California requires a $435 filing fee, a 6-month-plus-one-day waiting period, and 6 months of state residency before any divorce can be finalized. The state follows strict 50/50 community property division under Cal. Fam. Code § 2550, and California was the first state in the nation to adopt no-fault divorce in 1969. Whether you are filing an uncontested case or preparing for a contested trial, this divorce checklist for California walks you through every required step, document, and deadline from pre-filing preparation through final judgment.
| Key Fact | Detail |
|---|---|
| Filing Fee (Petitioner) | $435 as of March 2026 |
| Filing Fee (Respondent) | $435 as of March 2026 |
| Waiting Period | 6 months + 1 day from date of service |
| Residency Requirement | 6 months in California, 3 months in filing county |
| Grounds for Divorce | No-fault: irreconcilable differences |
| Property Division | Community property (50/50 equal division) |
| Fee Waiver Available | Yes, via Form FW-001 |
| Court Self-Help Portal | selfhelp.courts.ca.gov |
Step 1: Confirm You Meet California Residency Requirements
California requires at least one spouse to have lived in the state for 6 continuous months and in the filing county for 3 months before filing a Petition for Dissolution of Marriage under Cal. Fam. Code § 2320. If neither spouse meets these thresholds, the court lacks jurisdiction and will reject the filing. Domestic partnerships registered in California are exempt from the residency requirement and may file immediately in any county. Military service members stationed in California may also satisfy residency through their duty station assignment.
Before you file, gather proof of residency. A valid California driver's license, voter registration, utility bills in your name, or a signed lease agreement all serve as evidence. If you recently moved counties, count carefully from your move-in date. Filing in the wrong county does not void the case, but the respondent can request a transfer, which adds 30 to 60 days of delay and additional fees. Confirming residency before filing is the first item on any divorce checklist for California.
Step 2: Choose Between Standard Dissolution and Summary Dissolution
California offers two paths to divorce: standard dissolution (available to everyone) and summary dissolution (a simplified process for short marriages with limited assets). Under Cal. Fam. Code § 2400, summary dissolution requires that the marriage lasted fewer than 5 years from the date of marriage to the date of separation, there are no minor children, neither spouse owns real property, community property totals less than $57,000 (excluding vehicles), each spouse's separate property is under $57,000, community debts total less than $7,000 (excluding car loans), and both spouses permanently waive spousal support.
| Factor | Standard Dissolution | Summary Dissolution |
|---|---|---|
| Marriage Length | Any duration | Under 5 years |
| Children | Permitted | No minor children |
| Real Property | Permitted | None owned |
| Community Property Cap | No limit | Under $57,000 |
| Community Debt Cap | No limit | Under $7,000 |
| Spousal Support | Court may order | Both must waive |
| Filing Fee | $435 | $435 |
| Waiting Period | 6 months + 1 day | 6 months + 1 day |
| Attorney Required | Recommended | Optional |
Summary dissolution uses a joint petition (Form FL-800) rather than separate filings. Either spouse may revoke the summary dissolution within 6 months of filing by submitting Form FL-830. If you do not qualify for summary dissolution, proceed with the standard dissolution process described in the remaining steps of this checklist.
Step 3: Gather All Required Documents Before Filing
California's mandatory financial disclosure rules under Cal. Fam. Code § 2104 require both spouses to exchange complete financial information under penalty of perjury within 60 days of filing. Gathering these documents before you file saves weeks of delay and reduces the risk of court sanctions for late or incomplete disclosures. The preliminary declaration of disclosure cannot be waived by either party, making document collection a non-negotiable step in California divorce preparation.
Personal identification documents you need include your marriage certificate (certified copy from the county recorder), government-issued photo identification for both spouses, Social Security cards, birth certificates for any minor children, and any existing prenuptial or postnuptial agreements. These documents establish the legal foundation of your marriage and any prior property agreements.
Financial documents required for the mandatory disclosure include 2 years of federal and state tax returns (with all schedules and W-2s), 3 months of pay stubs from all employers, 12 months of statements for every bank account (checking, savings, money market), 12 months of statements for all investment and retirement accounts (401(k), IRA, pension, brokerage), current mortgage statements and property tax bills, vehicle titles and registration, all active insurance policies (health, life, auto, homeowners), credit card statements showing current balances, student loan and personal loan statements, and business financial statements if either spouse is self-employed. California courts take financial disclosure seriously: under Cal. Fam. Code § 2107, a judge must set aside any judgment entered without proper disclosure compliance and impose mandatory sanctions including attorney fees.
Step 4: Complete and File the Petition (Form FL-100)
The Petition for Dissolution of Marriage (Form FL-100) is the document that formally initiates your California divorce case. The filing fee is $435 as of March 2026, though fees vary slightly by county. If your household income falls below certain thresholds, you receive Medi-Cal, CalFresh, or SSI/SSP benefits, you may qualify for a fee waiver by submitting Form FW-001 with your petition. File the petition at the Superior Court clerk's office in the county where you or your spouse reside.
