Divorce in California: The Complete 2026 Guide

Last updated: March 2026

How to File for Divorce in California

California is a no-fault divorce state — you cite "irreconcilable differences" and do not need to prove any wrongdoing. As of January 2026, there are two ways to start your case: the traditional FL-100 petition (one spouse files, the other is served) or the new FL-700 Joint Petition (both spouses file together, no process server needed). Either path requires a mandatory 6-month waiting period. Uncontested cases typically close in 6–8 months; contested divorces can take 12–36 months or longer.

1. 1

   Confirm Residency Requirements

   At least one spouse must have lived in California for 6 months and in the filing county for at least 3 months. If you recently moved to a new county, you can file in the county where your spouse lives if they meet the 3-month county requirement. If neither spouse yet qualifies by county, wait until one does — or file in the county where either of you most recently lived for 3+ months.

2. 2

   Choose Your Filing Path and Complete Your Forms

   If filing alone: complete FL-100 (Petition) and FL-110 (Summons). If you have children under 18, also complete FL-105 (UCCJEA). If filing jointly with your spouse: use the new Form FL-700 (Joint Petition) — available as of January 1, 2026. FL-700 replaces the need for a summons and service of process entirely. All forms are free at courts.ca.gov.

3. 3

   File with the Superior Court and Pay the Filing Fee

   File at your county's Superior Court in person, by mail, or via e-filing if your county permits it. Pay the $435–$450 filing fee (FL-100) or the $870 combined fee (FL-700 Joint Petition). If you cannot afford the fee, file Form FW-001 to request a waiver. Low-income filers who receive public benefits (Medi-Cal, CalFresh, SSI) or meet income thresholds typically qualify. Some counties (Riverside, San Bernardino, San Francisco) charge slightly higher fees due to local surcharges.

4. 4

   Serve Your Spouse (FL-100 Path Only)

   For a standard FL-100 petition: someone who is at least 18 and not a party to the case must formally serve your spouse with the filed Petition, Summons, and Blank Response. File the Proof of Service (FL-115) with the court. The 6-month waiting period begins on the date of service — not the filing date. For a Joint Petition (FL-700), this step is eliminated — the filing itself counts as service on both parties, and the 6-month clock starts from the filing date.

5. 5

   Exchange Mandatory Financial Disclosures

   California law requires both spouses to complete a full set of financial disclosure forms: Declaration of Disclosure (FL-140), Income and Expense Declaration (FL-150), and Schedule of Assets and Debts (FL-142). These must be served on your spouse — not filed with the court (except the proof of service). The Preliminary Declaration of Disclosure is due within 60 days of filing the petition. Skipping or incorrectly completing these forms is the #1 reason courts reject final judgments.

6. 6

   Negotiate and Sign a Marital Settlement Agreement (MSA)

   Your MSA is the written contract governing all post-divorce terms: community property division, spousal support, child custody and visitation schedules, and child support. Both spouses sign. The MSA becomes your final judgment and is incorporated into the Decree. Use our settlement agreement checklist to ensure nothing is omitted.

7. 7

   Submit the Judgment Packet and Receive Your Final Decree

   After the 6-month waiting period has elapsed, submit your final judgment forms — FL-170 (Declaration for Default or Uncontested Dissolution), FL-180 (Judgment), and your signed MSA. The judge reviews the package and signs the Judgment. You receive a Notice of Entry of Judgment in the mail. Your divorce is final as of the date stamped on that notice. For uncontested cases, no court hearing is required.

California Divorce Laws: Grounds, Residency, and the 2026 Joint Petition

California has been a no-fault divorce state since 1969 — the first state in the nation to adopt no-fault grounds. Under Family Code § 2310, citing "irreconcilable differences" is sufficient. You do not need your spouse's consent to file or to obtain a divorce. The only grounds available in California are irreconcilable differences and incurable insanity (rare in practice). As of January 1, 2026, Senate Bill 1427 introduced the Joint Petition (FL-700), a landmark reform allowing any couple who agrees on all terms to file together without a process server.

For the complete Family Code, see California Family Code Division 6 — Dissolution. For court self-help resources, visit courts.ca.gov/selfhelp-divorce.

Property Division in California: Community Property

California divides marital property under the community property standard: all assets and debts acquired during the marriage are presumed equally owned by both spouses and divided 50/50 at divorce under Family Code § 2550. Unlike equitable distribution states, California courts do not weigh factors like contribution or need — the default is an equal split. Fault does not affect property division in California. Spouses who reach their own agreement can divide property differently in a written Marital Settlement Agreement (MSA).

Key California community property rules under Family Code §§ 760–761:

Spouses can resolve all property matters through a written MSA at any time. Use our settlement agreement checklist and property division spreadsheet to inventory your community estate. For high-asset cases or businesses, a Certified Divorce Financial Analyst can help you model division scenarios and understand the tax implications.

Spousal Support in California

Spousal support — called "alimony" in most states — is not automatic in California. Courts have broad discretion to order temporary support while the case is pending (pendente lite) and permanent support after the divorce decree is entered. There is no fixed formula for permanent support; courts weigh 14 statutory factors under Family Code § 4320. Fault and marital misconduct do not bar a spouse from receiving support in California, though they may be considered as one factor. The well-known "10-year rule" affects support duration for long marriages.

