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How to file for divorce in San Diego County (2026)
Filing for divorce in San Diego County requires meeting California's residency requirements, completing the correct Judicial Council forms, and paying a $435–$870 filing fee at the appropriate Superior Court location. As of January 1, 2026, SB 1427 lets cooperative couples file a single Form FL-700 Joint Petition, eliminating the need to formally serve your spouse and cutting the adversarial start to the process entirely.
Quick answer
To file for divorce in San Diego County, you need 6 months of California residency and 3 months in the county, then file at the correct Superior Court branch using Form FL-100 (traditional) or the new Form FL-700 Joint Petition under SB 1427 (effective January 1, 2026). The filing fee is $435 per person for a traditional petition or $870 total for a joint petition. San Diego's local requirement adds Form SDSC D-49 (Certificate of Assignment) to every filing. The mandatory 6-month waiting period begins on the filing date.
Step 1: Confirm residency requirements
Before you can file anything, California law requires at least one spouse to have lived in California for 6 months and in San Diego County for 3 months immediately before filing the petition. Both conditions must be met — California residency alone is not enough to file in San Diego.
If you've recently moved to California or moved between counties, you may need to wait until you've met the time threshold, or consider filing in the county where you previously lived if you still meet the 3-month requirement there. The San Diego Law Library's divorce filing guide has a zip code directory to help you confirm the correct courthouse for your address.
Step 2: Choose your path — traditional or joint petition
As of January 1, 2026, you have two paths to start a California divorce. The right one depends on how cooperative your situation is.
The 2026 Joint Petition under SB 1427 (Form FL-700)
SB 1427 allows couples who agree on all issues — or who are committed to resolving everything through agreement — to file a single Joint Petition together using Form FL-700. Both spouses sign and file simultaneously. Because both parties appear at filing, there is no formal service requirement and no separate response deadline.
Unlike summary dissolution (which requires a short marriage, no children, and minimal assets), the joint petition has no eligibility restrictions. Long marriages, couples with children, and cases with significant assets can all use this process. The total filing fee for a joint petition is $870, shared between both parties. Financial disclosures are still required under the joint petition — that obligation does not change.
Traditional petition (Form FL-100)
If you can't agree on all issues upfront, or if the situation involves domestic violence, hidden assets, or an uncooperative spouse, the traditional route is appropriate. One spouse files a Petition (Form FL-100) and Summons (Form FL-110), and the other must be formally served within 60 days. The filing fee is $435 for the petitioner. If the respondent files a formal response, they also pay $435.
| Factor | Traditional (FL-100) | Joint Petition (FL-700) |
|---|---|---|
| Filing fee | $435 (petitioner only) | $870 (shared) |
| Formal service required? | Yes — within 60 days of filing | No — filing counts as service for both |
| Temporary orders available? | Yes | No — orders are made at final judgment |
| Eligibility restrictions? | None | Both parties must agree to file jointly |
| Best for | Contested issues, safety concerns, uncooperative spouse | Amicable couples committed to full agreement |
Step 3: Complete your forms and financial disclosures
San Diego County requires the standard California Judicial Council forms plus one local form unique to this county. Gather and complete all of the following before going to the courthouse.
San Diego's required local form: SDSC D-49
Every San Diego divorce filing must include the Family Law Certificate of Assignment (SDSC Form D-49). This form tells the court which courthouse has jurisdiction based on where you or your spouse live. San Diego has four family law filing locations, and filing at the wrong one can delay your case. You can download Form D-49 from the San Diego Superior Court forms page.
Complete document checklist
Forms you'll need — traditional petition
FL-100 Petition for Dissolution, FL-110 Summons, SDSC D-49 Certificate of Assignment, FL-105 UCCJEA Declaration (if you have minor children), FL-140 Declaration of Disclosure, FL-142 Schedule of Assets and Debts, FL-150 Income and Expense Declaration. For a joint petition, replace FL-100 and FL-110 with FL-700 Joint Petition and FL-710 Summons for Joint Petition.
Financial disclosures are mandatory in every California divorce, including joint petitions. You must serve a Preliminary Declaration of Disclosure (FL-140 series) on your spouse within 60 days of filing. This step cannot be waived. For a deeper look at what's required, Hello Divorce's guide to California mandatory financial disclosures walks through each form in plain English.
Step 4: File at the right San Diego courthouse
San Diego County has four Superior Court family law locations. Which one you file at depends on your residential zip code — Form SDSC D-49 determines this. Bring originals plus two copies of all documents. You can also e-file if your case qualifies. The court accepts cash, check, Visa, Mastercard, and American Express.
| Courthouse | Address | Phone |
|---|---|---|
| Central (Downtown) | 1100 Union Street, San Diego, CA 92101 | (619) 844-2777 |
| East County | 250 East Main Street, El Cajon, CA 92020 | (619) 456-4100 |
| North County | 325 South Melrose Drive, Vista, CA 92081 | (760) 201-8600 |
| South County | 500 Third Avenue, Chula Vista, CA 91910 | (619) 746-6200 |
All locations are open Monday through Friday, 8:30 a.m. to 4:00 p.m. After filing, the clerk stamps and returns your copies and assigns a case number. If you're filing a joint petition under SB 1427, the case starts immediately and the 6-month clock begins on the filing date.
Step 5: Serve your spouse (or skip with the joint petition)
If you filed a traditional petition, your spouse must be personally served with copies of all filed documents within 60 days of filing. You cannot serve the papers yourself — service must be completed by someone 18 or older who is not a party to the case. After service, the server completes a Proof of Service of Summons (Form FL-115), which must be filed with the court. The mandatory 6-month waiting period does not begin until service is complete.
