Filing for divorce in California is more paperwork than drama — but the rules are strict, and getting them wrong costs you time. This guide walks through every step, with the official sources noted and the date we verified them.
Want the full journey first? See The Complete California Divorce Roadmap — every stage, cost, and form in one page.
This is general information, not legal advice. For your specific situation, talk to a licensed California attorney or your county court’s self-help center.
Step 1: Understand the residency requirements
Before you can file for divorce in California, you or your spouse must have lived in California for at least the last 6 months, and in the county where you file for at least the last 3 months. (Cal. Fam. Code § 2320)
If you don’t meet these requirements yet, don’t file for divorce early. The official California Courts Self-Help guidance says you can file for legal separation now and change it to a divorce once you qualify. Your court’s Self-Help Center can confirm the best route for your situation. For how the options compare, see Legal Separation vs. Divorce vs. Annulment in California.
Step 2: Know the ground for divorce
California is a no-fault state. You don’t prove anyone did anything wrong — you state “irreconcilable differences,” and that’s enough (Cal. Fam. Code § 2310).
Step 3: Fill out the Petition (Form FL-100)
The main document is Form FL-100, available free from the California Courts website. You’ll also need a summons and, if you have children, additional forms. Your county court’s self-help center can review your paperwork for free. Not sure which documents you need? See the complete list in What Forms Do You Need to Get a Divorce in California?.
Step 4: File with the court and pay the fee
File your forms with the clerk of the superior court in your county. The first-paper filing fee is $435 per spouse who files — so $870 total if your spouse also files a Response, the same total as the new joint petition. California adjusts court fees periodically, and some counties add small surcharges. Always confirm the current amount on your county court’s fee schedule or the statewide fee schedule before filing. For the full breakdown, see How Much Does Divorce Cost in California?.
Can’t afford it? See our full guide: How to Get a Divorce Fee Waiver in California (Form FW-001) — if you qualify, the court can waive your filing fees.
Step 5: Serve your spouse
Someone over 18 who isn’t you must deliver copies of the Summons and Petition to your spouse — this is service of process. You then file proof of service with the court.
There is no deadline to serve in a California family law case, but don’t sit on it — a stalled case can eventually be dismissed for lack of action, and nothing moves until your spouse is served. For every method, deadline, and what to do if your spouse won’t cooperate, see How to Serve Divorce Papers in California.
Step 6: The 6-month waiting period
Wondering about the timing in detail? See our full guide: How Long Does a Divorce Take in California?
California has a mandatory 6-month waiting period before a divorce can be finalized. The clock starts on the date your spouse is served with the papers or responds in court, whichever comes first — not on the date you file. Even a fully agreed-upon divorce cannot finish faster. (If you use the new Joint Petition, Form FL-700, the clock starts on the filing date instead.)
What happens next
After service, your spouse has 30 days to respond. From there the case moves through financial disclosures, including Form FL-150, and, if you have children, custody decisions, and either settlement, mediation, or trial. Many California couples complete the process without ever seeing a judge.
Frequently asked questions
How much does a divorce cost in California? The filing fee is $435 per spouse who files (plus county surcharges), or $870 total if both spouses file; an uncontested case without lawyers may cost close to that. Contested cases with attorneys often run into the tens of thousands. See How Much Does Divorce Cost in California? for the full breakdown.
If you and your spouse agree on all terms, see Uncontested Divorce in California for the fastest path.
How long does a divorce take in California? Minimum 6 months and 1 day from the date your spouse is served or responds in court, whichever comes first (or from the filing date if you use the joint petition); contested cases commonly take a year or more.
Do I need a lawyer to file? No. California’s self-help centers exist precisely for self-represented people. But for custody disputes or complex assets, legal advice pays for itself.
Want to handle the entire case yourself? See How to Get a Divorce in California Without a Lawyer for the complete DIY path.
Is this legal advice?
No. This guide is general information about the California divorce process — it is not legal advice, and reading it doesn’t create an attorney-client relationship. Your situation may have details this guide can’t cover. For advice about your specific case, use your court’s free self-help center or consult a licensed California family law attorney.
Sources: California Courts Self-Help Center, California Courts fee schedules, and Cal. Fam. Code §§ 2310, 2320, 2339(a). Laws change — always confirm with the official sources or your county court before acting.