Divorce can be emotionally challenging—but understanding the paperwork shouldn't be. If you're planning to end your marriage or domestic partnership in California, knowing which divorce documents to fill out and the steps to getting a divorce is crucial. This guide covers the entire divorce process, including which divorce papers to download, how to file them, and what to expect next.
Understanding Divorce in California
California is a no-fault divorce state, which means you don’t need to prove wrongdoing by either spouse. You simply cite “irreconcilable differences” as the reason for ending the marriage or domestic partnership.
Whether you're seeking legal separation or full dissolution of marriage, the process typically involves filing forms, serving documents, disclosing finances, and—if you have minor children—addressing child custody and visitation under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA).
Residency Requirements for Divorce in California
Before filing, make sure you meet the residency requirements:
- You or your spouse must have lived in California for the last six months.
- You must also have lived in the filing county for at least three months.
If you don’t meet these requirements yet, consider filing for legal separation first, then amending the case later to a divorce.
Steps of Filing Divorce in California
Filing for divorce in California involves several key steps:
- Fill Out the Required Forms
- File With the Court
- Serve the Papers
- Respond (if applicable)
- Disclose Finances
- Request Judgment or Attend Court Hearings
- Finalize the Divorce
Let’s break down each of these steps.
Step 1: Fill Out the Required Divorce Forms
The forms you’ll need depend on whether you have children, how long you’ve been married, and whether both parties agree on terms. Here are the standard starting forms:
- FL-100 (Petition for Dissolution of Marriage or Domestic Partnership)
- FL-110 (Summons)
- FL-105 (UCCJEA Declaration) – if children are involved
- FL-115 (Proof of Service of Summons)
- FL-120 (Response) – for the other spouse if responding
You can find and download divorce documents (PDF) from the California Courts Self-Help site.
Step 2: File the Forms With the Court
Once completed, take your forms to your local family court clerk. You'll need:
- Two copies of each form (original and copy)
- Payment for the filing fee (typically around $435)
- A Fee Waiver (FW-001) form if you can't afford the fee
Once filed, the clerk will stamp your documents and assign a case number.
Step 3: Serve the Divorce Papers
You must serve your spouse (or domestic partner) with copies of the divorce documents:
- Use a third party over 18 who is not involved in the case
- They must complete a Proof of Service (FL-115) form
- This establishes that your spouse has been officially notified
Serving documents properly is crucial. Without a valid proof of service of summons, your case cannot move forward.
Step 4: The Response Process
Your spouse has 30 days from the date of service to respond using the FL-120 Response form.
There are three possible outcomes:
- No response: You may proceed with a default divorce
- Uncontested: Your spouse agrees with your terms
- Contested: Your spouse disagrees, and the case proceeds to negotiation or court
Step 5: Disclose Financial Information
Both parties are required to exchange complete and honest financial disclosures:
- FL-142 (Schedule of Assets and Debts)
- FL-150 (Income and Expense Declaration)
This helps in fairly dividing property, determining spousal support, and resolving child support issues. Even if your spouse doesn’t respond, you still must complete your disclosures.
Step 6: Request Judgment or Attend a Hearing
If both parties agree on all terms (property division, custody, support), you may file a judgment packet without attending court. Include:
- FL-180 (Judgment)
- FL-170 (Declaration for Default or Uncontested Dissolution)
- Parenting plan (if applicable)
For contested cases, the court will set a hearing or trial date, where a judge makes the final decision.
Step 7: Finalizing the Divorce
California has a mandatory six-month waiting period from the day your spouse is served before the divorce is final-even if all forms are complete.
You are not officially divorced until the court signs the judgment and the six-month period has passed.
Once complete, you’ll receive:
- A filed Judgment of Dissolution
- Orders regarding child custody and visitation
- Orders regarding spousal and child support
Where to Get California Divorce Papers
You can download divorce papers for free in PDF format from:
- California Courts Divorce Forms Page
- Local county court websites (e.g., Orange County, Los Angeles County)
- Self-help centers or law libraries
Some counties offer form packets which group all necessary forms for your situation.
Common Mistakes to Avoid
Filing for divorce without an attorney is possible, but mistakes can lead to delays or rejections. Be cautious of:
- Incorrect or incomplete financial disclosures
- Not serving documents correctly
- Skipping forms required for your situation
- Using outdated forms
When in doubt, contact your local Family Law Facilitator for help.
Divorce for Domestic Partners
The process for dissolving a registered domestic partnership in California is similar to divorce. However, if you meet specific criteria (e.g., no children, under 5 years together, low asset/debt levels), you may qualify for Summary Dissolution—a faster and easier process.
For Summary Dissolution:
- Use FL-810 (Summary Dissolution Information Booklet)
- File a Joint Petition (FL-800)
Divorce With Children
If you have children under 18, additional forms are required to address:
- Custody and visitation
- Child support calculations using California guidelines
- Compliance with the UCCJEA
Parents must usually complete a Parenting Plan and may be required to attend mediation through the court.
Legal Separation vs. Divorce
Legal separation follows nearly the same form-filing process but doesn’t end the marriage. Reasons people choose this route include:
- Not meeting the residency requirement
- Religious or financial considerations
- Maintaining benefits such as health insurance
You can later amend a legal separation into a divorce if you choose.
Frequently Asked Questions
No. Many people successfully file on their own using the court's Self-Help Centers or online tools.
At least 6 months after service of papers. Contested cases may take longer.
Yes, if you qualify for Summary Dissolution.
You can request permission from the court for service by publication or posting.
Yes. Some counties provide translated resources, but the court forms must be completed in English.
Get Started With Confidence
The steps of filing divorce in California may seem overwhelming, but with access to official divorce documents PDF downloads and clear guidance, you can manage the process—even without a lawyer. Whether you’re navigating spousal support, dividing property, or arranging child custody, being informed is your best tool.
Start by visiting California’s Self-Help Divorce Guide, and gather the required divorce docs. You can also visit your county’s family law division or ask a Family Law Facilitator for support.
With the right forms and a careful approach, you can take this next step toward closure and a fresh start.