State Guide · Updated 2026
Divorce in California: Laws,
Forms & Filing — 2026 Guide
A California divorce requires a 6-month waiting period from the date your spouse is served, a filed FL-100 petition, mandatory financial disclosures, and a signed settlement agreement. California is a no-fault state — you do not need to prove wrongdoing. As of January 2026, couples who agree on everything can now file jointly using the new Joint Petition (Form FL-700), eliminating the need for a process server.
Last updated:
2026 Fast Facts — California Divorce
Waiting Period
6 months minimum
From the date your spouse is served. The earliest possible divorce date is 6 months and 1 day after service.
Learn about timelines →Filing Fee
$435 – $450
Standard court fee to file the petition (FL-100). Fee waivers available via Form FW-001 for qualifying filers.
See full cost breakdown →Fault Required?
No — no-fault state
Under CA Family Code § 2310, citing "irreconcilable differences" is sufficient. No proof of wrongdoing required.
No-fault divorce explained →Residency
6 months in CA, 3 in county
At least one spouse must meet both requirements before filing. County residency applies to the county where you file.
California divorce process →The California Divorce Timeline Explained
A California divorce takes a minimum of 6 months and 1 day from the date your spouse is served — this waiting period is set by state law and cannot be waived. How long it takes beyond that minimum depends almost entirely on whether you and your spouse can reach agreement outside of court.
Official reference: California Courts — Divorce Self-Help Center · CA Family Code § 2339 (waiting period)
Stage 1: Filing & Service
You file your Petition (FL-100) and Summons (FL-110) at your county Superior Court. The 6-month clock starts the moment your spouse is served — not when you file. Starting January 1, 2026, couples who agree on everything can skip this step entirely by filing the new Joint Petition (FL-700) together. How to serve divorce papers in California →
Stage 2: Disclosure & Negotiation
Both spouses exchange financial disclosures (FL-150, FL-142) and negotiate all terms. This is where timelines vary most — kitchen-table agreements can conclude in weeks; contested disputes can drag for months or years.
Stage 3: Judgment & Finalization
You submit your final forms and Marital Settlement Agreement to the court. The judge reviews and signs the Judgment. You receive a Notice of Entry of Judgment — you are now legally divorced.
Typical timelines at a glance
| Uncontested (full agreement) | 6 – 8 months |
| Partially contested (mediation) | 8 – 14 months |
| Fully contested (trial) | 12 – 36+ months |
Common causes of delay: Errors in financial disclosures (the #1 rejection reason), unresponsive spouses, and county court backlogs (some counties take 3–4 months just to process a form). Schedule a free call to talk through your timeline →
How Much Does a Divorce Cost in California?
The mandatory court filing fee in California is $435 to $450. Everything beyond that depends on how much you and your spouse disagree. Couples who reach their own agreements typically spend 80–90% less than those who litigate through an attorney.
Official reference: California Courts — Filing Fee Schedule · Form FW-001: Fee Waiver Request (PDF)
Cost breakdown by divorce type
| Path | Typical total cost | Best for |
|---|---|---|
| DIY / self-represented | $435 – $1,500 | Simple cases, full agreement |
| Online service (Hello Divorce) | $1,500 – $5,000 | Guided support, flat-fee filing |
| Mediation | $2,000 – $8,000 | Disputed issues, no court trial |
| Attorney-led uncontested | $3,000 – $8,000 | Complex assets, need full rep |
| Contested / trial | $15,000 – $50,000+ | Unresolvable disputes |
Can't afford the filing fee? File Form FW-001 to request a fee waiver. The court may waive fees if you receive public benefits (CalFresh, Medi-Cal, SSI) or if your household income is below the poverty guidelines.
Full cost breakdown with Hello Divorce pricing → · Compare Hello Divorce plans →
How to File an Uncontested Divorce in California
An uncontested divorce means you and your spouse agree on all terms — property, support, and custody — without asking a judge to decide. It is the fastest and most affordable path, and the majority of California divorces are completed this way.
