A Step By Step Guide To Filing For Divorce In California What You Need To Know 2

Filing for divorce in California doesn’t have to be overwhelming if you understand the process from start to finish. While emotions may run high, having a clear roadmap can reduce stress and help you make informed decisions. This guide walks you through each legal requirement, form, and timeline involved in dissolving a marriage under California law. Whether you're considering an uncontested or contested divorce, knowing what comes next is essential.

Residency Requirements and Legal Grounds

Before initiating a divorce in California, at least one spouse must meet specific residency requirements. You or your spouse must have lived in California for at least six months and in the county where you’re filing for at least three months prior to submitting your petition.

California is a no-fault divorce state, meaning neither party needs to prove wrongdoing such as adultery or abuse. The only legally acceptable reason for divorce is “irreconcilable differences,” which indicates that the relationship has broken down beyond repair. This simplifies the process and reduces conflict, especially when children are involved.

Tip: If you’ve recently moved, confirm your eligibility with the county clerk’s office before proceeding.

Step-by-Step Guide to Filing for Divorce

1. Determine Your Filing Status: Decide whether the divorce will be uncontested (both parties agree on all terms) or contested (disagreements exist over assets, custody, or support).
2. Complete Required Forms: The primary document is Form FL-100, Petition—Marriage (Simplified Dissolution). Additional forms depend on your situation—such as child custody (FL-105), spousal support (FL-141), or property division (FL-142).
3. File With the Court: Submit your completed forms to the Superior Court in your county. Pay the filing fee (typically around $435 as of 2024), unless you qualify for a fee waiver based on income.
4. Serve Your Spouse: After filing, your spouse must be formally served with the divorce papers by someone over 18 who is not involved in the case. Proof of service (Form FL-110) must be filed with the court.
5. Wait for Response: Your spouse has 30 days to file a response (Form FL-120). In an uncontested divorce, they may choose not to contest, allowing the process to move forward without a hearing.
6. Negotiate and Finalize Agreements: If there are disputes, mediation or negotiation may be necessary. Once agreements are reached, complete settlement documents like the Judgment (Form FL-170).
7. Attend Hearing (if required): Contested cases may require a court appearance. Uncontested divorces often skip this step.
8. Receive Final Judgment: Once approved by a judge, the divorce is official. The judgment outlines custody, support, asset distribution, and other key decisions.

Essential Forms and Documents Checklist

• FL-100: Petition for Dissolution of Marriage
• FL-110: Proof of Service of Summons
• FL-120: Response (if filed by the respondent)
• FL-150: Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)
• FL-170: Judgment of Dissolution
• FL-141: Income and Expense Declaration (for support calculations)
• FL-160: Declaration for Default or Uncontested Dissolution

Tip: Always make two copies of every form—one for the court, one for your records, and one to send to your spouse (or their attorney).

Property Division and Financial Disclosures

California follows community property laws, meaning most assets and debts acquired during the marriage are split equally (50/50). This includes income, real estate, retirement accounts, vehicles, and even debt like credit cards or loans.

Both spouses are legally required to exchange full financial disclosures using:

• Form FL-142: Schedule of Assets and Debts
• Form FL-141: Income and Expense Declaration

These forms must be filed within 60 days after the respondent files their response—or within 60 days of service if no response is filed. Failure to disclose can result in penalties, including loss of rights to certain assets.

“Transparency in financial disclosure isn’t just ethical—it’s mandatory. Hiding assets can invalidate your entire settlement.” — Judge Rebecca Torres, Retired Family Law Jurist

Child Custody and Support Considerations

If children are involved, creating a parenting plan is critical. California courts prioritize the best interests of the child, encouraging both parents to remain actively involved unless safety concerns exist.

A parenting plan should address:

• Physical custody (where the child lives)
• Legal custody (decision-making authority)
• Visitation schedules
• Holiday and vacation arrangements
• Communication methods between parents

Child support is calculated using state guidelines based on both parents’ income, time spent with the child, and additional expenses like healthcare and education. Use the California Guideline Child Support Calculator or consult a family law attorney for precise figures.

Factor	Description	Impact on Support
Income Level	Gross monthly earnings of both parents	Higher earner typically pays more
Custodial Time	Number of overnights per year with each parent	More time = lower payment obligation
Tax Deductions	Who claims child tax credits	Can influence net support amount
Extraordinary Expenses	Medical, educational, or special needs costs	Shared proportionally based on income

Real Example: An Uncontested Divorce in San Diego

Sarah and David, married for eight years with one child, decided to separate amicably. They met the residency requirements and agreed on joint legal custody with Sarah having primary physical custody. They used mediation to divide their home equity and retirement accounts evenly.

Sarah filed Form FL-100 and served David, who signed a waiver of response. Both completed financial disclosures and submitted a stipulated judgment. Within four months, the court issued the final decree. Total cost: $435 filing fee and $300 for a mediator. No court appearance was needed.

Their experience highlights how cooperation, proper documentation, and adherence to timelines can streamline the process—even with complex financial matters.

Common Mistakes to Avoid

• Misunderstanding Residency Rules: Filing too soon can lead to dismissal.
• Missing Deadlines: From responses to disclosures, timing is crucial.
• Self-Representation in Complex Cases: High-net-worth or custody disputes benefit from legal counsel.
• Communicating Through Children: Courts view this negatively in custody evaluations.
• Posting About the Case Online: Social media can be used as evidence against you.

Frequently Asked Questions

How long does a divorce take in California?

By law, there is a mandatory six-month waiting period from the date the respondent is served. Even in uncontested cases, the divorce cannot be finalized before this time. Simple cases usually conclude within 6–8 months; contested ones may take a year or longer.

Can I get a divorce without going to court?

Yes, if it’s uncontested and all paperwork is correctly filed, many Californians finalize their divorce without a court appearance. A judge reviews the documents and signs the judgment remotely.

Do I need a lawyer to file for divorce?

No, California allows self-representation (pro se). However, consulting an attorney—even briefly—can prevent costly errors, especially regarding property or custody issues.

Finalizing Your Divorce and Moving Forward

Once the judge signs the judgment, your marriage is legally dissolved. Keep multiple certified copies of the final decree for updating records with banks, the DMV, and government agencies. Update your will, beneficiaries, and insurance policies accordingly.

The end of a marriage marks the beginning of a new chapter. While the legal process has clear steps, emotional healing takes time. Consider counseling, support groups, or co-parenting classes to navigate this transition with clarity and resilience.

💬 Ready to take the next step? Download free divorce forms from the California Courts website or contact your local family law facilitator for guidance. Share this guide with someone who needs it—or leave a comment with your experience to help others feel less alone.