Filing for Divorce in California: Everything You Need to Know

Divorce is never easy, but understanding the legal process in California can make it more manageable. Whether you're considering filing or already made the decision, it's essential to know the steps, requirements, and potential pitfalls involved in filing for divorce in California. This guide breaks down the process of divorce, including how to file, what paperwork you need, and how property and support are handled under California family law.

1. Residency Requirements to File for Divorce in California

Before you can begin the divorce process in California, you must meet the residency requirements set by the state. According to California Family Code, either you or your spouse (or domestic partner) must have:

• Lived in California for at least six months prior to filing
• Lived in the county where you plan to file for at least three months

If you don’t meet these criteria, you may have to wait or consider filing for a legal separation first, which does not have the same residency restrictions.

2. The Divorce Process: Step by Step

The process of divorce in California generally follows a clear sequence, though it may vary depending on your specific situation. Here’s a simplified breakdown:

1. Fill Out Divorce Papers – Start with a Petition (Form FL-100), Summons (FL-110), and if needed, Property Declaration (FL-160).
2. File the Papers with the Court – Submit your completed forms to the Family Law division of your county Superior Court.
3. Serve the Papers to Your Spouse – Have a third party (not you) deliver the forms to your spouse.
4. Wait for a Response – Your spouse has 30 days to respond after being served.
5. Financial Disclosures – Both parties must exchange financial information, including assets, debts, income, and expenses.
6. Negotiations or Mediation – If there are disagreements over custody, support, or property division, you may need mediation.
7. Judgment and Finalization – If all goes well, the court will issue a divorce judgment. A minimum six-month waiting period applies before the divorce becomes final.

Even if your spouse does not respond, you can still move forward with a default divorce.

3. Filing for Divorce: Required Forms and Documents

When filing for divorce in California, paperwork is a critical part of the process. Depending on your circumstances- especially if children or shared property are involved- you may need to submit additional forms. Core documents include:

• Petition – FL-100
• Summons – FL-110
• Declaration Under UCCJEA – FL-105 (if you have children)
• Property Declaration – FL-160
• Income and Expense Declaration - FL-150

You can find and fill out these forms on the California Courts Self Help website. Filing fees range between $435 to $450, though fee waivers are available if you can’t afford them.

4. Property and Debt Division

California is a community property state, which means that assets and debts acquired during the marriage or domestic partnership are typically split 50/50. This includes:

• Bank accounts
• Retirement accounts
• Real estate
• Vehicles
• Credit card debt

You and your spouse can agree on how to divide property, or the court will decide for you. Property you owned before the marriage, or received via inheritance or gift, is usually considered separate property and not subject to division.

5. Spousal Support and Temporary Orders

When you file for divorce, you can request temporary orders for financial support, child custody, or protection (such as a restraining order in cases of domestic violence). Spousal support, also called alimony, may be ordered based on factors like:

• Length of the marriage
• Each spouse's earning capacity
• Standard of living during the marriage
• Contributions to each other’s education or career

Temporary spousal support can be ordered while the divorce is pending, and long-term support may be included in the final divorce judgment.

6. Child Custody and Support

If you have children, divorce automatically includes decisions about custody and child support. California law prioritizes the best interests of the child, and both legal custody (decision-making rights) and physical custody (where the child lives) are considered.

Child support is calculated using a guideline formula that factors in:

• Income of both parents
• Time each parent spends with the child
• Costs like healthcare and daycare

You can estimate child support using the California Child Support Calculator. Custody disputes often require mediation or court hearings if parents cannot agree.

7. Do You Need a Lawyer to File for Divorce?

While it’s possible to complete a divorce without legal help, hiring a family law attorney can be a wise move- especially if:

• You have a lot of property or debt to divide
• Your spouse has hired a lawyer
• There are disputes involving children
• You are concerned about domestic violence

If cost is a concern, you may also seek help from your county’s Self-Help Center or legal aid organizations.

8. Disadvantages of Filing for Divorce First

You might wonder: is there a downside to filing first?

While filing first gives you control over timing and jurisdiction, it can also come with drawbacks:

• Higher upfront costs: The filing spouse pays the court fees.
• Signals intent: It can escalate conflict if your spouse wasn’t expecting it.
• Limited reaction time: If your spouse files first, you get time to review and respond strategically.

In some cases, filing first gives a psychological advantage, especially in contentious divorces. But overall, California law treats both parties equally, regardless of who files first.

9. Frequently Asked Questions About Divorce in California