where possible
• Any stock options or equity compensation statements

Property and real estate:

• Mortgage statements for all properties, noting which were acquired before and which during the marriage
• Property deeds and vehicle titles
• Any prenuptial or postnuptial agreements
• Lease agreements if you rent

Debts and liabilities:

• Credit card statements for all cards, joint and individual
• Auto loan statements
• Student loan statements (note: student debt is generally treated as separate property in California, but this depends on how and when it was accrued)
• Any outstanding personal loans or money owed to or by either spouse

If either spouse owns a business, you will also want business tax returns, profit and loss statements, and ownership documents. Business valuation is one of the more complex parts of asset division, and it is worth getting professional help from a Certified Divorce Financial Analyst if significant business interests are involved.

Legal forms you need to file

California makes all its divorce forms available online through the Judicial Council. The challenge is knowing which forms are required at each stage. Here is a breakdown of the core documents.

To start your divorce (filed with the court):

• FL-100 (Petition). Filed by the petitioner to open the case. This form states that you are seeking a dissolution of marriage and identifies the key issues (property, support, custody).
• FL-110 (Summons). Accompanies the petition. Notifies your spouse that a divorce case has been filed and outlines their rights.
• FL-115 (Proof of Service of Summons). Completed and signed by the person who served your spouse. Filed with the court to confirm service was completed correctly.
• FL-120 (Response). Your spouse completes and files this form to participate in the case. Even if your spouse does not respond, your divorce can proceed, though the process is slightly different.

Financial disclosure forms (served on your spouse, not filed with the court initially):

• FL-140 (Declaration of Disclosure). A cover sheet that lists all the financial documents you are sharing with your spouse.
• FL-150 (Income and Expense Declaration). Details your monthly income and expenses. Attach pay stubs and other proof of income.
• FL-142 (Schedule of Assets and Debts) or FL-160 (Property Declaration). Lists every asset and debt. Attach supporting documents. Use FL-160 if you need additional space.
• FL-141 (Declaration Regarding Service of Disclosure). Filed with the court to confirm you served your financial disclosures on your spouse. This step is required before the court will grant your divorce.

You must complete and serve financial disclosures within 60 days of filing. Failing to disclose assets fully and accurately can have serious legal consequences, including having orders set aside after the divorce is final.

Additional forms for couples with children

If you and your spouse share children, two additional forms are required from the start. Courts take children's wellbeing seriously, and these documents give the court the information it needs to make decisions in your children's best interest.

• FL-105 (UCCJEA Declaration). Identifies where your children were born and where they have lived over the past five years. This establishes California's jurisdiction over your custody case. Required for all divorcing parents.
• FL-311 (Child Custody and Visitation Application Attachment). Optional but highly recommended if you have a custody arrangement in mind. Use this form to outline your proposed parenting schedule. Presenting a clear proposal tends to result in faster, smoother case resolution.

If you and your spouse cannot agree on custody, the court may require both parents to attend mediation before a judge makes a decision. Our child custody mediation checklist can help you prepare for that conversation.

Child support calculations in California are formula-based and consider both parents' incomes, the amount of time each parent has with the child, and other financial factors. For more on what to expect, read our guide on special concerns when divorcing with minor children.

Starting your independent life: practical next steps

With your documents gathered and your forms filed, your divorce is legally underway. But there are a few financial and logistical steps that belong on your checklist too, and the sooner you take them, the more protected you will be.

Open a new individual bank account

Separate your finances as soon as possible. Open an account at a bank or credit union in your name only and have your paycheck deposited there going forward. Notify your spouse that you have done so. Moving only your own income into a new account is appropriate. Draining joint accounts without agreement can create legal problems and damage your credibility with the court.

Review beneficiary designations

Check the beneficiary on your life insurance policies, retirement accounts, and any accounts with a payable-on-death designation. These designations are not automatically changed by divorce in California, so if your spouse is listed, you will want to update them once your divorce is final (and consult your attorney about whether you can do so before the divorce).

Update your insurance coverage

If you are currently on your spouse's health insurance, you will need to arrange your own coverage. A divorce qualifies as a life event that allows you to enroll outside of open enrollment. You typically have 60 days from the date your coverage ends to enroll in a new plan. Our article on updating your insurance plans after divorce walks through this in detail.

Check your credit report

Pull your credit report and review it carefully. Note all joint accounts and understand what will need to be separated or paid off. Any joint debt that goes unpaid after divorce can still affect your credit, regardless of what your settlement agreement says. For more guidance, see our resource on credit repair after divorce.

Special considerations

Every divorce involves a unique set of circumstances. A few situations warrant extra attention as you prepare your checklist.

Retirement accounts and QDROs

Retirement accounts that contain contributions from the marriage years are community property, even if they are in only one spouse's name. Dividing a 401(k) or pension requires a Qualified Domestic Relations Order (QDRO), a separate court order that instructs the plan administrator how to split the benefit. This does not happen automatically as part of the divorce judgment. If your settlement includes a retirement account division, getting the QDRO drafted and approved should be on your post-divorce checklist. Our guide on understanding QDROs and dividing retirement plans covers the process.

The marital home

The house is often the largest asset in a marriage. Your options generally come down to one spouse buying the other out, selling the home and dividing the equity, or co-owning for a period (often until children finish school). Each option has financial implications that are worth modeling before you commit. Use our home equity calculator to understand what a sale or buyout might look like for your situation.

Digital assets

Cryptocurrency, NFTs, and other digital assets are increasingly common in California divorce cases. Courts require full disclosure of these holdings, and the law around digital assets is evolving quickly. If either spouse holds digital assets of any value, include documentation of those accounts and their current value in your financial disclosures.

Spousal support

California courts can order spousal support (also called alimony) based on a number of factors, including the length of the marriage, the standard of living during the marriage, each spouse's earning capacity, and any career sacrifices made for the family. For marriages that lasted ten years or more, a court may retain jurisdiction over support indefinitely. If spousal support is likely to be part of your case, speak with a family law attorney about what to expect.

Ready to move forward with your California divorce?

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