How Do You File for Divorce in California?
To file for divorce in California, at least one spouse must have lived in the state for 6 months and in the filing county for 3 months. You then complete the Petition (Form FL-100) and Summons (Form FL-110), file them with your county Superior Court, and pay the filing fee of roughly $435 to $450. Next, you serve the paperwork on your spouse, exchange financial disclosures, and resolve issues like property, support, and custody.
Because California enforces a mandatory six-month waiting period, no divorce can be finalized sooner than six months and one day after your spouse is served.
California Is a No-Fault Divorce State
California was the first state in the nation to adopt no-fault divorce, and that shapes everything about how you file. You do not have to prove wrongdoing, cheating, or misconduct.
Nearly every case is filed on the ground of “irreconcilable differences,” which simply means the marriage cannot be repaired. Understanding this matters before you begin, because it means the process is driven by paperwork, disclosure, and negotiation rather than blame.
If you want a fuller picture of the rules that govern the process, our overview of California divorce laws you may not know about is a useful companion to this guide.
Whether you are researching how to file for a divorce in California on your own or preparing to work with an attorney, the seven steps below walk through the entire process from residency to final judgment.
How to File for Divorce in California in 7 Steps
- Confirm you meet the residency requirement. One spouse must have lived in California for at least 6 months and in the county where you file for at least 3 months. If you do not yet qualify, you can file for legal separation first and amend later.
- Complete your starting forms. Every case begins with the Petition (Form FL-100) and the Summons (Form FL-110). If you and your spouse share minor children, you also file the UCCJEA declaration (Form FL-105).
- File with the Superior Court and pay the fee. Submit your forms to the family law clerk in your county and pay the first-appearance filing fee, which ranges from about $435 to $450. If you cannot afford it, request a fee waiver using Form FW-001.
- Serve your spouse. Within 60 days of filing, a third party who is 18 or older and not part of the case must personally deliver the papers to your spouse. Proof of Service (Form FL-115) is then filed with the court.
- Exchange preliminary financial disclosures. Both spouses must complete a Declaration of Disclosure (FL-140), a Schedule of Assets and Debts (FL-142), and an Income and Expense Declaration (FL-150). Skipping this step can delay or invalidate your judgment.
- Respond, negotiate, or default. Your spouse has 30 days to file a Response (Form FL-120). From there you either negotiate a settlement, proceed by default if they do not respond, or move toward trial on any contested issues.
- Finalize the divorce. Once all issues are resolved and the six-month waiting period has passed, the court enters a Judgment (Form FL-180) and your divorce becomes final.
Many people ask whether they can complete these steps on their own. You can file for divorce in California without a lawyer, and self-represented filers are common in simple, uncontested divorce cases. But once children, retirement accounts, a business, or significant property are involved, the disclosure and settlement stages become far harder to get right.
Uncontested vs. Contested Divorce: What to Expect
The single biggest factor in how long your case takes and how much it costs is whether it is uncontested or contested. The comparison below shows why.
| Factor | Uncontested Divorce | Contested Divorce |
| Agreement | Spouses agree on all issues | One or more issues in dispute |
| Typical timeline | About 6 to 8 months (limited by the waiting period) | 1 to 2+ years |
| Typical cost | Court fee plus limited attorney time | Substantially higher; driven by discovery and trial |
| Court appearances | Often none or minimal | Multiple hearings, possible trial |
| Best for | Short marriages, few assets, cooperation | Disputes over custody, support, or property |
Two numbers are worth remembering as you plan.
First, no California divorce can be finalized in less than six months and one day from the date of service, no matter how quickly you agree.
Second, the standard first-appearance filing fee of about $435 applies to both petitioner and respondent, so the paperwork alone typically costs the couple around $870 combined before any attorney fees.
Which Spouse Should File First?
Filing first makes you the “petitioner” and your spouse the “respondent.” The petitioner presents their position first at any hearing and controls the initial timeline, though California’s no-fault system means filing first carries no automatic legal advantage in how property or custody is decided. We cover the strategic nuances in our article on whether it matters who files for divorce first, which is worth reading before you decide.
Joint Petition for Divorce: California’s New 2026 Option
A joint petition for divorce in California is a new option, available as of January 1, 2026, that lets both spouses start their case with a single, shared filing instead of one spouse filing against the other. Couples who choose a joint petition for divorce in California are listed as “Petitioner 1” and “Petitioner 2” rather than as petitioner and respondent. For spouses on reasonably good terms, this can be a calmer, more collaborative way to open a case, because you begin as partners in the process rather than as opposing parties.
To file a joint petition, you complete the Joint Petition (Form FL-700) and the Summons—Joint Petition (Form FL-710) together, along with the UCCJEA declaration (Form FL-105) if you share minor children. You do not need a full agreement before you file; you simply list the issues you still plan to work out. The combined court filing fee is $870, and a fee waiver is available if either spouse cannot afford it. As soon as you file, the court’s standard restraining orders take effect, preventing either spouse from selling property, moving children out of state, or making major financial or insurance changes while the case is open.