Along with Form FL-100, you must file a Summons (Form FL-110), which automatically imposes standard family law restraining orders on both spouses. These automatic temporary restraining orders (ATROs) prohibit removing minor children from California without written consent or court order, transferring or hiding community property, changing beneficiaries on insurance policies, and creating new non-business debts. Violating ATROs can result in contempt of court charges, monetary sanctions, and an unequal property division in favor of the non-violating spouse. The clerk will stamp your documents with a case number and filing date, which starts your path through the court system.
2026 Update: Joint Petition Option (SB 1427)
Effective January 1, 2026, California now allows spouses to file a Joint Petition for Dissolution under SB 1427. Unlike summary dissolution, the joint petition has no restrictions on marriage length, children, or property amounts. Both spouses sign one petition together, eliminating the need for formal service and the respondent's separate response. The filing fee is approximately $435. This option works best for couples who have already reached full agreement on all issues and want a streamlined filing process.
Step 5: Serve the Petition on Your Spouse
California law requires personal service of the Summons and Petition on the respondent spouse within 60 days of filing under Cal. Fam. Code § 2330. The 6-month waiting period does not begin until the respondent is formally served or makes a first appearance in the case. The petitioner cannot personally deliver the documents; service must be completed by any person over 18 who is not a party to the case, a registered process server ($25 to $100 per attempt), or the county sheriff ($40 fee in most counties).
After service is completed, the server must fill out a Proof of Service of Summons (Form FL-115), which must then be filed with the court. If you cannot locate your spouse after diligent effort, you may petition the court for service by publication under Code of Civil Procedure § 415.50, which requires publishing the summons in a court-approved newspaper for 4 consecutive weeks. Service by publication adds 30 to 45 days and costs $200 to $500 in publication fees. If you filed a Joint Petition under SB 1427, service is not required because both spouses signed the petition together.
Step 6: Exchange Mandatory Financial Disclosures
California mandates two rounds of financial disclosure in every dissolution case. The Preliminary Declaration of Disclosure must be served (not filed with the court) within 60 days of filing under Cal. Fam. Code § 2104. This disclosure cannot be waived under any circumstances. The Final Declaration of Disclosure must be served at least 45 days before trial under Cal. Fam. Code § 2105, though parties may waive the final disclosure by written agreement.
The preliminary disclosure package includes a Schedule of Assets and Debts (Form FL-142) or a Property Declaration (Form FL-160), an Income and Expense Declaration (Form FL-150), and 2 years of tax returns. Every asset must be listed regardless of whether you consider it separate or community property. Failure to disclose an asset gives the court authority to award 100% of the undisclosed asset to the other spouse under Cal. Fam. Code § 1101(h). Both spouses must complete their disclosures, and a Declaration Regarding Service of Declaration of Disclosure (Form FL-141) must be filed with the court confirming exchange took place.
Step 7: Address Child Custody and Support
California courts determine custody based on the best interests of the child under Cal. Fam. Code § 3011, considering the child's health, safety, and welfare; any history of abuse by either parent; the nature and amount of contact with each parent; and habitual substance use. Under Cal. Fam. Code § 3040, courts prefer joint custody arrangements that allow frequent and continuing contact with both parents. Courts may not consider a parent's sex, gender identity, gender expression, or sexual orientation when making custody determinations.
California child support follows a statewide guideline formula under Cal. Fam. Code § 4055, updated by SB 343 (effective September 1, 2024). The formula calculates support based on each parent's net monthly disposable income and the percentage of time each parent has physical custody. For a family with combined net income of $10,000 per month and a 70/30 custody split, guideline child support is approximately $1,500 to $2,000 per month for one child. The DissoMaster software program, used by California courts, computes the exact amount. Add-on expenses for childcare, uninsured healthcare, education, and travel are divided between parents in proportion to their net incomes.
Effective January 1, 2025, SB 1055 eliminated driver's license suspension for child support non-payment when the obligor's income is at or below 70% of the area median income, and raised the non-payment threshold triggering suspension from 30 days to 6 months.
Step 8: Negotiate Property Division and Spousal Support
California is a strict community property state. Under Cal. Fam. Code § 760, all property acquired during the marriage while domiciled in California is presumed community property, and Cal. Fam. Code § 2550 requires courts to divide community property equally (50/50) unless both parties agree otherwise in writing. Separate property, defined as assets owned before marriage, acquired by gift or inheritance, or earned after the date of separation, remains with the owning spouse under Cal. Fam. Code § 770.
