Filing for divorce in California consists of three main elements: (1) meet the residency requirement, (2) file the petition and summons in the right county, and (3) serve your spouse correctly and file proof of service.
After that, deadlines start (including financial disclosures), and the case either stays cooperative or becomes contested.
Divorce is a major life decision that can feel overwhelming, especially when faced with California’s legal requirements (or any state’s requirements, for that matter).
Whether you’re figuring out how to file for divorce in California by yourself or exploring your options for legal support, this guide is here to help.
From preparing your paperwork to properly notifying your spouse, here’s how to file, what it costs, and what to expect in the first few weeks of your case.
Table of Contents
Before You File: Get the Basics Right (So You Don’t Create Delays)
A lot of “divorce delays” aren’t dramatic. They’re administrative. Wrong county. Missing required add-on forms. Service done incorrectly. Then you’re stuck fixing avoidable problems.
Step 1: Preparing for Your Divorce
The process starts before any paperwork hits the courthouse. Filing smart means understanding your eligibility and avoiding early mistakes.
Meet California Residency Requirements
To file for divorce in California, either you or your spouse must have:
- Lived in the state for at least six months, and
- Lived in the county where you’re filing for at least three months.
If you don’t meet this requirement yet, you can either wait to file for divorce or begin with a legal separation and transition to divorce once the residency period is satisfied.
If you’re not sure you’re filing in the right place, it’s worth confirming before you submit anything.
Decide: With or Without a Lawyer?
One of the biggest early decisions is whether to hire a divorce attorney or represent yourself. California courts offer self-help resources, and it’s entirely legal to file on your own. For simple cases, no kids, few assets, and mutual agreement, self-representation might work.
But if your case involves children, property, support, a business, or any potential conflict, it’s wise to speak with a family law attorney before filing. Even a short consultation can help you avoid early mistakes that cost more to fix later.
Step 2: Filing for Divorce in California
Filing officially opens your divorce case. It’s also when the court’s automatic rules kick in.
Required Forms to Get Started
To begin the process:
- FL-100 (Petition for Dissolution): Lists key facts and your proposed orders
- FL-110 (Summons): Notifies your spouse and activates automatic restraining orders
- FL-115 (Proof of Service): Filed after your spouse is served to show the court that service was completed correctly
If you have children, you’ll also file FL-105 and related forms about their residence history.
Joint Petition Option (New January 1, 2026)
As of January 1, 2026, some couples can start a divorce or legal separation together using a Joint Petition, instead of serving each other. It does not finish the case. You still exchange financial disclosures, reach a written agreement, and file a final judgment (divorce still takes at least six months).
Learn more in our Joint Petition for Divorce and Separation in California guide.
E-Filing
Many counties now allow or require electronic filing. Check your local court’s website to see if e-filing is available.
Filing Fees
Most counties charge $435–$450 to file a divorce petition. If you can’t afford it, request a fee waiver using FW-001.
Step 3: Serving the Divorce Papers
Filing alone doesn’t start the process. Your spouse has to be legally “served.” This step is crucial to ensure the case can proceed.
Service is how you give your spouse formal notice of the divorce. It must be done correctly and not by you, not by text, not by email. Someone over 18 who is not a party to the case (friend, relative, or professional server) must deliver the papers or complete another court‑approved method of service.
Once service is complete, that person fills out FL-115 (Proof of Service), and you file it with the court.
What If They Avoid Service?
If your spouse can’t be located or refuses service, you may ask the court for alternative service methods, such as “substitute service” or “service by publication.”
Step 4: What Happens Right After Service?
Once your spouse is served, the case is officially active. Here’s what happens next.
Response Window
Your spouse has 30 days to file a Response (FL-120). If they don’t respond, you may request a default. A default means the court can move forward without your spouse’s participation if they don’t respond in time.
The judge may grant the divorce and issue orders based on what you asked for in your petition, as long as the paperwork and service were done correctly.
Temporary Orders (If Needed)
If your spouse does respond and you need immediate orders for child custody, support, or who stays in the home, you can file a Request for Order (FL-300). These are short-term orders that stay in place while the case moves forward. These orders can be requested at any time during the process.