Official forms: California Judicial Council Family Law Forms · Hello Divorce — California forms guide →
Confirm eligibility (residency)
You or your spouse must have lived in California for at least 6 months and in your filing county for at least 3 months. If you have children under 18, you must also complete Form FL-105 (UCCJEA).
File the Petition (FL-100) and Summons (FL-110)
File at your county Superior Court and pay the $435–$450 fee. California is a no-fault state — you simply cite "irreconcilable differences." You do not need a reason, evidence, or your spouse's agreement to file. How and where to file →
Serve your spouse
Someone other than you (a friend, process server, or the county sheriff) must formally serve your spouse with the filed documents. File the Proof of Service (FL-115) with the court. The 6-month waiting period begins on the service date. If you're filing jointly using the new Form FL-700, this step is eliminated — joint filing counts as service for both parties. How to serve divorce papers →
Exchange financial disclosures
California law requires full financial transparency. Both spouses must exchange an Income & Expense Declaration (FL-150) and a Schedule of Assets & Debts (FL-142). This is mandatory even if you have no assets — skipping it will cause the court to reject your judgment. See California Courts — Declarations of Disclosure.
Negotiate and sign a Marital Settlement Agreement (MSA)
Your MSA is the written contract that governs your post-divorce life — property division, spousal support, child custody schedules, and child support. Both spouses sign. The MSA becomes your final judgment. What to include in your MSA →
Submit the Judgment packet and receive your final decree
File Form FL-170 (Declaration for Default or Uncontested Dissolution) along with your signed MSA and final judgment forms. The judge reviews and signs the Judgment. You receive a Notice of Entry of Judgment in the mail — you are legally divorced as of the date on that notice.
Start my uncontested divorce → Uncontested divorce guide →
New for 2026: The Two Paths to an Amicable Divorce
If you and your spouse are on the same page, you no longer have to treat the divorce as an adversarial process. California now offers two ways to file together — both avoid the cost and awkwardness of a formal process server, and both set a collaborative tone from day one. The right choice depends on the length of your marriage, whether you have children, and what you own.
Summary Dissolution
A simplified process that skips almost all court involvement. The fastest and least paperwork-intensive way to divorce in California — but only available to couples who meet every one of these strict requirements:
2026 Eligibility Requirements
Benefit
Fastest path. Least paperwork. No court hearings required.
Trade-off
You waive the right to appeal. Terms are final when signed.
Form: FL-800 · Hello Divorce — Summary Dissolution
Joint Petition (Form FL-700)
Effective January 1, 2026 (SB 1427), nearly any couple can now file together using the new Joint Petition. This removes the "Petitioner vs. Respondent" labels entirely — both spouses are "Petitioner 1 and Petitioner 2." Filing jointly legally counts as service on both parties, so no process server is needed.
No Restrictions On
Benefit
No process server needed. Collaborative tone from day one. Works for almost everyone.
Trade-off
Full financial disclosures and a comprehensive written settlement agreement are still required. If you stop agreeing, joint status is revoked and the case converts to standard divorce.
Form: FL-700 · Hello Divorce — uncontested divorce guide →
Not sure which path fits you?
| Your situation | Recommended path |
|---|---|
| Married under 5 years, no kids, no real estate, small assets | Summary Dissolution (FL-800) — fastest option |
| Married any length, fully agree on all terms, want to file together | Joint Petition (FL-700) — new standard for amicable couples |
| Don't fully agree yet, or spouse is uncooperative | Standard divorce (FL-100) — one spouse files, serves the other |
California Marriage & Divorce Laws
California's divorce laws are governed primarily by the California Family Code. Key provisions include no-fault grounds for divorce (§ 2310), the mandatory 6-month waiting period (§ 2339), and community property equal division rules (§ 2550). You do not need to prove fault or wrongdoing of any kind to obtain a divorce.
Official references: California Family Code — Dissolution of Marriage · California Courts — Divorce Self-Help
Finances, Property & Support in a California Divorce
California is a community property state, meaning all assets and debts acquired during the marriage are presumed to be owned equally by both spouses and divided 50/50 at divorce. Spouses who reach their own agreement can deviate from the 50/50 default. Separate property — owned before marriage or received as a gift or inheritance — is not subject to division.
