CALIFORNIA DIVORCE GUIDE

How to File for Divorce in California
Without a Lawyer

Filing for divorce in California without an attorney costs $435-$450 in court fees. You must meet the residency requirement of 6 months in California, 3 months in filing county. California is a community property state with a 6 months waiting period. An uncontested divorce typically takes 6-8 months. Victoria AI guides you through every step with California-specific instructions.

$435-$450
Filing Fee
6 months
Waiting Period
6 months in California
Residency
6-8 months
Timeline

Last updated: February 1, 2026 • Reviewed by Divorce.law Legal Team

California Divorce Requirements at a Glance

Filing Fee$435-$450 (Filing fee varies by county. Los Angeles County: $435. San Francisco: $450. Orange County: $435.)
Residency Requirement6 months in California, 3 months in filing county
Waiting Period6 months
Property DivisionCommunity Property (50/50)
Grounds for DivorceIrreconcilable differences, Incurable insanity
No-Fault Only?Yes
Uncontested Timeline6-8 months
Contested Timeline1-3 years
Fee Waiver Available?Yes
~140,000
Divorces per year in California
~72%
Pro se filers
8 months (uncontested)
Average duration
$435
Median filing fee

California Residency Requirements

To file for divorce in California, you must meet the following residency requirement: 6 months in California, 3 months in filing county.

You must have lived in California for at least 6 months AND in the county where you're filing for at least 3 months before filing your divorce petition. Military members stationed in California can also file here.

Tip: Victoria AI can help you determine if you meet California's residency requirements and guide you through the documentation needed to prove residency.

How to File for Divorce in California: Step-by-Step

Follow these steps to file for divorce in California without an attorney. Victoria AI guides you through each step with state-specific instructions.

STEP 1

Meet Residency Requirements

You must have lived in California for at least 6 months AND in the county where you're filing for at least 3 months before filing your divorce petition. Military members stationed in California can also file here.

STEP 2

Gather Required Forms

Download the official California divorce forms: Petition—Marriage/Domestic Partnership, Summons (Family Law), Declaration Under UCCJEA. All forms are available from the California courts website.

STEP 3

Complete Your Petition

Fill out the divorce petition (FL-100) with your information, grounds for divorce, and what you're requesting (property division, custody, support).

STEP 4

File with the Court

File your completed petition with the California court and pay the filing fee of $435-$450. Fee waivers are available if you qualify financially.

STEP 5

Serve Your Spouse

Properly serve your spouse with the divorce papers according to California rules. Options typically include sheriff service, process server, or certified mail with acknowledgment.

STEP 6

Complete Financial Disclosure

Exchange mandatory financial disclosure documents as required by California law. This typically includes income verification, tax returns, bank statements, and a sworn financial affidavit.

STEP 7

Wait for Response & Complete Waiting Period

California has a mandatory 6-month waiting period from the date your spouse is served with divorce papers. Your divorce cannot be finalized until this period ends, regardless of whether you agree on everything.

STEP 8

Finalize Your Divorce

Submit your final judgment to the court. For uncontested divorces in California, this typically takes 6-8 months. The court will issue your final divorce decree.

Required Forms for California Divorce

These are the primary forms you'll need to file for divorce in California. Victoria AI guides you through completing each form correctly.

Petition—Marriage/Domestic Partnership

FL-100

Initiates the divorce case

Summons (Family Law)

FL-110

Notifies spouse of legal action

Declaration Under UCCJEA

FL-105

Required if you have children

Property Declaration

FL-160

Lists all assets and debts

Income and Expense Declaration

FL-150

Financial disclosure form

Judgment

FL-180

Final divorce decree

California Divorce Costs & Filing Fees

The filing fee to start a divorce in California is $435-$450. Filing fee varies by county. Los Angeles County: $435. San Francisco: $450. Orange County: $435.

Cost TypeAmount
Court Filing Fee$435-$450
Service of Process$50-$100 (varies by method)
Certified Copies$5-$25 per copy
Total DIY Uncontested$500-$1,500 (uncontested DIY)

Fee Waiver Available in California

If you cannot afford the filing fee, California offers fee waivers for qualifying individuals. You'll need to complete a fee waiver application demonstrating financial hardship. This typically requires showing income below a certain threshold (often 125-200% of federal poverty guidelines) or receiving public assistance benefits.

