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Divorce in Santa Clara County: courts, costs, and your options in 2026
Santa Clara County divorce cases are handled by the Family Division of the Superior Court at the Family Justice Center in downtown San Jose. Filing fees start at $435. Under SB 1427 (effective January 1, 2026), qualifying couples can file a single Form FL-700 joint petition, eliminating formal service and reducing upfront costs. The six-month waiting period applies to all paths.
Quick answer
Divorce in Santa Clara County is filed at the Family Justice Center Courthouse, 201 N. First Street, San Jose. The petition filing fee is $435. As of January 1, 2026, SB 1427 and Form FL-700 allow eligible couples to file a joint petition, skipping formal service entirely. Custody disputes require Parent Orientation and mediation through Family Court Services before any hearing. The mandatory waiting period is six months from filing.
Where to file: courts and locations
All divorce, legal separation, and annulment cases in Santa Clara County are handled by the Family Division of the Superior Court of California, County of Santa Clara. The primary filing location is the Family Justice Center Courthouse in downtown San Jose, which houses the Family Law Clerk's Office, Family Court Services, and all family law departments.
| Item | Details |
|---|---|
| Courthouse name | Family Justice Center Courthouse (FJCC) |
| Address | 201 N. First Street, San Jose, CA 95113 |
| Family Law Clerk's Office | Room 113, Mon–Fri, 8:00 a.m.–5:00 p.m. (closed noon–1:00 p.m.) |
| Court phone | (408) 534-5600 |
| Petition filing fee | $435 per petitioner |
| Residency requirement | 6 months in California; 3 months in Santa Clara County |
| Mandatory waiting period | 6 months from filing (cannot be waived) |
Santa Clara County accepts both in-person and electronic filings. Self-represented parties may file in person at Room 113 or by mail. Attorneys are generally required to use the court's e-filing system. If you don't yet meet the residency requirement, you can file a legal separation now and amend to a divorce once the three-month county residency has been satisfied.
The 2026 joint petition advantage
California's most significant divorce law change in decades took effect January 1, 2026. Under SB 1427, couples who agree on all terms can file a single joint petition using Form FL-700, with both spouses listed as Petitioner 1 and Petitioner 2. Because both parties sign and file together, the filing itself counts as service on both spouses. There is no need to hire a process server, and the respondent's separate $435 response fee is avoided.
SB 1427: what changes for Santa Clara County filers
Any married couple can use the joint petition process, regardless of how long they've been married, whether they have children, or how much property they own. The only condition is that both spouses agree to resolve all issues cooperatively and neither needs the court to issue temporary orders before judgment.
If circumstances change and one spouse needs court intervention before judgment, either party can file a Notice of Revocation (Form FL-720) to convert the case to a traditional petition-and-response divorce. Financial disclosures are still required under the joint petition process.
Hello Divorce's flat-rate plans are built around this cooperative model. You complete your questionnaire together, we prepare your FL-700 and all supporting documents, and you file at the Family Justice Center. It's the most cost-effective path available to Santa Clara County couples in 2026. See how our plans compare in Hello Divorce's plan options.
Santa Clara County local rules you need to know
Santa Clara County supplements California's statewide family law rules with its own local rules, updated effective January 1, 2026. A few of the most consequential ones for divorcing couples are below.
Family Court Services and mandatory custody mediation
If your divorce involves a custody or visitation dispute, California law requires mediation before any court hearing can take place. In Santa Clara County, this is handled through Family Court Services (FCS), located on the fifth floor of the Family Justice Center. FCS mediation is available at no charge when a custody motion is pending before the court. Each party must first complete a Parent Orientation, available online or by calling FCS at (408) 534-5760. Mediation appointments are conducted remotely via Microsoft Teams. Missing or canceling with less than 48 hours' notice can result in a $100 fee. If FCS mediation does not produce a full agreement, the case proceeds to a Judicial Custody Conference.
Motion reservation requirement
Since January 1, 2024, Santa Clara County requires parties to reserve a court hearing date before filing a motion. Motions filed without a pre-reserved date will be rejected. You can reserve a date online at CourtSchedule or by calling the Law and Motion Department at (408) 882-2430. Once reserved, your papers must be filed within five business days or the date is released.
Electronic service notices
As of July 1, 2025, the court serves official notices by email in all family law matters. Attorneys are automatically enrolled. Self-represented parties can consent to receive electronic notices, which can significantly speed up communication with the court. Whitelist noreply@scscourt.org to make sure those notices reach your inbox.
Property considerations in Silicon Valley
Santa Clara County's real estate market carries some of the highest home values in the country. As of early 2026, the median sale price for a single-family home in the county is approximately $1.5 million, with average sale prices in some areas reaching well over $2 million. When a family home is a community asset, its division often becomes the most complex and financially significant part of a divorce.
