California Divorce Process
If you're reading this, you're probably trying to figure out where to start. The California divorce process can feel overwhelming at first glance, but it follows a predictable sequence of steps that thousands of Californians complete every year, many without full attorney representation. This guide walks you through the entire process clearly and in order, including an important update that took effect in January 2026: California now offers a new joint petition pathway under Senate Bill 1427, using Form FL-700, that lets both spouses file together without a process server. Whether you and your spouse are on the same page or still working through some things, this article will help you understand exactly what's ahead.
The California divorce process has four main stages: file your petition (either solo with FL-100 or jointly with the new FL-700 as of January 2026), serve your spouse (unless you use FL-700), exchange financial disclosures, and submit a final judgment. A mandatory six-month waiting period applies in all cases. Uncontested divorces typically close in six to eight months total. Keep reading for a full step-by-step breakdown and the details on choosing the right filing path.
What should you consider before filing for divorce?
Before you file the first piece of paperwork, a few questions are worth sitting with. Divorce is permanent once a judge signs the final judgment, so making sure you're ready, and that you're making decisions from a clear-headed place, matters more than moving fast.
- Are you ready to end the marriage permanently? You can stop the process at any point before the judgment is signed, but you can't reverse it after. If you're unsure, discernment counseling can help you get clarity before committing to file.
- Will your spouse work with you? If you can agree on the key terms, you qualify for an uncontested divorce, which is faster, less expensive, and significantly less stressful. The new FL-700 joint petition takes that collaboration one step further.
- What happens to the family home? The family home is often the most emotionally and financially complex asset in a California divorce. It's worth thinking through your options early.
- Can you afford to support yourself? Some divorces include spousal support arrangements; others don't. Review your finances before you file so you're not caught off guard.
- How will your children be affected? Breaking up a household is hard on kids. Think about what level of support they may need, and whether a co-parenting plan should be a priority in your negotiations. Our guide on California child custody laws is a good place to start.
- Do you need a mediator or attorney? Complex finances or a high-conflict spouse are two solid reasons to bring in professional support. A mediator can often help couples reach agreement far faster than going straight to litigation.
If your situation is relatively straightforward and you're both motivated to keep things civil, the steps below are very manageable. Hello Divorce's team has guided thousands of California couples through this process.
Two ways to start your case in 2026
As of January 1, 2026, California offers two distinct ways to initiate a divorce. Choosing the right one up front saves time and avoids unnecessary steps later.
| Factor | Traditional petition (FL-100) | Joint petition (FL-700) New 2026 |
|---|---|---|
| Who files | One spouse (petitioner) files; the other responds | Both spouses file together as Petitioner 1 and Petitioner 2 |
| Process server required? | Yes | No — signing the joint petition replaces service |
| Filing fee | $435–$450 per petition | $870 combined (both spouses pay at once) |
| Temporary court orders allowed? | Yes (file FL-300) | No — must revoke the joint petition first if needed |
| Best for | Any California divorce, contested or uncontested | Couples who agree (or expect to agree) on all terms |
| Can you switch paths later? | N/A | Yes — file FL-720 to revoke; original filing date is preserved |
If you and your spouse are not in agreement on all issues yet, start with the traditional FL-100 path. You can always work toward settlement along the way. If you're already aligned, FL-700 may save you time and the cost of process service.
The FL-700 joint petition: what it is and how it works New 2026
Senate Bill 1427 took effect January 1, 2026, creating a formal joint petition pathway for California couples who want to end their marriage cooperatively. Before this law, the only joint-filing option was summary dissolution, which had strict eligibility limits: no children, short marriage, minimal assets. The FL-700 removes those restrictions. Couples with children, real estate, and significant marital assets can now file together.