It is important to understand what a joint petition for divorce in California does not do: it does not finish your divorce. You still must exchange financial disclosures, reach a written agreement on every issue, and file a Judgment, and the mandatory six-month waiting period still applies to divorces (there is no waiting period for a legal separation). A joint petition also does not allow either spouse to request temporary court orders, because any orders are based on your final agreement at the end of the case.
Because the process depends on cooperation, both spouses must ultimately agree on all terms. If you cannot, either person can revoke the joint petition at any time before the judgment is final by filing a Notice of Revocation (Form FL-720). Revoking does not close or restart your case; it simply converts it to the standard divorce process, with one spouse becoming the petitioner and the other the respondent. If you already doubt you will agree on everything, a traditional divorce filing is usually the better starting point.
Where to Find the Official Forms
Every form referenced in this guide is published by the state. You can review the full process on the California Courts Self-Help Guide to divorce, download the complete set of Judicial Council divorce forms, and read the court’s own instructions for filing your divorce papers.
Using the official forms ensures you are working from the current versions, which counties update periodically.
Filing for divorce can be a tricky process that is best served under the guiding eye of a family law attorney with experience in these matters.
Getting Help With Your California Divorce
Filing the initial paperwork is the straightforward part. The stages that decide your financial future — disclosure, valuation, support, and custody — are where mistakes become expensive.
Before you begin, it is worth reviewing our checklist of steps to take before hiring a family law attorney so you arrive organized.
If you would like guidance tailored to your situation, the team at the Law Offices of Leon F. Bennett is available to help Los Angeles and Ventura County families navigate the process.
Contact us for an initial consultation.
Frequently Asked Questions About How to File for Divorce in California
How long does it take to file for divorce in California?
Filing the initial paperwork can be done in a single day once your forms are complete. However, the divorce itself cannot be finalized for at least six months and one day after your spouse is served, because California enforces a mandatory waiting period. Uncontested cases usually resolve in six to eight months, while contested cases can take one to two years or longer.
How much does it cost to file for divorce in California?
The first-appearance filing fee is generally $435 to $450, depending on your county. Both the petitioner and the responding spouse pay this fee, so the combined court cost is roughly $870. If you cannot afford the fee, you may qualify for a waiver by submitting Form FW-001.
Can I file for a divorce in California without a lawyer?
Yes. California allows spouses to represent themselves, and many people handle simple, uncontested divorces on their own using the state’s self-help forms. Hiring an attorney becomes important when the case involves children, a business, real estate, retirement accounts, or any disagreement over support or property.
What forms do I need to start a divorce in California?
Every case starts with the Petition (Form FL-100) and the Summons (Form FL-110). If you have minor children, you also file the UCCJEA declaration (Form FL-105). Later in the process you will complete financial disclosure forms, including FL-140, FL-142, and FL-150.
Do both spouses have to agree to get divorced in California?
No. Because California is a no-fault state, one spouse can obtain a divorce even if the other does not want it. If the responding spouse refuses to participate after being properly served, the petitioner can proceed by default and still finalize the divorce.
How long do I have to live in California before I can file?
You must have lived in California for at least six months and in the county where you file for at least three months before submitting your petition. If you meet the state requirement but not the county requirement, you can often file in a county where either spouse qualifies.
What is a joint petition for divorce in California?
A joint petition for divorce in California is a process, available as of January 1, 2026, that lets both spouses start their divorce or legal separation with a single, shared filing instead of one spouse filing against the other. Both people sign the same forms (FL-700 and FL-710) and are listed as Petitioner 1 and Petitioner 2. You do not need a full agreement to file, but you must eventually agree on all terms. It does not shorten the process: the six-month waiting period, financial disclosures, and final Judgment still apply. If you cannot reach full agreement, either spouse can revoke the joint petition and the case converts to a standard divorce.
About California Divorce Lawyer, Leon F. Bennett, Esq.
Leon F. Bennett is a Family Law Expert Attorney serving Los Angeles and Ventura Counties for 40+ years. With over four decades of experience handling thousands of California divorce cases, he provides expert guidance on divorce litigation, mediation, child custody, and property division. Member: State Bar of California, Los Angeles County Bar Association Family Law Section.
Whether you’re in need of a Los Angeles divorce mediation attorney or a child custody attorney in Los Angeles, Leon F. Bennett is an expert Woodland Hills divorce attorney who will get the desired results for you and your family.
Contact us today to request a consultation.
The information provided in this article is for general informational purposes only and does not constitute legal advice. This content is not intended to create an attorney-client relationship. The information presented should not be construed as legal counsel or a substitute for seeking professional legal advice. Readers should not act or refrain from acting based on the information provided without first consulting a licensed attorney for advice specific to their individual situation.
