Divorce in California

How to file for divorce in California

1. Check residency. 6 months in California and 3 months in the filing county before filing.
2. Prepare and file the Petition for Dissolution of Marriage (Form FL-100); a new Joint Petition (Form FL-700) takes effect January 1, 2026 with the Superior Court in your county. The filing fee is typically $435 to $450, and you can ask for a fee waiver if you cannot afford it.
3. Serve your spouse, or have them sign an acceptance of service, and file proof of service.
4. Exchange financial disclosures. Both spouses must exchange a Declaration of Disclosure package, including Form FL-150 (Income and Expense Declaration) and Form FL-142 (Schedule of Assets and Debts), within 60 days; these are served, not filed with the court.
5. Settle the issues in a written agreement, and a parenting plan if you have children.
6. Wait out the waiting period. 6 months mandatory, generally starting when the other spouse is served. Then ask the court for your final judgment.

Residency and grounds

Residency: 6 months in California and 3 months in the filing county before filing.

Grounds: No-fault only. You do not need to prove anyone did anything wrong.

Separation: No mandatory separation period; the legal date of separation still matters because it cuts off further community property accumulation.

How property is divided

California is a community property state. Most property and debt acquired during the marriage belongs to both spouses equally and is generally divided equally. Property owned before marriage, and gifts or inheritances to one spouse, are usually separate. Read community property and equitable distribution.

Custody and child support

Parenting terms: California uses the terms legal custody and physical custody. Every decision is made in the child's best interests.

Parenting class: Not required statewide; individual courts may order it.

Child support: California uses the income shares model, which combines both parents' incomes, estimates what parents at that income usually spend on children, and divides that amount by each parent's share of income. Try the child support calculator.

Spousal support

Spousal support is not automatic; courts weigh 14 statutory factors, and for marriages of 10 or more years courts generally keep jurisdiction open rather than setting a fixed end date (the 10-year rule).

Estimate a range with the spousal support calculator, then have a lawyer check it if the numbers are large.

Faster and simpler options

Summary Dissolution (Form FL-800): Available if married 5 years or less, with no minor children, no real estate, community and separate property each under $57,000, combined debts under $7,000, and both spouses permanently waive spousal support.

Legal separation: available in California, for couples who want support and parenting orders without ending the marriage.

How long it takes

The minimum is set by the waiting period: 6 months mandatory, generally starting when the other spouse is served. A typical timeline is 6 to 8 months uncontested, limited by the 6-month minimum; 12 to 36 months or more contested. Agreement is what moves the date most; contested cases add months of disclosures, discovery and hearings.

Worth knowing in California

• The 6-month waiting period cannot be shortened even if both spouses agree on everything.
• Summary Dissolution is a rarely used shortcut because its property and debt limits are low and it requires waiving spousal support entirely.
• A new optional Joint Petition process starting in 2026 lets the 6-month clock run from the filing date instead of the service date when both spouses file together.

Official resources

Official forms and instructions come from California's courts. Sources we reviewed:

• selfhelp.courts.ca.gov
• selfhelp.courts.ca.gov

Last reviewed September 2026. Laws and fees change; confirm with your court before you file.