Victoria can help: Our AI guides you through the fee waiver application process and helps you gather the required documentation.

Serving Your Spouse in California

After filing your divorce petition in California, you must legally "serve" your spouse with the divorce papers. This ensures they receive official notice of the divorce and have an opportunity to respond.

Acceptable Methods of Service in California

Personal Service

A sheriff, constable, or private process server personally delivers the papers to your spouse. Most reliable method.

Certified Mail

Papers sent via certified mail with return receipt requested. Your spouse must sign to acknowledge receipt.

Acceptance of Service

Your spouse voluntarily signs an acknowledgment that they received the papers. Fastest and cheapest option if cooperative.

Service by Publication

If your spouse cannot be located, you may be able to publish notice in a newspaper. Requires court approval.

Important: Proof of Service

You must file proof of service with the court showing your spouse was properly served. Without valid proof of service, your divorce cannot proceed. California courts are strict about service requirements.

Property Division in California

Community Property State

California is a community property state.

California is a community property state. All assets and debts acquired during marriage are presumed to be owned 50/50 by both spouses and must be divided equally. Separate property (owned before marriage or received as gift/inheritance) remains with the original owner.

Victoria's Financial Tools: Our AI-powered financial tools help you identify, categorize, and value marital assets. Victoria can help you understand how California law applies to your specific property.

Child Support in California

California uses the Income shares model using DissoMaster or XSpouse software.

California uses a complex formula that considers both parents' net disposable income, timeshare percentage, tax filing status, and mandatory deductions. Courts use DissoMaster or XSpouse software to calculate guideline support.

Spousal Support Factors in California

  • Length of the marriage
  • Each party's earning capacity
  • Standard of living during marriage
  • Domestic violence history
  • Age and health of both parties
  • Needs and ability to pay

California Divorce Timeline: What to Expect

Understanding the timeline helps you plan and set realistic expectations for your California divorce.

Uncontested Divorce

6-8 months

When both spouses agree on all terms including property division, custody, and support. This is the fastest and least expensive option.

Contested Divorce

1-3 years

When spouses cannot agree and need court intervention to resolve disputes. Involves hearings, discovery, and potentially trial.

Typical California Divorce Timeline (Uncontested)

1

File Petition

Day 1 - Submit your divorce paperwork and pay the $435-$450 filing fee

2

Serve Your Spouse

Within 30 days - Ensure proper legal service of divorce papers

3

Response Period

20-30 days - Your spouse has time to file a response

4

Waiting Period

6 months - California has a mandatory 6-month waiting period from the date your spouse is served with divorce papers. Your divorce cannot be finalized until this period ends, regardless of whether you agree on everything.

5

Final Judgment

Court issues your final divorce decree

Speed up your divorce: Victoria AI helps you complete forms correctly the first time, avoiding delays from rejected paperwork. Our checklists ensure you don't miss any steps or deadlines.

What Makes California Divorce Unique

True 50/50 community property division

Mandatory 6-month waiting period (no exceptions)

Date of separation is critical for asset division

Domestic partnership dissolution uses same process

Automatic temporary restraining orders (ATROs) when case is filed

Key California Divorce Laws

  • Family Code §2310-2313Grounds for Dissolution
  • Family Code §760-761Community Property Definition
  • Family Code §4050-4076Child Support Guidelines
  • Family Code §2100-2113Disclosure Requirements

California Divorce FAQ

Common questions about filing for divorce in California without an attorney.

Victoria AI Knows California Divorce Law

Get 24/7 guidance specific to California's forms, procedures, and requirements.

California-specific forms

Guidance through every required form

Financial disclosure wizard

Complete your financial affidavit step-by-step

Child support calculator

Using California's exact guidelines

AI document drafting

Create properly formatted legal documents

Evidence notebook

Organize and categorize case documents

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Not Legal Advice

Victoria provides legal information, not legal advice. For advice specific to your case, consult an attorney.

Official Sources

All California divorce information verified from official state court sources.

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