How the FL-700 joint petition works
Both spouses fill out and sign Form FL-700 together, listing themselves as Petitioner 1 and Petitioner 2. You file the form at the courthouse (in person, by mail, or via e-filing where available) and pay a combined $870 filing fee. Because both spouses sign the form, no process server is needed. The six-month waiting period begins on the date you file. You'll also receive a companion Summons (Form FL-710) that sets standard rules prohibiting either spouse from moving children out of state, selling joint property, or changing insurance beneficiaries while the case is open. Read the official instructions at CA Courts self-help: joint petition.
Important limitation: You cannot request temporary court orders (such as temporary custody or temporary support) through the FL-700 process. If either spouse needs court intervention before the final judgment, one spouse must file Form FL-720 to revoke the joint petition. Revoking converts the case to a traditional divorce but does not restart the six-month clock — your original filing date is preserved.
Financial disclosure requirements are identical under both paths. Both spouses must still exchange a full set of financial disclosure documents within 60 days of filing, regardless of which form started the case. There are no shortcuts there.
The FL-700 joint petition is a good fit for some couples and not for others. A Hello Divorce account coordinator can walk you through the decision in 15 minutes, for free.
Schedule your free 15-minute call →The California divorce process, step by step
Whether you use the traditional FL-100 path or the new FL-700, your case will move through the same four core stages. Here's exactly what each one involves.
Start your case by filing
To file for divorce in California, at least one spouse must have lived in the state for the past six months and in the filing county for the past three months. Once you meet those residency requirements, you're ready to file.
Traditional path (FL-100): One spouse fills out and files the Petition (FL-100), Summons (FL-110), and — if there are children under 18 — the UCCJEA Declaration (FL-105). You pay a $435–$450 filing fee, and the clerk stamps your copies. You then arrange for a process server to deliver copies to your spouse along with a blank Response form (FL-120). After service, the server completes a Proof of Service of Summons (FL-115), which you file with the court. See our full guide on how to serve divorce papers in California.
Joint petition path (FL-700): Both spouses fill out and sign Form FL-700 together (attach FL-105 if you have children under 18). File at the courthouse and pay the $870 combined fee. No process server is needed. The Summons for joint petition cases is Form FL-710, which the court processes automatically.
Need help completing the forms? Our California divorce forms guide covers every document you'll encounter.
Exchange financial disclosures
California requires both spouses to share a complete picture of their finances within 60 days of filing. This step is mandatory regardless of whether you filed jointly or individually, and regardless of how cooperative your situation is. You do not file these documents with the court, but you must be able to prove you exchanged them.
The three forms that make up this step:
- Declaration of Disclosure (FL-140) — the cover sheet
- Income and Expense Declaration (FL-150) — your current income, expenses, and assets
- Schedule of Assets and Debts (FL-142) or Property Declaration (FL-160)
Learn more about what's required in our guide to California financial disclosures.
Make decisions on your terms
This is usually the most time-intensive stage. You and your spouse need to reach agreement (or ask the court to decide) on:
- Division of marital assets and debts
- The family home — sell, one spouse stays, or buyout
- Child custody and a parenting plan
- Child support
- Spousal support, if applicable
If you can work together, you'll document your agreement in a written Marital Settlement Agreement. If you're stuck, mediation is often faster and far less costly than going to trial. See our guide to property and debt division in California for the key rules on how assets are split.
Finalize your divorce
If you have an agreement: Prepare your written settlement agreement and attach the required judgment forms. You'll need:
- Appearance, Stipulations, and Waivers (FL-130)
- Declaration for Default or Uncontested Dissolution (FL-170)
- Judgment (FL-180)
- Stipulation and Waiver of Final Declaration of Disclosure (FL-144), if applicable
Make three copies of everything. Submit the packet to the courthouse clerk. The court reviews your documents, and if everything is in order, a judge signs the Judgment (FL-180) and your divorce is official. For a full walkthrough of this step, see our guide to finalizing your California divorce.
If you don't have an agreement: Your case moves toward a court hearing or trial. At this stage, having an attorney is strongly recommended. The court will ultimately decide the unresolved issues for you.
