From gathering your first documents to understanding custody and support, we’ve got you covered. Let’s dive into everything you need to know to start your divorce journey confidently.
Step 1: Preparing for Your Divorce
The journey to filing for divorce starts long before you file your first form. Preparation sets the foundation for a smoother process and protects your interests from day one.
Meet California Residency Requirements
Before you can file for divorce in California, one spouse must have lived in the state for six months and in the county where you’re filing for at least three months.
If you don’t meet this requirement yet, you can begin with a legal separation and transition to divorce once the residency period is satisfied.
Organize Your Financial Documents
Financial transparency is key to the divorce process. Gather essential documents, including:
- Bank statements, tax returns, and pay stubs.
- Property deeds, investment accounts, and business valuations.
- Debt records, such as credit card statements or loan agreements.
Having these ready will save time and help you complete mandatory financial disclosures later.
Consult an Attorney (or Decide to File on Your Own)
Filing for divorce in California on your own is possible, especially if your case is straightforward, with minimal assets and no disputes over custody or support.
However, for more complex cases—such as those involving significant property, contested custody, or domestic violence—working with an attorney is often the better choice.
An experienced attorney can help you avoid common mistakes, ensure all paperwork is accurate, and advocate for your best interests.
Step 2: Filing for Divorce in California
Filing marks the official start of the legal process, and understanding the steps ensures you file correctly and efficiently.
Where to File
Submit your divorce papers to the superior court in the county where either you or your spouse meets residency requirements.
Required Forms to Get Started
To begin the process:
- FL-100 (Petition for Dissolution of Marriage): Outlines your requests regarding child custody, support, and property division.
- FL-110 (Summons): Notifies your spouse of the divorce and establishes Automatic Temporary Restraining Orders (ATROs).
- FL-115 (Proof of Service): Confirms that your spouse has been served the necessary documents.
E-File for Convenience
Many California courts allow electronic filing. Check your local court’s website for eligibility and instructions.
Request Temporary Orders
If you need immediate custody, support, or property use arrangements, include FL-300 (Request for Order) with your petition. Temporary orders provide stability while the divorce is ongoing.
Filing Fees
The cost to file for divorce typically ranges from $435 to $450, depending on the county. If this cost poses a hardship, you can apply for a fee waiver by submitting FW-001 (Request to Waive Court Fees).
Step 3: Serving Divorce Papers
After filing, your spouse must be officially notified of the proceedings through proper service. This step is crucial to ensure the case can proceed.
How to Serve Divorce Papers
Service must be completed by someone over 18 who is not a party to the case. This can be done through personal delivery or certified mail with a return receipt. Once service is completed, file FL-115 (Proof of Service) with the court to confirm compliance.
What happens if a spouse refuses to be served divorce papers or cannot be located? You may request court approval for alternative service methods, such as service by publication in a local newspaper.
Step 4: Requesting Custody, Support, and Alimony
When filing for divorce in California, you can request child custody, child support, and spousal support (alimony) as part of your initial paperwork. Addressing these issues properly ensures the court considers your needs throughout the case.
- For custody and child support, FL-100 outlines your preferences for legal and physical custody. Use FL-105 to provide details about your children’s residence history, and FL-150 (Income and Expense Declaration) to document your financial situation. California’s Child Support Calculator can estimate potential payments.
- For spousal support, indicate your request in FL-100 and provide financial details in FL-150. If immediate support is needed, FL-300 can be used to request temporary spousal support while your case is pending.
Our online Child Support Calculator can give you an estimate of payment amounts based on income, custodial time, and the number of children.
Step 5: Financial Disclosures
California law requires both parties to be fully transparent about their finances to ensure fairness in property division and support determinations.
Required Disclosure Forms
- FL-140 (Declaration of Disclosure): Provides an overview of your financial situation.
- FL-142 (Schedule of Assets and Debts): Lists all marital and separate property, along with liabilities.
- FL-150 (Income and Expense Declaration): Details your income, expenses, and financial obligations.
Deadlines for Financial Disclosures
- Petitioner: 60 days from filing.
- Respondent: 60 days from responding.
Failing to meet these deadlines or submitting incomplete forms can lead to serious legal and financial consequences.
Step 6: Court Mediation and Waiting Periods
Mediation
Mediation is required in cases where custody or parenting plans are disputed. This process helps parents work toward an agreement, reducing the need for a court decision. Agreements reached in mediation are formalized and submitted to the court.
Mandatory Six-Month Waiting Period
The six-month waiting period begins when the respondent is served with divorce papers. This mandatory period applies to all divorces in California and ensures that both parties have time to adjust and resolve disputes. Finalizing the divorce is not possible until the waiting period has passed, even if all other requirements are completed.
Step 7: Emergency Protections for Domestic Violence
If domestic violence is a concern, the courts can issue protective orders to ensure safety.
Steps to Request Protection
- File DV-100 (Request for Domestic Violence Restraining Order) for immediate protection.
- Use DV-110 (Temporary Restraining Order) to prevent contact with the other party.
Additional resources, such as shelters and legal aid, are available to assist those in need.
Step 8: Summary Dissolution for Simpler Cases
If your marriage is relatively short and uncomplicated, you might qualify for a summary dissolution, a faster and simpler process alternative to traditional divorce.
Eligibility
You may qualify if:
- Your marriage lasted less than five years.
- There are no children involved.
- Shared debts are under $6,000, and property values are less than $47,000 each.
- Both spouses agree to waive spousal support.
Filing for Summary Dissolution
Complete FL-800 (Joint Petition for Summary Dissolution of Marriage) and file it with the court. A six-month waiting period applies before the divorce is finalized.
Does It Matter Who Files First?
In California, the court doesn’t favor the petitioner over the respondent, but filing first offers some advantages:
- Control Over Jurisdiction: The case is heard in your chosen county.
- Strategic Preparation: You can gather documents and plan before your spouse is served.
What Happens After You File for Divorce?
After filing for divorce in California, your spouse has 30 days to respond to the paperwork. Even if all agreements are reached quickly, California requires a minimum 6-month waiting period before finalizing any divorce. Looking to understand the complete divorce process? Read our comprehensive guide on The Divorce Process in California.
What happens after filing sets the tone for the rest of your divorce case. This stage often involves addressing temporary orders and custody arrangements, where legal missteps can lead to delays or unfavorable outcomes.
Even if your case seems straightforward, legal representation provides clarity and peace of mind, ensuring that nothing is overlooked in this critical phase.
Wrapping Up
Filing for divorce in California can be a challenging process, but with the right preparation and guidance, you can take control of your future.
From meeting residency requirements to addressing custody and support, every step you take builds a strong foundation for your case.
Need help? Call Provinziano & Associates today at 310-820-3500 for a free case evaluation. Let us guide you through your divorce with expertise and care.
