Divorce Checklist for California

Under California Family Code § 2320, at least one spouse must have been a resident of California for six months and a resident of the county where you plan to file for at least three months immediately before filing the petition. You will need to establish domicile through documentation such as a driver's license, voter registration, utility bills, or tax returns showing your California address. If you do not yet meet the residency requirement, you may file for legal separation instead, which has no residency prerequisite, and later amend the petition to request dissolution once the residency threshold is met. The court may dismiss your case if the respondent challenges residency within 30 days of service, so gather strong evidence of continuous California residency before filing. Same-sex couples married in California may file even if neither spouse currently resides in the state, provided certain conditions under Family Code § 2320(b) are satisfied.

Before filing your petition, compile all critical documents you will need throughout the divorce process, including your original or certified copy of your marriage certificate. California requires extensive financial disclosure under Family Code § 2100 et seq., so begin collecting bank statements, investment account records, retirement account statements, real estate documents, vehicle titles, and business records now. You will also need your last two years of federal and state tax returns, recent pay stubs covering at least two months, and documentation of all debts including credit cards, mortgages, student loans, and personal loans. If you have children, gather their birth certificates, school enrollment records, health insurance information, and any existing custody or support orders from prior proceedings. Organizing these documents early prevents delays when you must complete the mandatory preliminary declaration of disclosure within 60 days of filing.

If you are experiencing domestic violence, create a safety plan before filing for divorce. Filing can escalate abusive behavior, so take precautions to protect yourself and your children. California Family Code § 6300 allows you to request a Domestic Violence Restraining Order (DVRO) using form DV-100, which can be obtained the same day you file without notifying your spouse in advance. The court can order your spouse to move out of the family home, grant you temporary custody of your children, and prohibit contact. Under Family Code § 3170, courts provide special accommodations during mandatory child custody mediation for domestic violence cases, including separate sessions and staggered arrival times. The California Partnership to End Domestic Violence (CPEDV) at 1-800-VICTIMS provides 24-hour crisis support, safety planning assistance, and shelter referrals. Document all incidents of abuse with photographs, medical records, and police reports, and store this evidence outside the home.

The filing fee for a California divorce petition is $435 as of 2026, and the respondent pays an identical $435 fee to file a response. These fees may vary slightly by county and are subject to periodic adjustment. If you cannot afford the filing fee, California provides a fee waiver process under Government Code § 68631. Complete Form FW-001 (Request to Waive Court Fees) and submit it with your petition. You are automatically eligible for a fee waiver if you receive public benefits such as Medi-Cal, food stamps (CalFresh), SSI, SSP, CalWORKs, CAPI, or county general relief. You may also qualify if your monthly household income falls at or below 125% of the federal poverty guidelines. The court will review your request and issue Form FW-003 granting or denying the waiver, typically within five business days. If denied, you may request a hearing to reconsider by filing Form FW-006 within 10 days.

Fill out Form FL-100 (Petition — Marriage/Domestic Partnership), the foundational document that initiates your divorce case. On this form, you will state the date and location of your marriage, the date of separation, and the grounds for dissolution. California is a no-fault divorce state under Family Code § 2310, meaning you only need to cite 'irreconcilable differences' as the reason for divorce. The petition also asks you to specify the relief you are requesting, including property division, spousal support, child custody, child support, and attorney fees. Be thorough in your requests because in a default judgment, the court can only grant orders that were specifically requested in the petition. If you have minor children, you must also complete Form FL-105 (Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act), which establishes California's jurisdiction over custody matters under Family Code § 3400 et seq.

File your completed Form FL-100 (Petition), Form FL-110 (Summons), and Form FL-105 (if children are involved) with the clerk of the Superior Court in the county where you or your spouse resides. Bring at least two extra copies of each form — one for your records and one to serve on your spouse. The clerk will stamp your documents with the filing date and assign a case number that you must use on all future filings. The filing fee is $435, payable by cash, check, money order, or credit card depending on the county. If you filed Form FW-001 and received a fee waiver, present your approved Form FW-003. Many California counties now offer e-filing through their court websites, which allows you to file documents electronically from home. The Summons (Form FL-110) contains Automatic Temporary Restraining Orders (ATROs) under Family Code § 2040, which bind you immediately upon filing and bind your spouse upon service.

Under California Family Code § 2104, the petitioner must serve a preliminary declaration of disclosure on the respondent at the same time as the petition or within 60 days of filing. Complete Form FL-140 (Declaration of Disclosure), Form FL-150 (Income and Expense Declaration), and Form FL-142 (Schedule of Assets and Debts). Attach your last two years of tax returns and at least two months of pay stubs to the disclosure package. The FL-150 must be current, meaning it must be completed within the past three months. The FL-142 requires you to list every asset and debt — community, quasi-community, and separate — with supporting documentation such as account statements and property appraisals. These disclosure documents are served on your spouse but are not filed with the court. Instead, you file Form FL-141 (Declaration Regarding Service of Declaration of Disclosure) to confirm that you served the disclosures. Failure to provide complete disclosures can result in sanctions or the judgment being set aside.

