Key takeaways:
- A regular California divorce starts with the Petition (FL-100) and Summons (FL-110), plus the UCCJEA Declaration (FL-105) if you have children under 18.
- You or your spouse must have lived in California for 6 months and in the filing county for 3 months. Legal separation is an option while you wait.
- The filing fee is $435 to $450 depending on the court. Ask for a fee waiver with form FW-001 if you cannot afford it.
- Financial disclosure (FL-140, FL-142 or FL-160, FL-150) is required in every divorce, and you file proof of it on FL-141.
- Since January 1, 2026, spouses who will agree on everything can start together with a Joint Petition (FL-700).
Last reviewed: October 22, 2026. This article is general information about California law, not legal advice. Laws change and every situation is different, so talk to a licensed attorney in your state about your own case.
Sitting down with a pile of court forms is hard when you are already carrying the weight of a breakup. The good news is that California’s divorce paperwork follows a predictable order. This guide walks you through the forms in the sequence you will actually use them, with the official form numbers, so you know what each one does before you start.
Contents
- Before you fill out anything
- Forms that start your case
- Filing fees and fee waivers
- Serving your spouse
- Financial disclosure forms
- Finishing your divorce
- FAQ
Before you fill out anything
Check the residency rule
Under Family Code section 2320, either you or your spouse must have lived in California for the past 6 months and in your current county for the past 3 months before filing. Only one of you needs to meet it.
Not there yet? You can wait, or file for legal separation now and amend the petition to ask for a divorce once the residency rule is met (Family Code 2321). Same-sex couples who married in California and domestic partners registered in California have special rules, explained on the California courts’ self-help site.
Know the grounds
California is a no-fault state. You will usually check “irreconcilable differences” on the petition. The only other ground is permanent legal incapacity to make decisions (Family Code 2310). You do not need to prove anyone did anything wrong, and your spouse’s agreement is not required to start or finish the case.
Choose your path
- Regular divorce: one spouse files and serves the other. Works whether or not you agree.
- Joint petition: new since January 1, 2026. You file together as Petitioner 1 and Petitioner 2 and must reach a full agreement by the end.
- Summary dissolution: for marriages under 5 years with no children, no real estate, and limited debts and property. The courts’ self-help guide lists the current limits as less than $7,000 in debt (not counting car loans) and less than $57,000 in community property (not counting cars) and in each spouse’s separate property.
Forms that start your case
| Form | Name | What it does |
|---|---|---|
| FL-100 | Petition, Marriage/Domestic Partnership | Starts the case and lists what you want the court to decide |
| FL-110 | Summons (Family Law) | Tells your spouse they have 30 days to respond and contains automatic restraining orders |
| FL-105 | Declaration Under UCCJEA | Required if you have children under 18. Lists where they live and any other cases involving them |
| FL-700 / FL-710 | Joint Petition and Summons, Joint Petition | Used instead of FL-100 and FL-110 when you file together |
Petition (FL-100)
The petition asks for your date of marriage, your date of separation, any children, and what you are requesting: property division, spousal support, custody, child support, attorney fees, or restoring a former name. The court generally can only divide property you list in the petition or in a Property Declaration (FL-160) that you file and serve, so take your time.
The date of separation matters. It generally marks when earnings and new debts stop being community property. If you are unsure of your date, the self-help guide has a page explaining how courts decide it.
Summons (FL-110)
The back of the summons contains automatic temporary restraining orders. They apply to you once you file and to your spouse once served. Without written consent or a court order, neither of you may remove the children from California, change or cancel insurance, or transfer, borrow against or hide property, except in the usual course of business or for necessities of life.
UCCJEA Declaration (FL-105)
If you have children under 18, this form tells the court where they have lived recently, who they lived with, and whether any other custody or protective order case involves them. The court uses it to confirm it has authority to make custody orders.
Check your court’s website for local forms. Then make copies (the self-help guide recommends two copies of each form) and file the originals with the clerk in person, by mail, or by e-filing where available.
Filing fees and fee waivers
According to the California courts’ self-help guide (checked October 2026), the first filing fee for a divorce is $435 to $450, depending on the court. A joint petition costs $870. A spouse who files a Response usually pays a filing fee in the same range.
