California Divorce Checklist

divorce.law/resources/divorce-checklist/california/

Prepared: 5/21/2026

Data updated: 3/1/2026

Estimated Timeline

6 months minimum for uncontested divorces (due to mandatory waiting period under Family Code § 2339), typically 8-10 months for default cases, 9-12 months for uncontested with agreement, and 18-36 months for contested cases that go to trial in California

Documents to Gather

Certified copy of marriage certificate
Birth certificates for all minor children
Valid California driver's license or state ID
Prenuptial or postnuptial agreement(if applicable)
Existing court orders (custody, support, restraining orders)(if applicable)
Social Security numbers for both spouses and all children
Immigration documents(if applicable)

Financial Documents

Last 2 years of federal and state tax returns
Last 2-3 months of pay stubs
Bank statements for all accounts (last 12 months)
Investment and brokerage account statements
Retirement account statements (401k, IRA, pension, 403b)
Real estate documents (deeds, mortgage statements, appraisals)
Vehicle titles, registration, and loan documents
Business ownership documents(if applicable)
Credit card and consumer debt statements
Life insurance, health insurance, and disability insurance policies
Stock option and restricted stock unit (RSU) documentation(if applicable)

Key Steps

1. Before Filing

Verify California Residency Requirements
Gather Essential Personal and Financial Documents
Consider Safety Planning for Domestic Violence Situations
Research Filing Fee and Fee Waiver Eligibility

2. Filing Process

Complete the Petition for Dissolution of Marriage
File the Petition and Summons with the Superior Court
Prepare and Serve Preliminary Declaration of Disclosure

3. After Filing

Serve Your Spouse with the Filed Petition and Summons
Wait for Respondent's Response or Request Default
Exchange Respondent's Preliminary Declaration of Disclosure
Attend Mandatory Child Custody Mediation If Applicable
Negotiate Settlement or Prepare for Trial
Complete Final Declaration of Disclosure or Waiver
Prepare and Submit Judgment for Court Approval

Key Deadlines

Respondent must file Response (Form FL-120)30 calendar days after service

Petitioner must serve Preliminary Declaration of DisclosureWithin 60 days of filing the Petition

Respondent must serve Preliminary Declaration of DisclosureWithin 60 days of filing the Response

Mandatory waiting period expires6 months and 1 day from date of service or respondent's first appearance

ATROs take effect for PetitionerImmediately upon filing the Petition

Final Declaration of Disclosure or Waiver dueBefore judgment is entered

Request for Order (temporary orders) hearingTypically 20-25 days after filing, varies by county

Quick Reference

To file for divorce in California, you must meet residency requirements of six months in the state and three months in the filing county under Family Code § 2320. Begin by completing Form FL-100 (Petition), Form FL-110 (Summons), and Form FL-105 (if children are involved), then file with the Superior Court and pay the $435 filing fee. Fee waivers are available via Form FW-001. Have someone over 18 who is not a party serve your spouse, then file Proof of Service (Form FL-115). Your spouse has 30 days to file a Response (Form FL-120). Both parties must exchange Preliminary Declarations of Disclosure (Forms FL-140, FL-150, FL-142) within 60 days of filing. Automatic Temporary Restraining Orders take effect immediately under Family Code § 2040, preventing either spouse from transferring property, changing insurance, or removing children from the state. If custody is contested, mediation is mandatory under Family Code § 3170. The earliest your divorce can be finalized is six months and one day after service under Family Code § 2339. Submit judgment (Form FL-180) and Notice of Entry (Form FL-190) once the waiting period expires. Uncontested cases typically take 8-10 months total; contested cases may take 18-36 months.