Step 5: Requesting (or Responding to) Custody, Support, and Alimony
You can ask for child custody, child support, and spousal support (alimony) as part of your initial filing (in Step 2) or anytime later through a court motion.
These issues are often central to divorce, and the court can’t make fair decisions without key financial and parenting information from both sides.
California Divorce Forms:
As mentioned earlier, you’ll make your initial requests in Form FL-100 (Petition for Dissolution of Marriage). If you’re seeking custody, support, or use of the family home, you’ll check the relevant boxes and attach:
- Form FL-105 (Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act) – lists your child’s residence history and confirms jurisdiction for custody.
- Form FL-150 (Income and Expense Declaration) – details your earnings, expenses, and financial obligations. This is required as part of financial disclosures.
- Form FL-140 (Declaration of Disclosure) – identifies what financial disclosure documents you are serving on the other party.
- Form FL-142 (Schedule of Assets and Debts) or FL-160 (Property Declaration) – lists what you own and what you owe.
- Form FL-300 (Request for Order) – optional, but needed if you want the court to schedule a hearing for temporary custody, child support, spousal support, or other relief while the divorce is pending.
If You’re the One Being Served:
Even if you’re not the one making requests, you’ll still need to complete financial disclosures — including Form FL-150 (Income and Expense Declaration). This isn’t optional.
Both spouses are legally required to provide full financial transparency so the court (and other party) can make informed decisions.
You may also want to:
- Serve your own FL-140 and supporting disclosure forms (like FL-142 or FL-160) as part of your preliminary declaration of disclosure.
- File your own FL-300 if you need temporary court orders or want to respond with different requests.
- Submit FL-105 if custody is at issue and your side of the child’s residence history differs.
These disclosures aren’t filed with the court (except FL-150 in some cases); they’re exchanged between spouses to ensure transparency. But if the case becomes contested, especially over money or support, these forms become critical evidence.
Emergency Protections for Domestic Violence
You can request court protection at any point — before, during, or after filing for divorce — if you’re experiencing abuse or feel unsafe. California courts take domestic violence seriously and offer fast-track protections to keep you and your children safe.
To request protection, you can file:
- Form DV-100 – Request for Domestic Violence Restraining Order: This tells the court what happened and what protection you need.
- Form DV-110 – Temporary Restraining Order: If approved, this immediately limits contact or proximity, often without a hearing at first.
These forms can be filed on their own or alongside your divorce paperwork. You don’t have to wait until you file for divorce to ask for help, and in some cases, getting a restraining order first can influence how custody and support are handled later.
Help is available: Many counties offer domestic violence help centers, and shelters and legal aid organizations can support you with filing, safety planning, and court prep.
Summary Dissolution for Simpler Cases
Some couples qualify for summary dissolution in California, a joint filing option designed for short, low-asset marriages with no minor children together and no real property. The rules are strict, and small details (like lease terms, asset caps, or the support waiver) can disqualify you.
If you think this might fit, read our guide to Summary Dissolution in California for eligibility rules, required forms, costs, the six-month timeline, and how revocation works.
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 or country.
- Strategic Preparation: You can gather documents and plan before your spouse is served.
What Happens After You File for Divorce?
Once both sides have filed and served their papers, the divorce moves into the next phase, either toward settlement or litigation.
If you and your spouse agree on major issues like property, custody, and support, you may be able to resolve the case through a written agreement. If you don’t agree, the case heads into court-managed litigation, including discovery, hearings, and potentially a trial.
Looking to understand the complete divorce process? Read our comprehensive guide on The Divorce Process in California.
Let Proven Los Angeles Divorce Lawyers Guide You
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.
At Provinziano & Associates, we’ve handled a wide range of divorce cases California has to offer, from high-conflict litigation and hidden asset cases to amicable settlements and international divorces with ties to California.
Whether your case involves domestic violence, complex custody battles, or high-net-worth property division, we know the terrain. We don’t just handle divorce; we handle the full picture, including support, custody, enforcement, and post-judgment modifications.
With decades of experience in California family law, our Los Angeles divorce attorneys are with you from start to finish, making sure your voice leads the case and your future is protected.
Call us today at (310) 820-3500 for a confidential case evaluation.
