How to File for Divorce in California: What to Expect

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.

Step 1: Preparing for Your Divorce

Before you file, you need to 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.

The process starts before any paperwork hits the courthouse. Filing smart means understanding your eligibility and avoiding early mistakes.

Do You Meet the Residency Requirement?

You can’t file for divorce in California just because you got married here. To start a divorce case in this state, either you or your spouse must have:

• Lived in California for at least six months, and
• Lived in the county where you plan to file for at least three months.

If you don’t meet these requirements yet, you may need to wait or explore options like a legal separation, which can later be converted to divorce once you’re eligible.

There is a narrow exception for certain same-sex spouses who married in California. If neither spouse now lives in California and neither lives in a jurisdiction that will dissolve the marriage, they may be able to file for divorce in the California county where they were married.

In those cases, the California court can end your marriage, but what it can do with property, custody, or support will still depend on whether it has legal power (jurisdiction) over your spouse, your children, and any property. Talk to a lawyer if that’s your situation.

Use a Court Locator Before You File

Even after you identify the correct county, you still need to determine which courthouse accepts your divorce filing. California Courts provides a court locator that lets you search by city, county, or ZIP code to find the appropriate court.

Some counties also divide family law filings among different courthouse districts, so confirm the filing location before submitting your forms.

Check Your County’s Local Filing Rules

California divorce law applies statewide, but each Superior Court can have local rules, procedures, and forms that supplement the statewide requirements. Before filing, check the requirements for the county where your case will be filed so you do not miss a local form or filing procedure.

For example, Los Angeles Superior Court requires a Family Law Case Cover Sheet and Certificate of Grounds for Assignment to District (FAM-020) with the first filing in a new family law case. The form helps the court determine the proper district for filing and hearing.

These local requirements can affect what you submit and how your case is processed, so review your county court’s current family law rules and forms before filing.

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.

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.

Step 2: Filing for Divorce in California

Filing officially opens your divorce case. It’s also when the court’s automatic rules kick in. California’s statewide divorce forms are available through the California Courts website.

As we mentioned earlier, your county may also require its own local forms, so check both the California Courts forms and the requirements of the court where you plan to file.

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). 

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.

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.

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