California law requires that you formally serve your spouse with copies of the filed Petition (FL-100), Summons (FL-110), and a blank Response form (FL-120). Under Code of Civil Procedure § 415.10, you cannot serve the papers yourself — service must be completed by any person over 18 who is not a party to the case, such as a friend, relative, professional process server, or the county sheriff. Personal service involves physically handing the documents to your spouse. Alternatively, under Code of Civil Procedure § 415.30, you may use service by Notice and Acknowledgment of Receipt (Form FL-117), where your spouse signs an acknowledgment that they received the documents by mail. After service is completed, the server must fill out and sign the Proof of Service of Summons (Form FL-115) detailing the date, time, and location of service. File the completed FL-115 with the court. The six-month waiting period under Family Code § 2339 begins on the date of service.

After proper service, your spouse has 30 calendar days to file a Response (Form FL-120) with the court and pay the $435 response filing fee. If your spouse files a response, the case becomes contested or uncontested depending on whether you agree on all issues. If your spouse does not file a response within 30 days, you may file a Request to Enter Default (Form FL-165), which asks the court to proceed without the respondent's participation. Under Code of Civil Procedure § 585, a default means the respondent forfeits the right to present evidence, request orders, or participate in the case. In a default, the court can only grant the specific orders requested in your original petition, so ensure your FL-100 included everything you want. Your spouse may also file Form FL-130 (Appearance, Stipulations, and Waivers) instead of a formal response, which indicates agreement with the petition's terms and allows the case to proceed as uncontested.

If the respondent files a response, they must serve their own preliminary declaration of disclosure on the petitioner within 60 days of filing the response, pursuant to California Family Code § 2104. The respondent completes the same disclosure package: Form FL-140, Form FL-150, Form FL-142, and two years of tax returns. Both parties have a continuing fiduciary duty under Family Code § 1100 to disclose all material facts related to community assets, debts, income, and expenses. If either party's financial circumstances change significantly after the initial disclosure, they must promptly serve updated forms. The respondent must also file Form FL-141 with the court confirming service of their disclosures. No judgment of dissolution can be entered until both parties have served preliminary disclosures or the court has entered a default, per Family Code § 2105. Failure to provide accurate disclosures can result in monetary sanctions, attorney fee awards, or the entire judgment being set aside for fraud.

If you and your spouse have minor children and cannot agree on custody or visitation arrangements, California Family Code § 3170 requires mandatory mediation before the court will hear any contested custody or visitation motion. The court will schedule mediation through its Family Court Services or Child Custody Recommending Counseling program. Mediators are trained professionals with at least a master's degree in psychology, counseling, or a related field, who must screen for domestic violence and substance abuse issues. In 'recommending' counties such as San Diego, Riverside, and San Bernardino, the mediator can submit custody recommendations to the judge if parents cannot agree. In 'non-recommending' counties such as Orange County, the mediator facilitates discussion but does not make recommendations. If domestic violence is present, you may request separate mediation sessions with staggered arrival and departure times under Family Code § 3181. The mediation is confidential and free of charge through the court.

California strongly encourages settlement through negotiation, mediation, or collaborative divorce rather than trial. If both spouses can agree on all issues — property division, spousal support, child custody, and child support — you draft a Marital Settlement Agreement (MSA) that becomes part of the final judgment. California is a community property state under Family Code § 760, meaning all assets and debts acquired during the marriage are presumed to be owned equally and must be divided equally unless the parties agree otherwise. Spousal support is determined under Family Code § 4320, which lists 14 factors the court considers including length of marriage, each spouse's earning capacity, and standard of living during the marriage. Child support follows the statewide guideline formula under Family Code § 4055, calculated using both parents' incomes, timeshare percentages, and tax filing status. If you cannot reach agreement, the case proceeds to trial where a judge makes binding decisions on all disputed issues after hearing evidence and testimony from both parties.

Before the court can enter a final judgment, both parties must either serve a final declaration of disclosure or mutually agree to waive it under California Family Code § 2105. The final disclosure updates the preliminary disclosure with any changes to income, assets, or debts that occurred during the case. If both parties agree to waive the final disclosure, they must each sign Form FL-144 (Stipulation and Waiver of Final Declaration of Disclosure) and file it with the court. The waiver is only available in cases resolved by agreement — if the case proceeds to trial, both parties must serve final disclosures before the trial date. Each party files a separate Form FL-141 confirming service of the final disclosures or attaching the signed FL-144 waiver. The court will reject the judgment if the FL-141 confirming both preliminary and final disclosures (or waivers) is not on file. This step ensures that both parties have had full access to all material financial information before the marriage is dissolved.

After the six-month waiting period under Family Code § 2339 has elapsed from the date of service, you may submit the final judgment package to the court for approval. Complete Form FL-180 (Judgment) and attach any applicable supplemental forms: FL-341 (Child Custody and Visitation Order Attachment), FL-342 (Child Support Information and Order Attachment), FL-343 (Spousal Support Order Attachment), and FL-345 (Property Order Attachment). For default or uncontested cases, also include Form FL-170 (Declaration for Default or Uncontested Dissolution). Include the Notice of Entry of Judgment (Form FL-190), which the court will stamp and mail to both parties once the judge signs the judgment. Submit your complete judgment packet with all required attachments to the court clerk for review. The court typically processes judgment packets within 30 to 90 days depending on the county and complexity. Once the judge signs the judgment and the FL-190 is served, your divorce is final and your marital status officially terminates.