California is a community property state, meaning assets and debts acquired during the marriage are generally divided equally. Separate property, such as a home purchased before the marriage or inherited funds, is not subject to division. However, the line between community and separate property can blur in long-term marriages, particularly when both spouses contributed to mortgage payments on a home one of them owned before the wedding.
Watch out: Moore-Marsden calculation
If one spouse owned a home before the marriage and community funds (shared income) were used to pay down the mortgage during the marriage, the community may have earned a pro-rata ownership interest in any appreciation on that property. This is known as the Moore-Marsden doctrine. Given Silicon Valley's historically rapid home appreciation, this calculation can be worth tens of thousands or more. If this applies to your situation, a review of California community property rules and a consultation with a Hello Divorce financial analyst is strongly recommended before you agree to any property settlement.
Tech industry compensation, including stock options, RSUs, and deferred compensation, adds additional complexity. Unvested stock granted during the marriage may be community property, even if it doesn't vest until after separation. If either spouse holds equity compensation, getting clarity on what is community versus separate property before signing a settlement agreement protects both of you from costly mistakes later.
Santa Clara County divorce guides
Use the guides below to go deeper on any specific aspect of your Santa Clara County divorce. Each one is written for California, with this county's courts, fees, and rules in mind.
If you're still early in the process and want a full picture before taking any steps, Hello Divorce's California divorce checklist walks through every decision point from the first conversation to your final judgment.
Ready to move forward in Santa Clara County?
A Hello Divorce account coordinator can help you understand your options, confirm which path fits your situation, and get you started today.
Schedule your free 15-minute callFrequently asked questions
How much does it cost to file for divorce in Santa Clara County?
The filing fee for a divorce petition at the Santa Clara County Superior Court is $435. In a traditional divorce, the respondent pays a separate $435 response fee, bringing the combined filing cost to $870. Under the 2026 joint petition process (SB 1427, Form FL-700), both spouses file together and pay a total of $435 to $870 depending on the court's current fee schedule. Fee waivers are available for qualifying low-income filers using Form FW-001. Additional costs vary by case type and may include process service, mediation, parent education classes, and attorney fees if needed.
Do I have to go to court for my Santa Clara County divorce?
In most uncontested divorces, neither spouse needs to appear in court. Once the six-month waiting period passes and all required documents are filed, the judge can sign the final judgment without a hearing. If you have contested custody issues, you will be required to attend mediation through Family Court Services and, if needed, a Judicial Custody Conference. Contested property or support disputes may require additional hearings. The more you and your spouse agree on before filing, the less likely you are to ever set foot in a courtroom.
What is Family Court Services, and is it required in Santa Clara County?
Family Court Services (FCS) is the Santa Clara County Superior Court's mediation program for custody and visitation disputes. If you file a Request for Order involving custody or visitation, the court will order both parties to complete Parent Orientation and attend mediation through FCS before the hearing takes place. FCS mediation is confidential and free when a pending court motion exists. Appointments are conducted remotely via Microsoft Teams. FCS is located on the fifth floor of the Family Justice Center, 201 N. First Street, San Jose. You can reach them at (408) 534-5760.
Can I use the new joint petition process if we own a house in Santa Clara County?
Yes. SB 1427's joint petition process (Form FL-700) has no restrictions on assets, property ownership, marriage length, or the presence of children. Any couple that can agree on all terms of their divorce, including how to handle their home, is eligible. What makes Santa Clara County homes particularly important to address clearly in a settlement is the county's high median home value. Before finalizing any property agreement, make sure you and your spouse understand California's community property rules and, if one spouse owned the home before the marriage, whether a Moore-Marsden calculation applies to the equity.
Santa Clara County court resources
The following official resources are provided by the Superior Court of California, County of Santa Clara, and the California Courts system.
- Santa Clara County Superior Court: Divorce/Dissolution Self-Help
- Family Court Services (FCS): custody mediation and Parent Orientation
- Santa Clara County local court fee schedule (2026)
- Santa Clara County Local Rules of Court (effective January 1, 2026)
- California Courts Self-Help: Joint Petition for Dissolution (SB 1427)
- 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 Santa Clara. "Divorce/Dissolution" — Official self-help guidance on filing requirements, local rules, and mediation for Santa Clara County divorce cases. santaclara.courts.ca.gov, 2026. Accessed March 2026.
- 2. California Courts Self-Help Center. "Joint petition for divorce or legal separation" — Step-by-step official instructions for filing under SB 1427 using Form FL-700, including fee and disclosure requirements. courts.ca.gov, January 2026. Accessed March 2026.
- 3. Superior Court of California, County of Santa Clara. "Family Court Services (FCS)" — Details on mandatory custody mediation, Parent Orientation, and FCS procedures for Santa Clara County. santaclara.courts.ca.gov, 2026. Accessed March 2026.
- 4. Hello Divorce. "Community property in California" — Guide to California's community property rules, including how separate property, commingling, and the Moore-Marsden doctrine affect property division. hellodivorce.com. Accessed March 2026.