Home › Divorce in California › How to file
How to file for divorce in California
To file for divorce in California, one spouse must have lived in the state for at least 6 months and in the filing county for at least 3 months. You start by filing Form FL-100 (Petition for Dissolution of Marriage) and Form FL-110 (Summons) at your county Superior Court. The process has four main steps and takes a minimum of 6 months to finalize.
Quick answer
Filing for divorce in California starts with confirming residency (6 months in California, 3 months in your county), then completing Form FL-100 and Form FL-110 and filing them at your county Superior Court. After your spouse is served, a mandatory 6-month waiting period begins before the court can finalize your divorce. Most uncontested divorces wrap up in 7 to 9 months total.
Do you qualify to file for divorce in California?
Before you fill out a single form, you need to confirm two things: residency and grounds. California makes both straightforward, but skipping this check can result in your case being rejected or delayed at the clerk's counter.
| Requirement | What the law requires | Who must meet it |
|---|---|---|
| State residency | 6 months in California | At least one spouse |
| County residency | 3 months in the filing county | At least one spouse |
| Grounds for divorce | Irreconcilable differences | No proof required — state your differences |
| Spouse's agreement | Not required | One spouse can file alone |
California has been a no-fault divorce state since 1970, making it one of the first in the nation to adopt this approach. That means the court does not ask you to prove that your spouse did anything wrong. Citing irreconcilable differences is enough. If you live in different counties, the person who files gets to choose which county's court handles the case, provided that person meets the 3-month county requirement. If you don't yet meet the 6-month state residency rule for divorce, you can file for legal separation now (no residency wait required) and convert it to a divorce once you qualify.
The forms you need to file for divorce in California
Most California divorces require at least two statewide forms to get started, plus additional forms depending on whether you have children, need a fee waiver, or want to address property right away. Here is what the typical filing packet looks like.
Core forms for almost every California divorce
FL-100 — Petition for Dissolution of Marriage: This is the document that officially starts your case. It tells the court who is filing, when and where you were married, whether you have children, and what you are asking the court to decide.
FL-110 — Summons: Filed alongside FL-100, this notifies your spouse that a divorce has been started and outlines their rights and obligations. It also activates the Automatic Temporary Restraining Orders (ATROs) that prevent either spouse from moving assets or making major financial changes during the case.
FL-105 — UCCJEA Declaration (if you have minor children): Required any time a divorce involves children under 18. It establishes where the children have lived so the court can confirm it has jurisdiction over custody matters.
Your county may also require local forms in addition to the statewide ones. Always check with your county Superior Court's family law division before you file. You can find a full breakdown of the paperwork involved in the California divorce forms guide on this site.
Step-by-step: the California divorce process
California law breaks the divorce process into four main stages. Whether your divorce is uncontested or contested, you move through the same sequence — though the time each stage takes will vary.
Step 1 — File your petition and summons
Complete FL-100 and FL-110 (plus FL-105 if you have children) and bring the originals plus two copies to your county Superior Court's family law clerk. Pay the filing fee (currently $435 in most counties) or submit a fee waiver request if you qualify. The clerk stamps your copies, assigns a case number, and your divorce officially begins.
Step 2 — Serve your spouse
You cannot serve your spouse yourself. A third party who is at least 18 and not involved in your case must personally deliver a copy of everything you filed — plus a blank FL-120 Response form. After service, that person completes a Proof of Service of Summons (FL-115) which you file with the court. This is the date that starts the 6-month waiting period clock. Your spouse then has 30 days to file their response.
Step 3 — Exchange financial disclosures
Both spouses must share complete financial information with each other. This means completing the Preliminary Declaration of Disclosure (FL-140) along with an Income and Expense Declaration (FL-150) and a Schedule of Assets and Debts (FL-142). These mandatory financial disclosures are required in every California divorce — they cannot be skipped, even in fully agreed-upon cases.
Step 4 — Reach agreements and finalize
Once both spouses have exchanged disclosures, you work out the terms of your divorce: how to divide property and debts, whether spousal support applies, and (if you have children) custody and child support arrangements. These agreements go into a Marital Settlement Agreement, which becomes part of the final Judgment (FL-180). The court cannot sign the final judgment until the 6-month waiting period has passed. After that, your divorce is complete.
What it costs to file for divorce in California
The court filing fee for a California divorce petition is $435 as of 2026. The responding spouse pays the same amount to file their response (FL-120). These fees are set by the state and apply across most counties, though a small number of counties charge slightly different amounts.
If the filing fee is a financial hardship, you can request a fee waiver by submitting Form FW-001 at the time of filing. The court will review your income and expenses and, if approved, waive some or all fees.
