Divorce in California: Requirements, Forms, Fees and Timeline

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.

Once you have decided to divorce, the California process can feel like a wall of forms. It becomes much easier once you see the order of steps. This guide covers who can file, which forms start a case, what it costs, how long it takes, and how property, support and custody are handled.

Contents

• Requirements and grounds
• Ways to start a California divorce
• Filing and serving the papers
• Fees and timeline
• Property, debts and spousal support
• Custody and child support
• FAQ

Requirements and grounds

Residency

Under Family Code section 2320, a divorce judgment can only be entered if one spouse has lived in California for 6 months and in the county where the case is filed for 3 months, immediately before filing. It does not have to be the person filing. If your spouse meets the rule and you do not, you can still file in your spouse’s county.

There are exceptions for same-sex couples who married in California but live somewhere that will not dissolve their marriage, and for domestic partnerships registered in California.

Grounds

California is a no-fault state. Family Code section 2310 allows only two grounds: irreconcilable differences that have caused the irremediable breakdown of the marriage, or permanent legal incapacity to make decisions. You do not need to prove misconduct, and your spouse cannot stop the divorce by refusing to agree.

Legal separation

A legal separation lets the court divide property and make support and custody orders while you remain married. People choose it for religious, personal or financial reasons. Whether a separated spouse can stay on the other’s health insurance depends on the plan, so check with the plan before relying on it.

Ways to start a California divorce

The California courts’ self-help guide lists the summary dissolution limits: married less than 5 years at separation, no children together, no real estate (a rental lease ending within a year is allowed), less than $7,000 in marital debt not counting car loans, community property under $57,000 (not counting cars), and each spouse’s separate property under $57,000. Both spouses must also give up spousal support and agree on dividing property.

With a joint petition, both spouses sign and file together as Petitioner 1 and Petitioner 2. You only need to list the issues you plan to resolve at filing, but if you cannot reach a full agreement, either spouse can revoke the joint petition and the case continues as a regular divorce. You cannot ask for temporary orders in a joint petition case.

Filing and serving the papers

In a regular divorce, you fill out the Petition (FL-100), the Summons (FL-110) and, if you have children under 18, the UCCJEA Declaration (FL-105). Check your court’s website for any local forms. File the originals and copies with the court clerk in person, by mail, or by e-filing where your court allows it.

Next, your spouse must be served. You cannot serve the papers yourself. The server must be 18 or older and not a party to the case, such as a friend, relative, professional process server or, in some areas, the sheriff. Options include:

• Personal service: the server hands your spouse the file-stamped papers and a blank Response (FL-120).
• Service by mail with acknowledgment: works only if your spouse signs and returns a Notice and Acknowledgment of Receipt (FL-117).
• Out-of-state service: personal service, or registered or certified mail with a return receipt signed by your spouse.
• Substituted service, posting or publication: used when your spouse cannot be served the usual way. Posting and publication require court permission.

The server completes a proof of service, which you file with the court. Your spouse then has 30 days to file a Response. If they do not respond, you can ask to finish the case by default.

Fees and timeline

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 spouse who files a Response usually pays the same $435 to $450 fee.
• A joint petition costs $870.
• If you cannot afford the fees, file a Request to Waive Court Fees (FW-001).

Other costs, such as a process server or attorney fees, vary widely, and this site does not publish estimates for them.

The six-month waiting period

Under Family Code section 2339, a divorce cannot become final until 6 months after the date your spouse was served with the summons and petition, or the date they first appeared in the case, whichever happens first. In a joint petition case, the clock starts when you file. The court can extend the period for good cause, and many cases take longer because of disclosures, negotiations or court schedules. The six months is a minimum, not a deadline. Your divorce is only final once a judgment is entered and the waiting period has passed.

Property, debts and spousal support

California is a community property state. In general, property and debts acquired during the marriage and before separation are community property, while property owned before marriage or received by gift or inheritance is separate property. Unless you agree otherwise, the court divides the community estate equally (Family Code 2550). Mixed assets, such as a home bought before marriage and paid down with earnings during it, can raise tracing questions where an attorney can advise you.

Both spouses must serve a preliminary declaration of disclosure within 60 days of filing the petition or response. This includes a schedule of assets and debts and an income and expense declaration (FL-150), along with tax returns from the past two years. 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.

Spousal support is based on factors in Family Code section 4320, including earning capacity, contributions to the other spouse’s career, needs based on the marital standard of living, age, health, and any history of domestic violence. For marriages of less than 10 years, a “reasonable period” of support is generally half the length of the marriage, although the court keeps discretion.

Custody and child support

California separates legal custody (decisions about health, education and welfare) from physical custody (where the children live). Parents can share legal custody while one parent has primary physical custody.

If custody or visitation is contested, the court must send the parents to mediation (Family Code 3170). Court-connected family court services provide this; in some counties the mediator can make a recommendation to the judge.

Child support follows a statewide guideline formula in Family Code section 4055, based on both parents’ net disposable income and each parent’s share of parenting time. Child care costs related to work or training and reasonable uninsured health costs are added on top. Support generally continues until 18, or until 19 for an unmarried full-time high school student who is not self-supporting, whichever comes first. You can estimate support with the official California Department of Child Support Services calculator.

FAQ

How long do I have to live in California before filing for divorce?

You or your spouse must have lived in California for the past 6 months and in the filing county for the past 3 months. Only one of you needs to meet the rule, and you can file for legal separation in the meantime.

Can I get divorced in California if we married in another state?

Yes. Where you married does not matter for an ordinary divorce. What matters is that one of you meets California’s residency requirement.

What if my spouse refuses to sign the divorce papers?

Your spouse’s signature is not required. After proper service, your spouse has 30 days to respond. If they do not, you can ask the court to finish the case by default.

How long does a California divorce take?

At least 6 months from service of the summons and petition, or from your spouse’s first appearance if that happens earlier. Many cases take longer depending on disclosures, agreement and court schedules.

Can one lawyer represent both of us?

No. An attorney can represent only one spouse. The other spouse can hire their own attorney or use court self-help resources.

Sources: California Family Code sections 2310, 2320, 2321, 2339, 2550, 3170, 3901, 4055 and 4320; California Courts Self-Help Guide: Start a divorce, Serve your divorce papers, Joint petition, Summary dissolution, Financial disclosures; California DCSS child support calculator.