How long does the California divorce process take?
California has a mandatory six-month waiting period that applies to every divorce. The six months starts from the date your spouse was served (traditional FL-100 path) or from the date you filed (FL-700 joint petition path). No divorce can be finalized before that period ends, even if both parties are ready and in full agreement.
In practice, here's what the timeline looks like:
- Uncontested divorce: Typically six to eight months total. The six-month waiting period is usually the binding constraint. Some counties process paperwork faster than others.
- Contested divorce: Twelve to 36 months or longer, depending on the complexity of the issues and how backlogged your county's family court is.
- FL-700 joint petition: Same six-month minimum as any other California divorce. The advantage is administrative efficiency at the start, not a shorter waiting period.
If you want to move as fast as legally possible, the most important thing you can do is get your financial disclosures exchanged on time and have your settlement agreement ready to submit on day 181 (or as close to it as the court allows). Our California divorce checklist can help you stay on track.
If you're wondering whether a private judge might speed things up for your specific case, our guide on how a private judge can fast-track your divorce is worth reading.
Frequently asked questions
How long does a divorce take in California?
A California divorce takes a minimum of six months from the date your spouse was served (or from the filing date for a joint petition). Uncontested divorces typically close in six to eight months. Contested divorces can take 12 months to several years, depending on the issues and court backlog in your county.
What is Form FL-700 and who can use it?
Form FL-700 is California's new Joint Petition for Marriage or Domestic Partnership, effective January 1, 2026. It allows both spouses to file for divorce together, without a process server, as long as they agree (or expect to agree) on all terms. Unlike the older summary dissolution, FL-700 is available to couples with children, real estate, and substantial assets. If either spouse later needs temporary court orders, they can file Form FL-720 to convert the case to a traditional divorce without losing the original filing date.
Do I need a lawyer to get divorced in California?
No. Most California divorces, over 75%, are completed without full attorney representation on both sides. If your divorce is uncontested and your finances are straightforward, you can complete the process yourself or with online guidance. That said, having access to an attorney for specific questions, without committing to full representation, can be valuable. Hello Divorce offers on-demand legal coaching by the hour for exactly that reason.
What is the difference between a contested and uncontested divorce in California?
An uncontested divorce means both spouses agree on all major issues: asset and debt division, custody, support, and the marital home. A contested divorce means at least one issue remains unresolved and requires a judge to decide. Uncontested divorces are faster, significantly less expensive, and much less emotionally taxing. Our comparison guide covers the full differences between contested and uncontested divorce.
What are financial disclosures and when are they due?
Financial disclosures are a mandatory exchange of documents outlining each spouse's income, expenses, assets, and debts. Both spouses must complete and serve these documents on each other within 60 days of filing, regardless of whether you filed individually or jointly. You do not file them with the court, but you must have proof of exchange. Skipping or delaying this step can result in court sanctions and delays to your case. Our guide to financial disclosures explains what each form requires.
How does California divide property in a divorce?
California is a community property state, meaning assets and debts acquired during the marriage are owned equally by both spouses and divided 50/50 at divorce. Property owned before the marriage, or received as a gift or inheritance, is generally considered separate property and stays with the original owner. Complex situations, like a home purchased before marriage but paid down with marital funds, often require a deeper analysis. See our guide on separate property in California for the full picture.
Can I file for divorce online in California?
Many California counties accept e-filing for family law cases, though not all. Hello Divorce's software walks you through every form, helps you check for errors, and can file on your behalf. Our guide to e-filing divorce paperwork in California covers which counties accept it and how the process works screen by screen.
Ready to start your California divorce?
Our team will help you figure out which path makes sense for your situation and walk you through every step.
Schedule your free 15-minute call →This article is for informational purposes only and does not constitute legal advice. Laws vary by state and may change. For guidance specific to your situation, schedule a free 15-minute call with a Hello Divorce account coordinator.