If you receive certain public benefits, have low income, or cannot pay for basic needs and court fees, file a Request to Waive Court Fees (FW-001) with your first papers. The court will tell you whether it is granted.
Serving your spouse
You cannot serve the papers yourself. Your server must be at least 18 and not a party to the case. A friend or relative can do it for free, or you can hire a professional process server or, in some areas, the sheriff.
Common ways to serve
- Personal service: the server hands over the file-stamped papers plus a blank Response (FL-120)
- Mail with a signed Notice and Acknowledgment of Receipt (FL-117), if your spouse cooperates
- Registered or certified mail with a signed return receipt, for a spouse in another state
If your spouse can’t be found
- Substituted service at their home or work may be possible after several attempts
- Posting or publication requires the court’s permission
- Different rules apply to spouses in the military, in prison or abroad
After service, the server fills out the Proof of Service of Summons (FL-115), and you file it with the court. Your spouse has 30 days to file a Response. If they do not, you can finish by default once at least 30 days have passed.
Financial disclosure forms
Every divorce or legal separation requires both spouses to share financial information. You do not file the documents themselves with the court. You give them to your spouse and file a form proving you did.
- Declaration of Disclosure (FL-140): a cover sheet listing what you are sharing.
- Schedule of Assets and Debts (FL-142) or Property Declaration (FL-160): what you own and owe.
- Income and Expense Declaration (FL-150): what you earn and spend.
- Tax returns you filed in the two years before serving the disclosure.
- Declaration Regarding Service of Declaration of Disclosure (FL-141): filed with the court as proof.
The petitioner must serve the preliminary disclosure within 60 days of filing the petition, and the respondent within 60 days of filing a response (Family Code 2104). Later, you either exchange final disclosures or both sign a Stipulation and Waiver of Final Declaration of Disclosure (FL-144).
Be complete. If you hide information or leave things out, the judge could take away some of your property or order you to pay your spouse’s attorney fees. Perjury on the disclosure can also be grounds to set aside the judgment.
Finishing your divorce
There is no way to skip California’s waiting period. Under Family Code section 2339, your marriage cannot end until 6 months after your spouse was served or first appeared in the case, whichever came first. With a joint petition, the 6 months run from filing. You can do the rest of the work during that time, and the judgment can be entered earlier with a later effective date for the end of the marriage.
To finish, you submit a Judgment (FL-180) and a Notice of Entry of Judgment (FL-190), plus attachments that depend on your case. If your spouse did not respond, you also file a Request to Enter Default (FL-165) and a Declaration for Default or Uncontested Dissolution (FL-170). The Judgment Checklist (FL-182) lists everything your court may need. Your divorce is not final until the judge signs the judgment and the waiting period has passed.
Do you and your spouse agree on everything? If your divorce is uncontested, an online divorce service can prepare your state’s court forms for a flat fee. These services are not law firms and cannot give legal advice. How online divorce services work and how to choose one.
FAQ
What forms do I need to file for divorce in California?
Usually the Petition (FL-100) and Summons (FL-110), plus the UCCJEA Declaration (FL-105) if you have children under 18. Some courts require local forms too. If you and your spouse file together, use the Joint Petition (FL-700) and Joint Summons (FL-710).
How much does it cost to file divorce papers in California?
The first filing fee is $435 to $450 depending on the court, and a joint petition costs $870. You can ask for a fee waiver with form FW-001.
Can I serve my spouse myself?
No. Someone 18 or older who is not part of the case must serve the papers, and they fill out the Proof of Service of Summons (FL-115).
Can I speed up my California divorce?
You cannot shorten the 6-month waiting period, but you can avoid delays by serving your spouse promptly, completing disclosures early, and submitting complete judgment paperwork. Couples who qualify may use summary dissolution or a joint petition.
Sources: California Family Code sections 2104, 2310, 2320, 2321 and 2339; California Courts Self-Help Guide: Start a divorce, Serve your divorce papers, Gather and share financial information, Finish your divorce by default, Joint petition, Summary dissolution, Fee waivers.