Factors CA courts consider for permanent support under Family Code § 4320:

For a general estimate of support amounts, see our alimony calculator guide and our full resource on spousal support in California. For cases with significant income disparity or complex support claims, a Certified Divorce Financial Analyst can help you model scenarios before negotiating your MSA.

Child Custody and Support in California

California courts determine child custody based on the best interests of the child under Family Code § 3011. Neither parent has a presumptive right to custody based on gender. Parents who agree on a parenting plan can adopt virtually any arrangement — the court approves agreements that serve the child's interests. Child support is calculated using California's statewide guideline formula, which is based on both parents' net disposable income and the percentage of time each parent spends with the child.

Key factors CA courts weigh under Family Code § 3011 and § 3020:

For a full guide to child support calculations, visit How to File for Child Support in California. For parenting plan guidance, see our joint custody guide. For custody disputes, Hello Divorce mediation services can help you reach a parenting plan without litigation.

How Much Does a Divorce Cost in California?

A California divorce can cost as little as $435–$500 in court fees for a straightforward uncontested case — or $15,000–$50,000+ per spouse in a fully contested divorce involving attorneys and trial. The single biggest cost driver is disagreement: every issue that must be decided by a judge rather than negotiated by the spouses adds attorney hours, court time, and delay. The 6-month mandatory waiting period means even the fastest California divorce takes at least 6 months from service (or filing date for the FL-700 joint petition).

Additional California-specific costs to budget for:

For a full cost breakdown including county-by-county variation, see our page: Cost of Divorce in California. If cost is a concern, read our guide on how to get divorced with little or no money.

Uncontested vs. Contested Divorce — and California's Three Filing Paths

California now offers three distinct paths depending on how much you and your spouse agree. Summary Dissolution is the most streamlined but has strict eligibility limits. The Joint Petition (FL-700, new in 2026) is available to almost any couple who agrees on all terms. Standard divorce (FL-100) is the default when spouses cannot fully agree from the start or when temporary court orders are needed during the case.

Not sure which path applies? Read our full comparison: Contested vs. Uncontested Divorce — What's the Difference? and our dedicated guide to uncontested divorce in California.

If you and your spouse are close to agreement but stuck on specific issues, Hello Divorce mediation services can help bridge the gap at a fraction of litigation costs. Mediation is especially effective for property division, spousal support, and parenting plan disputes.

Legal Separation vs. Divorce in California

California recognizes legal separation as a formal court status. A legal separation follows nearly the same process as divorce — the same forms, disclosures, and court judgment — but at the end, you remain legally married. The same 6-month waiting period that applies to divorce does not apply to legal separation. As of January 1, 2026, couples can also pursue legal separation using the new Joint Petition (FL-700) process.

To understand your options before filing, read our guide: Legal Separation vs. Divorce in California. For settlement agreement guidance, see our settlement agreement checklist.

California Divorce Forms and Paperwork

California uses standardized statewide forms issued by the Judicial Council — available for free at courts.ca.gov. Some counties have additional local cover sheets or filing checklists, but the core forms are consistent statewide. Below are the primary forms for both the standard FL-100 path and the new FL-700 Joint Petition path.

All official California divorce forms are free at the Judicial Council Forms library and your county's Superior Court self-help center. Hello Divorce guides you through completing every required form accurately — see our divorce forms assistance or view all plans.

Changing Your Name After Divorce in California

In California, you can request a name restoration in your Petition (FL-100) or Joint Petition (FL-700) at the time of filing — at no additional cost. The judge will include the name change in your final Judgment (FL-180). This allows you to restore a former surname or a pre-marriage name. Once you have your certified Judgment, follow this sequence to update all records.

1. 1 Social Security Administration — Update your SSA record first using your certified Judgment and photo ID. Visit your local SSA office, submit Form SS-5 by mail, or complete the process online at ssa.gov. You need an updated SSA card before the DMV will update your driver's license.
2. 2 California DMV (Driver's License) — Visit a DMV office with your updated SSA card, certified Judgment, and proof of California residency. If you need a Real ID-compliant license, bring additional documentation per DMV requirements. Alternatively, complete the initial change at a DMV field office and renew online thereafter.
3. 3 U.S. Passport — Submit the appropriate DS form with your certified Judgment. Use DS-5504 if your passport was issued less than 1 year ago (no fee); DS-82 if issued more than 1 year ago (fee required); or DS-11 for a first-time application or if your passport was issued more than 15 years ago.
4. 4 Financial accounts, employer HR, and insurance — Contact each institution individually with a certified copy of your Judgment. Order at least 3–5 certified copies from the Superior Court clerk when you receive your Judgment — fees are $25–$40 per copy depending on county.

For a complete post-divorce name change checklist, see our guide: How to Change Your Name After Divorce. For CA-specific name change questions after a divorce, visit our knowledge base.

Frequently Asked Questions: Divorce in California