Keep in mind
Court filing fees are only one part of the total cost of divorce. Attorney fees, process server fees, and the cost of preparing and reviewing documents can add up significantly — especially in contested cases. Hello Divorce offers flat-rate plans designed to make the full process more predictable and affordable.
An uncontested divorce where both spouses agree on everything typically costs between $500 and $1,500 total when handled without an attorney. A fully contested divorce that goes to trial can cost $20,000 or more in attorney fees alone. Most divorces fall somewhere in between.
How long does it take to finalize a California divorce?
California has the longest mandatory waiting period of any state in the country. No court in California can finalize a divorce until at least 6 months and one day have passed from the date your spouse was served. This rule cannot be waived, shortened, or bypassed even if both spouses agree and all paperwork is complete.
In practical terms, an uncontested divorce where both spouses cooperate and paperwork is filed promptly typically finalizes in 7 to 9 months. Contested divorces involving custody disputes, property disagreements, or trial preparation commonly run 12 to 18 months or longer. The 6-month period is not wasted time: it is the window in which financial disclosures are exchanged, agreements are negotiated, and the final judgment is prepared.
Explore each step in detail
Each stage of the California filing process has its own guide with deeper detail, form-by-form instructions, and common mistakes to avoid.
Ready to start? We'll walk you through it.
Hello Divorce guides you through every form, every deadline, and every step of the California filing process — at a flat rate, without the surprises.
Schedule your free 15-minute callFrequently asked questions about filing for divorce in California
Can I file for divorce in California if my spouse lives in another state?
Yes. As long as you have lived in California for at least 6 months and in your current county for at least 3 months, you can file for divorce here regardless of where your spouse lives. The court can end the marriage, but it may have limited authority to make orders about property or support if your spouse has no connection to California. Speak with a family law professional about jurisdiction before filing if this applies to your situation.
Do both spouses have to agree to get divorced in California?
No. Either spouse can file for divorce without the other's consent. If your spouse does not respond within 30 days of being served, you can request a default judgment. The court will then finalize the divorce based on what you requested in your petition, without your spouse's participation. Your spouse's refusal to cooperate cannot stop the divorce from happening.
Can I file for divorce online in California?
Many California counties now accept e-filing for family law cases, and platforms like Hello Divorce help you prepare court-ready paperwork online. That said, you still need to file with the court (in person, by mail, or through an e-filing portal accepted by your county) and arrange physical service on your spouse. The court system itself is not fully digital, but the document preparation process can be completed entirely online.
What is the difference between a contested and an uncontested divorce in California?
An uncontested divorce means both spouses agree on all terms: property division, spousal support, child custody, and child support. These cases typically finalize soon after the 6-month waiting period ends. A contested divorce means one or more issues are unresolved. The court will schedule hearings or a trial to decide disputed matters, which extends the timeline and increases costs significantly. Working with a mediator can help many couples reach agreement and avoid a fully contested process.
What if I don't meet California's residency requirements yet?
If you haven't yet lived in California for 6 months or in your county for 3 months, you can file for legal separation now instead of divorce. Legal separation uses the same forms and process but does not have the same residency wait. Once you meet the residency requirements, you can amend your petition to request a divorce. This approach lets you protect your legal rights and get court orders in place while you wait to qualify.
California court and self-help resources
The following official resources can help you locate forms, find your county courthouse, and access free self-help guidance from the California court system.
- California Courts Self-Help: Divorce overview and steps
- California Courts: Fill out your divorce forms (FL-100, FL-110, FL-105)
- Find your California Superior Court by county
- Download all California Judicial Council family law forms
- Legal separation vs. divorce in California
- California Courts Self-Help: Divorce (statewide)
References & further reading
Sources cited in this article and recommended for further reading.
- 1. California Courts Self-Help. "Fill out your divorce forms" — Official guidance on FL-100, FL-110, and additional forms required to start a California divorce. California Courts, ongoing. Accessed March 2026.
- 2. California Courts Self-Help. "The divorce process" — Four-step overview of California's dissolution process, including the 6-month waiting period and financial disclosure requirements. California Courts, ongoing. Accessed March 2026.
- 3. Orange County Superior Court. "Divorce / Legal Separation / Annulment" — County-level overview of filing requirements, residency rules, and the no-fault divorce standard in California. Orange County Superior Court, ongoing. Accessed March 2026.
- 4. Hello Divorce. "California divorce forms and papers" — Complete guide to all forms required in a California divorce, with filing instructions. hellodivorce.com. Accessed March 2026.
- 5. Hello Divorce. "Mandatory financial disclosures in California divorce" — Explanation of FL-140, FL-150, and FL-142 requirements and how to complete them. hellodivorce.com. Accessed March 2026.