Official reference: CA Family Code § 2550 — Community Property Division · Hello Divorce — Community property guide →
Community property
Assets and debts acquired during the marriage belong equally to both spouses. This includes income, home equity accrued during marriage, retirement contributions, and joint debts.
Learn more →Spousal support
Spousal support (alimony) is not automatic in California. Courts consider the length of the marriage, each spouse's earning capacity, and the supported spouse's needs. Long marriages (10+ years) may result in indefinite support.
Spousal support guide →Child custody
California courts make custody decisions based on the best interest of the child. Parents can agree to any arrangement — joint, sole, or shared — without court involvement. Parenting plans should cover legal and physical custody.
Child custody laws →Child support
California uses a guideline formula to calculate child support, factoring in both parents' incomes and the custody timeshare. Departing from the guideline requires a showing that it is in the child's best interest.
How to file for child support →Frequently Asked Questions About California Divorce
How long does a divorce take in California?
California requires a 6-month waiting period that begins on the date your spouse is served. The earliest your divorce can be finalized is 6 months and 1 day from that date. Uncontested divorces where both spouses agree on all terms can finish near that minimum. Contested divorces that involve a trial typically take 12 to 36 months depending on court backlogs and the complexity of disputes. More on California divorce timelines →
How much does it cost to file for divorce in California?
The mandatory court filing fee is $435 to $450 for the initial petition. If your spouse files a Response, another $435 to $450 applies. Total court fees run approximately $870 to $900. Low-income filers may qualify for a waiver using Form FW-001. Total costs beyond court fees depend on whether you use an attorney, mediator, or an online service like Hello Divorce. Full cost breakdown →
Does California require grounds for divorce?
No. California is a no-fault divorce state under Family Code § 2310. You cite "irreconcilable differences" — meaning the marriage has broken down and cannot be repaired. You do not need your spouse's consent, agreement, or cooperation to file. No-fault divorce in California →
What is Form FL-100?
FL-100 is the Petition for Dissolution of Marriage — the form that officially starts your divorce when one spouse files. You file it with Form FL-110 (Summons) at your county Superior Court. As of January 2026, couples who both agree on all terms can file together using the new Joint Petition (Form FL-700) instead — no summons or process server required. Both forms are available for free at courts.ca.gov. California divorce forms guide →
How is property divided in a California divorce?
California follows community property rules: assets and debts acquired during the marriage are split 50/50 by default under Family Code § 2550. Property owned before marriage or received as a gift or inheritance is separate property and is not divided. Spouses who agree on a different split can do so in their Marital Settlement Agreement. Community property guide →
Can I get a divorce without a lawyer in California?
Yes. Many Californians complete uncontested divorces without an attorney using official Judicial Council forms available for free at courts.ca.gov. Online services like Hello Divorce provide guided form preparation and access to attorneys by the hour when you need legal advice — without requiring a full retainer. How to DIY your California divorce →
What is a summary dissolution in California, and how is it different from the new Joint Petition?
A summary dissolution is a simplified divorce available to couples married less than 5 years with no children, no real property, and limited assets and debts (each under $57,000 excluding cars; community debts under $7,000). Both spouses also permanently waive alimony. Both file jointly using Form FL-800. The 6-month waiting period still applies, but the paperwork is minimal and no court hearing is required. The trade-off: you waive the right to appeal — terms are final when signed.
If you don't qualify for summary dissolution — because your marriage is longer, you have children, or you own real estate — the new Joint Petition (Form FL-700), effective January 1, 2026 under SB 1427, gives almost any couple the ability to file together without a process server. The Joint Petition requires full financial disclosures and a complete settlement agreement, but has no asset, debt, or marriage-length restrictions. See the full comparison above or visit California Courts — Summary Dissolution for eligibility requirements. Summary dissolution guide →
Ready to start your California divorce?
Hello Divorce guides you through every form, every step — with flat-fee pricing and real legal help available when you need it.
