California Divorce Petition

Filing a Divorce Petition in California

In California the case is not called a divorce but a dissolution of marriage. The spouse who starts it is the Petitioner, and the other spouse is the Respondent. Before the Family Law division of the county Superior Court can grant the dissolution, the residency rule of Family Code § 2320 must be met: one spouse must have lived in California for six months and in the filing county for three months immediately before filing. These two clocks run separately. An eight-month California resident who moved counties last month has satisfied the state requirement but not the county one.

Grounds and the No-Fault Rule

California is a pure no-fault jurisdiction. The Petitioner does not accuse the Respondent of any wrongdoing. The only ground pleaded on the Petition is that irreconcilable differences have caused the irremediable breakdown of the marriage (Fam. Code § 2310(a)). Because no fault grounds exist, there is nothing to prove about adultery, cruelty, or abandonment, and one spouse's decision to end the marriage is enough even when the other objects.

Forms, Fee, and Service

The case opens with the Petition, Marriage/Domestic Partnership (Form FL-100) and the Summons (Form FL-110), filed together with the statewide first-paper fee of $435. After filing, the Petitioner arranges for the Respondent to be served with a copy of the summons and petition. That service does more than give notice. Under Family Code § 2339(a), no judgment of dissolution can be final until six months have passed from the date of service or the date the Respondent appears. The earliest possible finalization is measured from that moment, not from the filing date.

Property and the Date of Separation

California divides marital property under community-property rules. All property acquired during the marriage while the spouses are domiciled in California is community property (Fam. Code § 760) and is divided equally at dissolution (Fam. Code § 2550). Living apart is not required to file, but the date of separation matters. Under Family Code § 70, separation occurs when one spouse expresses the intent to end the marriage and acts in a way consistent with that intent. That date fixes when the community stops growing, so earnings and property acquired after it are generally separate. Pinning down this date accurately can change how assets and debts are split.

Putting It Together

A well-prepared California filing confirms six-month state and three-month county residency, pleads irreconcilable differences on Form FL-100, pairs it with the FL-110 Summons and the $435 fee, and plans around the six-month waiting period that starts at service. For a template and step-by-step guidance on assembling these documents, see our divorce petition resource (/legal-document/divorce-petition). Because the date of separation and the equal division of community property can shape the result as much as the paperwork, care at the filing stage protects the Petitioner throughout the dissolution.