The date of separation is critical because it marks when earnings and debts become separate property. Under Cal. Fam. Code § 70, separation occurs when one spouse communicates a complete and final break in the marriage, coupled with conduct consistent with that intent. Common community assets requiring division include the family home (often the largest single asset), retirement accounts (401(k), pension, IRA divided via Qualified Domestic Relations Order), stock options and restricted stock units, business interests (may require forensic valuation), vehicles, and accumulated debts including mortgages, credit cards, and tax obligations.
Spousal support (alimony) is determined by 14 factors under Cal. Fam. Code § 4320, including the marital standard of living, each spouse's earning capacity, the duration of the marriage, age and health of both parties, documented domestic violence, and tax consequences. For marriages under 10 years, spousal support typically lasts half the length of the marriage. For marriages of 10 years or longer (deemed "long duration" under Cal. Fam. Code § 4336), the court retains indefinite jurisdiction over support unless the parties agree otherwise.
| Marriage Duration | Typical Support Duration | Court Jurisdiction |
|---|---|---|
| Under 10 years | Up to half the marriage length | Terminates automatically |
| 10+ years (long duration) | No automatic end date | Indefinite until modified |
| Under 5 years | 1 to 2.5 years | Terminates automatically |
| 20+ years | Often indefinite | Indefinite until modified |
Step 9: Attend Mandatory Mediation (If Children Are Involved)
California requires mandatory child custody mediation before any contested custody hearing under Cal. Fam. Code § 3170. Each Superior Court offers free or low-cost mediation through its Family Court Services department. Mediation sessions typically last 1 to 3 hours and focus exclusively on creating a parenting plan that serves the children's best interests. Mediators do not address property division, support, or other financial issues.
California counties follow one of two mediation models. In recommending counties (including Los Angeles, San Diego, and Orange), the mediator submits a custody recommendation to the judge if the parents cannot agree, and that recommendation carries significant weight. In non-recommending counties (including San Francisco and Alameda), the mediator reports only whether an agreement was reached, without making a recommendation. Knowing your county's model matters because it affects your preparation strategy. In recommending counties, treat mediation as a quasi-hearing: bring documentation of your parenting involvement, your proposed schedule, and any safety concerns.
Effective January 1, 2025, SB 599 requires California courts to provide specific written findings explaining how custody orders protect children, particularly when a parent has a documented history of violence.
Step 10: Finalize the Judgment
The earliest a California divorce can be finalized is 6 months and 1 day after the respondent was served or first appeared in the case under Cal. Fam. Code § 2339. This is the longest mandatory waiting period of any state in the United States, and no court can shorten or waive it regardless of mutual agreement. However, the legal status of the marriage can be terminated (bifurcation) before all financial and custody issues are resolved if one party files a motion under Cal. Fam. Code § 2337.
For an uncontested divorce where both parties agree on all terms, finalization requires submitting a Marital Settlement Agreement (Form FL-180 or attached agreement), a Judgment (Form FL-180), an Appearance, Stipulations, and Waivers (Form FL-130 if the respondent did not file a formal response), and a Notice of Entry of Judgment (Form FL-190). The court clerk reviews the paperwork, and a judge signs the judgment without a hearing in most uncontested cases. Processing times vary by county: Los Angeles County averages 60 to 90 days for uncontested judgment review, while smaller counties may process within 30 days.
For contested cases proceeding to trial, expect 12 to 18 months from filing to final judgment, with total costs ranging from $15,000 to $50,000 or more in attorney fees. Uncontested divorces handled without attorneys typically cost $1,000 to $3,000 total (filing fees, service costs, and document preparation).
| Cost Category | Uncontested (No Attorney) | Uncontested (With Attorney) | Contested (Trial) |
|---|---|---|---|
| Filing Fees | $435 - $870 | $435 - $870 | $435 - $870 |
| Service of Process | $25 - $100 | Included | Included |
| Attorney Fees | $0 | $2,500 - $5,000 | $15,000 - $50,000+ |
| Mediation | $0 - $300 | $500 - $3,000 | $2,000 - $10,000 |
| Total Estimated Cost | $500 - $1,500 | $3,500 - $9,000 | $20,000 - $60,000+ |
Post-Divorce Checklist: What to Do After Your Judgment Is Entered
Once the court enters your judgment, California law treats you as a single person for all legal purposes. However, several administrative steps remain. Update your estate plan (will, trust, power of attorney, healthcare directive) within 30 days to remove your former spouse as beneficiary or agent. Notify the Social Security Administration if you changed your name. Update your driver's license at the DMV (Form DL-44, no fee for name change with court order). Change beneficiary designations on life insurance, retirement accounts, and bank accounts. Close or remove your former spouse from joint credit cards and bank accounts. If a QDRO was ordered, submit it to the retirement plan administrator promptly since many plans require processing within 90 days of judgment.
