Divorce Resources in California: Court Forms, Legal Aid & Filing Guide

To file for divorce in California, you must meet the residency requirement under Family Code § 2320: at least one spouse must have lived in California for the last 6 months and in the filing county for the last 3 months. California is a no-fault divorce state under Family Code § 2310, meaning you need only cite irreconcilable differences as the ground for dissolution. Begin by completing the Petition (FL-100) and Summons (FL-110). If you have children under 18, you must also complete the Declaration Under UCCJEA (FL-105). File these forms with the clerk of the Superior Court in your county and pay the $435 filing fee, or submit a fee waiver request (FW-001) if you qualify.

After filing, you must arrange for someone other than yourself—at least 18 years old—to personally serve the Summons and Petition on your spouse. The server completes the Proof of Service of Summons (FL-115) and files it with the court. Your spouse then has 30 days to file a Response (FL-120) and pay the $435 response fee. Under Family Code § 2104, both parties must exchange Preliminary Declarations of Disclosure (FL-140) with the Income and Expense Declaration (FL-150) and Schedule of Assets and Debts (FL-142). The petitioner must serve disclosure within 60 days of filing; the respondent within 60 days of filing their response.

Under Family Code § 2339, no divorce judgment may become final until six months and one day after the date of service of the Summons or the respondent's first appearance in the case, whichever occurs first. During this mandatory waiting period, the parties negotiate settlement terms or proceed to trial on contested issues. If children are involved and custody or visitation is disputed, Family Code § 3170 requires mandatory mediation through Family Court Services before a judge will hear the matter. Once all issues are resolved, submit the Judgment (FL-180) and any required attachments to the court for the judge's signature to finalize the dissolution.

California does not impose a blanket statewide mandate requiring all divorcing parents to complete a parenting education course. However, Family Code §§ 3200–3204 authorize individual county courts to order parent education programs when children under 18 are involved in a dissolution proceeding. Many California counties—including Los Angeles, Orange, San Diego, and Sacramento—routinely require both parents to complete a court-approved parenting class covering child development, co-parenting communication, and the emotional impact of divorce on children. The course typically runs four hours and may be completed online in counties that accept distance learning. A certificate of completion must be filed with the court. If a parent fails to complete the required class, the judge may decline to finalize the divorce or hold the parent in contempt of court. Check with your county's Family Court Services division for specific local requirements.

Under Family Code § 3170, California courts must order mandatory mediation through Family Court Services whenever child custody or visitation appears contested in a petition, response, or motion. Mediation must occur before a judge will hold a contested hearing on custody or parenting time issues. Every county Superior Court is required under Family Code § 3160 to provide a mediator for these disputes. Some counties operate as "recommending" counties, where the mediator submits a written recommendation to the judge; others are "non-recommending," where mediation is purely facilitative. In domestic violence cases, mediation follows a separate Judicial Council–approved protocol with safety accommodations under Family Code § 3170(b). Many counties offer low-cost or free court-sponsored mediation for families with limited resources. The goal is to help parents reach agreement on custody and visitation in the child's best interest without a contested hearing. Private mediation is also available as an alternative for resolving property and support issues, though it is not mandated by statute.

Under Family Code § 2104, both parties in a California divorce must exchange Preliminary Declarations of Disclosure, completed under penalty of perjury, early in the case. The petitioner must serve disclosure within 60 days of filing the petition; the respondent must serve within 60 days of filing the response. Required documents include the Declaration of Disclosure (FL-140), Income and Expense Declaration (FL-150), Schedule of Assets and Debts (FL-142), copies of the last two years of tax returns, and information about all community and separate assets, debts, income, and investment opportunities since the date of separation. Disclosure documents are served on the other party but not filed with the court—only the Declaration Regarding Service (FL-141) is filed to confirm compliance. Under Family Code § 2105, a Final Declaration of Disclosure is also required before judgment, though both parties may mutually waive the final disclosure in writing. The preliminary disclosure cannot be waived. Failure to comply may result in monetary sanctions, attorney fee awards, or the court setting aside the judgment under Family Code § 2107.