The key points
- Usually, one spouse needs 6 months in California and 3 months in the filing county.
- A standard case begins with FL-100 and FL-110.
- Service and financial disclosures are separate steps.
- Final forms must be submitted for a judge to review.
1. Check residency and choose the county
For most married couples, either spouse must have lived in California for the past 6 months and in the county where the case is filed for the past 3 months. The court is the Superior Court for that county.
There are exceptions for California-registered domestic partnerships and certain same-sex couples married in California who cannot divorce where they live. Do not apply the general rule to those situations without reading the court instructions. The California requirements guide explains the starting rules.
Find the correct filing location within your county. A county may have several courthouses, and the nearest building may not accept your family law filing. Check local forms and filing instructions before making copies or paying a provider.
2. Prepare the opening documents
The usual starting forms are Petition, Marriage/Domestic Partnership (FL-100), and Summons (FL-110). The petition identifies the marriage and the matters you want addressed. The summons provides notice and contains orders you need to read.
If you have children under 18 together, the opening set also includes Declaration Under UCCJEA (FL-105). Local court forms may be required. Our forms guide organizes the papers by stage rather than treating the opening pair as a complete divorce packet.
If you want to start together, read the joint petition instructions before using FL-100. The joint process uses FL-700 and FL-710. Summary dissolution is a separate route for couples who meet all its conditions.
3. File the papers and address the fee
Submit the required papers to the court clerk using an accepted method. Depending on the court, this may be in person, by mail, or through electronic filing. Keep filed copies and the assigned case number for later documents.
The standard petition filing fee is generally $435 to $450. Confirm the exact amount with the court. If you cannot afford it, review the fee waiver process using FW-001 and FW-003. A waiver is a court decision, not something a document service can guarantee.
The joint route has different fee information. Check the current court instructions rather than assuming filing together costs the same as one standard petition. The cost breakdown separates those charges from optional paid help.
4. Complete service on the standard route
After a standard filing, your spouse must receive the papers through the required service procedure. Preparing a packet or telling your spouse about the case does not by itself complete service.
The California catalog includes Proof of Service of Summons (FL-115) and Notice and Acknowledgment of Receipt (FL-117). Which documents apply depends on the service method. Follow the court’s instructions for the method you use and file the required proof.
The respondent generally has 30 days after service to file a Response. A blank Response (FL-120) accompanies the opening service papers. If you are the person receiving the papers, read the petition and response guide promptly. The joint petition route does not require initial service.
5. Share financial information and resolve the issues
California requires preliminary financial disclosures even when the spouses agree. The set includes FL-140, FL-150, and FL-142 or FL-160. FL-141 tells the court that disclosure documents were served.
An agreement needs to address property, debts, and support. With children, it also needs custody, parenting time, and child support provisions. Reaching agreement does not remove the disclosure step. Final financial disclosures may be waived through FL-144 when the requirements are met.
If agreement is not possible, the court process changes. A preparation service cannot choose a fair settlement for you or decide contested issues. Consider legal advice before signing an agreement with lasting financial or parenting effects.
6. Submit final papers and check the judgment
Ending the case requires a separate judgment package. An agreed case can use a declaration and written agreement for review on the papers. The set can include FL-170, Judgment (FL-180), and Notice of Entry of Judgment (FL-190), plus required attachments.
The court may return incomplete or inconsistent paperwork for correction. Follow local instructions and the checklist for your case type. Do not assume the clerk will finish a case simply because enough time has passed.
The statutory minimum for a standard divorce is 6 months from service or the respondent’s appearance, whichever is earlier. The judgment states the date marital status ends. Read the timeline guide to distinguish that date from filing and document preparation.
Common questions
Where do I file in California?
Usually you file in the Superior Court for the county where the residency requirement is met. Check that court’s current filing locations and local forms. A county can have multiple courthouses with different responsibilities.
Can my spouse start a divorce without my agreement?
Yes. California is a no-fault state and does not require both spouses to agree to end the marriage. Agreement about property, support, and children affects the way the case proceeds, but it is different from consent to the divorce itself.
Can we file the first papers together?
California has a joint petition route using FL-700 and FL-710. Both spouses start as Petitioner 1 and Petitioner 2. It has separate instructions, no initial service of process, and still requires disclosures, a full agreement to finish that way, and final court papers.
Does filing mean the waiting period has started?
Not necessarily. In a standard case the period is tied to service or the respondent’s appearance, whichever comes first. A joint petition follows a filing-based rule. Keep track of the actual event for the route used in your case.
What if my court returns the papers?
Read the court’s rejection or correction notice first; it should identify what needs attention. Compare a returned final package with Judgment Checklist (FL-182), check local court forms and signatures, and correct the listed items before resubmitting. The court’s self-help center may explain the procedure if you are unsure what to file. Keep copies of the returned papers and do not treat a returned proposed Judgment as an entered order.
Official California references
Requirements and forms can change. Check the current instructions and your local court’s requirements. This page is not an attorney-reviewed legal opinion.