If your judgment includes a real property transfer, record the interspousal transfer deed with the county recorder in the county where the property is located. California exempts interspousal property transfers from reassessment under Proposition 19 limitations, but you should confirm the exemption applies to your situation with the county assessor's office.
Frequently Asked Questions
How long does a divorce take in California?
The minimum time for a California divorce is 6 months and 1 day from the date the respondent is served, as mandated by Cal. Fam. Code § 2339. Uncontested divorces where both spouses agree on all terms typically finalize in 7 to 9 months total. Contested cases involving custody disputes, complex property division, or trial preparation average 12 to 18 months. California's waiting period is the longest mandatory minimum in the United States and cannot be waived by either party or the court.
How much does a divorce cost in California?
The filing fee for a California divorce petition is $435 as of March 2026, and the respondent pays an additional $435 to file a response. An uncontested divorce without an attorney costs approximately $500 to $1,500 total. An uncontested divorce with attorney assistance runs $3,500 to $9,000. A contested divorce proceeding to trial costs $20,000 to $60,000 or more in attorney fees alone. Fee waivers are available through Form FW-001 for low-income filers. As of March 2026. Verify with your local clerk.
What is the new Joint Petition option under SB 1427?
Effective January 1, 2026, SB 1427 allows California spouses to file a single Joint Petition for Dissolution together, eliminating the need for separate filing, formal service, and a response. Unlike summary dissolution, the joint petition has no restrictions on marriage length, number of children, or property and debt amounts. The filing fee is approximately $435. Both spouses must agree on all terms before filing. This option is ideal for couples who have already negotiated a complete settlement.
Is California a 50/50 divorce state?
Yes. California is a community property state that requires courts to divide all community property equally (50/50) under Cal. Fam. Code § 2550. Community property includes all assets and debts acquired during the marriage while living in California under Cal. Fam. Code § 760. Separate property (owned before marriage, received as a gift, or inherited) is not divided. California is one of only 9 community property states in the United States, and its equal division rule is among the strictest.
What documents do I need for a California divorce?
California requires a Preliminary Declaration of Disclosure within 60 days of filing under Cal. Fam. Code § 2104. Required documents include 2 years of federal and state tax returns, 3 months of pay stubs, 12 months of bank and investment account statements, current mortgage statements, vehicle titles, insurance policies, and all debt statements. You also need a certified copy of your marriage certificate, government-issued ID, Social Security cards, and any prenuptial agreements. Failure to disclose assets can result in the court awarding 100% of the hidden asset to the other spouse.
How is child support calculated in California?
California uses a statewide guideline formula under Cal. Fam. Code § 4055, updated by SB 343 (effective September 1, 2024). The formula uses each parent's net monthly disposable income and the percentage of custodial time with each parent. For a household with $10,000 combined net monthly income and a 70/30 custody split, guideline support for one child is approximately $1,500 to $2,000 per month. The court uses DissoMaster software to calculate the exact amount. Parents can agree to a different amount, but the court must find that the child's needs are adequately met.
Can I get alimony in California?
California courts may award spousal support based on 14 factors listed in Cal. Fam. Code § 4320, including the marital standard of living, each spouse's earning capacity, the length of the marriage, and documented domestic violence. For marriages under 10 years, support typically lasts up to half the duration of the marriage. For marriages of 10 or more years, the court retains indefinite jurisdiction over support under Cal. Fam. Code § 4336. The goal of spousal support is to make the supported spouse self-supporting within a reasonable period.
Do I need an attorney for a California divorce?
California does not require an attorney for divorce, and the court self-help center at selfhelp.courts.ca.gov provides free forms, instructions, and workshops. Approximately 80% of family law cases in California have at least one self-represented party. However, attorney representation is strongly recommended when the case involves significant assets (over $100,000), business ownership, custody disputes, domestic violence, or complex separate property tracing. An attorney consultation typically costs $250 to $500 for an initial meeting.
What happens to the house in a California divorce?
The family home is community property if purchased during the marriage with marital funds, and Cal. Fam. Code § 2550 requires equal division of its equity. Common options include selling the home and splitting the proceeds 50/50, one spouse buying out the other's equity share (requiring refinancing within a court-ordered timeframe, typically 6 to 12 months), or deferred sale (under Cal. Fam. Code § 3800) to allow minor children to remain in the home until a triggering event such as the youngest child turning 18.
How do I protect myself financially during a California divorce?
The Summons (Form FL-110) automatically imposes restraining orders (ATROs) preventing both spouses from transferring, selling, or hiding community assets from the moment of service. Open individual bank accounts and establish personal credit immediately after separation. Document all community assets with photographs, account statements, and appraisals. Monitor joint accounts for unusual withdrawals. California courts can impose sanctions and award a greater share of community property to the innocent spouse if one party dissipates assets during the divorce under Cal. Fam. Code § 1101.