Watch: Everything you need to know about divorce in California

The California Divorce Timeline Explained

1. The Mandatory Waiting Period (6 Months) California law requires a "cooling-off" period. Your divorce date cannot be sooner than six months and one day from the date your spouse is served (or responds).

2. The 3 Main Stages:

Filing & Serving: The clock starts when you serve your spouse.
The Agreement Phase: You negotiate assets, debts, and custody. Tip: This is where timelines vary most.
Finalizing: Submitting the final Judgment packet to the court.

3. How Long Will Your Divorce Take?

Uncontested (Fastest): If you agree on all terms, you can be done exactly at the 6-month mark.
Contested (Slowest): If you require a judge to decide issues, expect 12+ months and mandatory court hearings.

4. Common Delays to Avoid

Errors in financial disclosures (The #1 cause of rejection).
Waiting too long to negotiate agreements.
Court backlogs (some counties take 3-4 months just to process a form).

How Much Does it Cost to File for Divorce in California?

1. The Mandatory Court Fees (The Basics) Every divorce starts here. These fees go directly to the Superior Court, not to lawyers.

$435 – $450 to file your initial Petition (FL-100).
$435 – $450 additional if your spouse files a Response (FL-120).

Total Potential Court Cost: ~$870 – $900 (if both parties participate).

2. The "Hidden" Variable Costs These costs depend entirely on how you choose to divorce. Uncontested,  Contested, Collaborative, Summary Dissolution, etc.

3. If You Can't Afford the Filing Fee You can request a Fee Waiver by filing form FW-001. The court may waive the $435 fee if you:

Receive public benefits (CalFresh, Medi-Cal, etc.).
Have a household income below the poverty line.
Can demonstrate extreme financial hardship.

The Bottom Line: The filing fee is fixed, but the rest is up to you. The "Big Variable" isn't the court—it's conflict. Couples who reach agreements outside of court (Kitchen Table or Mediation) typically spend 90% less than those who hire lawyers to fight it out.

4. Beyond Filing Fees (The "Hidden" Costs) While court fees are fixed, the following costs vary based on who you hire and how much you agree (or disagree) on.

Legal Advice: $150 - $500+ per hour (Hello Divorce Offers)
Attorney Representation: $150 – $500+ per hour.
Uncontested: Typically $3,000 – $5,000 retainer. (Hello Divorce Offers)
Contested: Typically $10,000 – $20,000+ per person.
Mediation: $200 – $1,000 per hour (or $2,000 – $6,000 for flat-fee packages). (Hello Divorce Offers)
Document Preparation: $150 – $1,500. (Hello Divorce Offers)

Note: Hello Divorce offers court-approved software and form filing at competitive flat rates.

5. Expert Evaluations (If Needed):

Certified Divorce Financial Analysts: $250 - $450/hour (Hello Divorce Offers)
Divorce Coaches: $150 - $350/hour (Hello Divorce Offers)
Divorce Real Estate Specialists: $300 - $400/hour (Hello Divorce Offers)
Child Custody Evaluators: $1,000 – $10,000.
Forensic Accountants: $300 – $600/hour.
Property Appraisals: $500 – $1,200 (Hello Divorce Offers)
Quitclaim Deed: $50 - $500+ (Hello Divorce Offers)

How to File an Uncontested Divorce in California

In an uncontested divorce, you and your spouse agree on all major issues like spousal support, custody, and property division without asking a judge to make decisions for you.

Because you are doing the heavy lifting upfront, this path allows you to avoid expensive trials and finalize your case by mail. Here is the process:

Step 1: Confirm Eligibility (Residency)
Before you can file, you must meet California's strict residency requirements:

You or your spouse must have lived in California for at least six months.
You must have lived in the county where you plan to file for at least three months.

Step 2: File the Petition (FL-100)
You start the legal process by filing a Petition (FL-100) and Summons (FL-110) with your county Superior Court.

Note: California is a "No-Fault" state. You simply cite "irreconcilable differences" as the reason for ending the marriage. You do not need to prove wrongdoing or infidelity.

Step 3: Financial Disclosures (Mandatory)
California law requires "full transparency" to prevent spouses from hiding money. Both of you must exchange a Declaration of Disclosure, which includes:

Income & Expense Declaration (FL-150)
Schedule of Assets & Debts (FL-142)

Tip: You must complete this step even if you have no assets, or the court will not approve your divorce.

Step 4: The Marital Settlement Agreement (MSA)
Once you have negotiated your terms, you will document them in a written contract called a Marital Settlement Agreement. This document serves as the "rulebook" for your post-divorce life, covering everything from who keeps the house to holiday custody schedules.

Step 5: File the Judgment Packet
To finish the case, you submit your signed agreement and final forms to the court for a judge's signature.

Key Form: Declaration for Default or Uncontested Dissolution (FL-170).

This tells the court that your case is uncontested and asks them to sign off without a hearing.

Step 6: The 6-Month Waiting Period
Once your paperwork is submitted, the mandatory 6-month cooling-off period (starting from the date your spouse was served) must finish elapsing. You are not legally single until this date passes and you receive your "Notice of Entry of Judgment" in the mail.

Top Resources for Divorce in California

California Marriage & Divorce Laws

You're not required to find fault with your partner to get a California divorce; simply cite irreconcilable differences as your grounds for ending your marriage. There are several laws and state rules to be aware of, though. See our resources below for key information.

Resources for Marriage and Divorce Laws in California

• Grounds for divorce
• Prenuptial agreements
• Community property
• California divorce decree
• No-fault divorce
• Uncontested divorce
• Contested divorce
• Annulment vs. divorce

Finances, Property and Support

One of the most stressful parts of divorce is deciding who gets what and determining who must pay off marital debt. Spouses must reach agreements on things like splitting assets and debts, either on their own or with outside help from a mediator, financial advisor or attorney.

California is a community property state, meaning that assets you acquire during your marriage should be split 50/50, although spouses who can decide out of court are able to split things as they see fit. See our top resources to help you figure out your divorce finances below.

Other Important Topics about Divorce in California 

Just as every couple is different, so is every divorce. Some couples can use checklists and other free resources to DIY their divorce through the California court system, while others need more help. 

Others, including couples with at least one spouse in the military or couples with complicated scenarios (substantial assets, debts, custody concerns, an uncooperative spouse), must follow additional rules.

Some couples that have a simple divorce (minimal assets, no children, etc.) can use a summary dissolution to end their marriages more quickly and easily than a standard divorce. 

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