If you filed a joint petition under SB 1427, this step does not apply. Filing together counts as service for both parties, and the 6-month clock starts on the day you file. This is one of the most practical advantages of the new law — no process server fees, no 60-day deadline, no adversarial dynamic before the case even begins.
Step 6: Navigate the mandatory 6-month waiting period
California law requires a 6-month waiting period before a divorce can be finalized. This period cannot be waived by either party or the court. You are not divorced until a judge signs and enters the final judgment — a stamped case number and filed petition do not make you legally single.
Use this time well. Exchange financial disclosures, negotiate your marital settlement agreement, and — if you have minor children and a custody dispute arises — attend Family Court Services (FCS) before your court date. San Diego County requires parents who cannot agree on custody or visitation to participate in child custody recommending counseling through FCS before a judge will hear the dispute. FCS offices are located at each of the four courthouses.
One key feature of San Diego's FCS process: if parents don't reach an agreement during the session, the FCS counselor writes a recommendation directly to the judge. Those sessions are not confidential. This is different from many other California counties, and it's worth understanding before you walk into that room. Hello Divorce's child custody mediation checklist can help you prepare.
Step 7: Finalize your judgment
After the 6-month period ends and all issues are resolved, you file the final set of documents to obtain your judgment. For an uncontested divorce, this typically includes a completed Judgment (Form FL-180), a Marital Settlement Agreement if applicable, and any property-related orders. The court reviews the package, and a judge signs off. Once the judgment is stamped and entered by the court, you are legally divorced.
If your divorce involves dividing a retirement account, a Qualified Domestic Relations Order (QDRO) is a separate step that must be completed after the divorce judgment is entered. This requires its own court order and must be processed by the plan administrator before any funds transfer. For context on how property and retirement accounts are handled in California divorces, see Hello Divorce's guide to property and debt division in California.
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Schedule your free 15-minute callFrequently asked questions
How long does it take to get divorced in San Diego?
The minimum time to finalize a divorce in San Diego County is 6 months and one day from the date of filing (joint petition) or service (traditional petition). California's mandatory waiting period cannot be shortened by a judge or agreement of the parties. Most uncontested divorces take 6 to 12 months total, depending on how quickly both parties complete financial disclosures and reach a settlement agreement. Contested divorces with custody or property disputes can take 18 months or longer.
What is the filing fee for divorce in San Diego County?
The San Diego Superior Court filing fee for a traditional divorce petition is $435 per filing party. If you and your spouse both file separately (petitioner and respondent), the combined cost is $870. Under the 2026 Joint Petition process (SB 1427), both spouses file together and pay a single combined fee of $870. If you cannot afford the filing fee, you may apply for a fee waiver (Form FW-001) at the time of filing based on income or receipt of public assistance.
Do I have to appear in court for a divorce in San Diego?
In most uncontested divorces in San Diego County, no court hearing is required. If both parties agree on all issues, the judgment can be submitted as a paperwork package and approved by a judge without either spouse appearing in court. A court appearance is generally required only if there are unresolved disputes that need a judge's ruling, or if issues arise during the case. Couples using the 2026 joint petition process who maintain agreement throughout typically complete the divorce entirely on paper.
What is San Diego's Family Court Services mediation, and is it required?
Family Court Services (FCS) mediation in San Diego is mandatory whenever there is a disputed custody or visitation issue before a court hearing. A licensed family court counselor meets with both parents to try to reach an agreement. If no agreement is reached, the FCS counselor writes a recommendation directly to the judge — and that session is not confidential in San Diego, which is different from how custody mediation works in most other California counties. Parents who reach a custody agreement before the FCS session can file it with the court and may avoid the mediation requirement altogether.
What is the difference between the joint petition and summary dissolution in California?
Summary dissolution is a simplified divorce process available only to couples who have been married 5 years or less, have no children, own no real property, and have limited assets and debts. The 2026 joint petition under SB 1427 has none of those restrictions. Any California couple — regardless of marriage length, children, or assets — can file a joint petition as long as both spouses agree to file together. The joint petition is the cooperative process for couples who don't qualify for summary dissolution but want a less adversarial start to the divorce.
San Diego County court resources
The following official resources will help you verify current fees, download forms, and find self-help assistance at any San Diego Superior Court location.
- San Diego Superior Court — Filing for Divorce (opening a case)
- San Diego Superior Court — Current Fee Schedule
- San Diego Superior Court — Family Law Forms (includes SDSC D-49)
- San Diego Superior Court — Family Court Services (FCS) custody mediation
- San Diego Law Library — Divorce 101 filing guide with zip code directory
- California Courts Self-Help: Divorce (statewide)
References & further reading
Sources cited in this article and recommended for further reading.
- 1. Superior Court of California, County of San Diego. "Filing for Divorce, Legal Separation or Annulment" — Official court instructions for opening a dissolution case in San Diego County, including local form requirements and filing fee information. San Diego Superior Court, updated 2025. Accessed March 2026.
- 2. Judicial Council of California. "Joint petition for divorce or legal separation" — Official California Courts self-help guide explaining the SB 1427 joint petition process, Form FL-700, and the $870 filing fee structure. courts.ca.gov, January 2026. Accessed March 2026.
- 3. Superior Court of California, County of San Diego. "Family Court Services" — Official description of San Diego's mandatory child custody recommending counseling process, including courthouse locations and procedures for disputed custody cases. San Diego Superior Court, 2025. Accessed March 2026.
- 4. Hello Divorce. "California Mandatory Financial Disclosures" — Plain-language guide to the FL-140 disclosure series required in every California divorce. hellodivorce.com. Accessed March 2026.