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California Divorce Petition

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Introduction

In California, the paper that formally opens a case to end a marriage is the Petition for Dissolution of Marriage, filed on Judicial Council Form FL-100, and the case it starts is called a 'dissolution of marriage' rather than a divorce. To file it, at least one spouse must have lived in California for six months and in the filing county for three months immediately before filing (Fam. Code § 2320). California is a pure no-fault state, so the only ground you plead is 'irreconcilable differences, which have caused the irremediable breakdown of the marriage' (Fam. Code § 2310(a)); there is no adultery, cruelty, or abandonment to prove. The Petitioner starts the case by filing Form FL-100 and the Summons (Form FL-110) with the Family Law division of the county Superior Court and paying the $435 first-paper fee. Even a flawless filing cannot end the marriage quickly, because no judgment of dissolution becomes final until six months have passed from the date the Respondent is served or appears (Fam. Code § 2339(a)).

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Key Things to Know

  1. 1

    California law avoids the word 'divorce': the case begins with Form FL-100, the Petition for Marriage/Domestic Partnership, the pleading that asks a Superior Court judge to grant what the state officially calls a 'dissolution of marriage.' Filing it is what opens the case and puts your request to end the marriage before the court.

  2. 2

    Residency is jurisdictional. At least one spouse must have lived in California for six months and in the filing county for three months immediately before filing (Fam. Code § 2320). Miss either threshold and the Superior Court cannot grant the dissolution.

  3. 3

    California imposes a mandatory six-month waiting period. No judgment of dissolution becomes final until six months have passed from the date the Respondent is served with the summons and petition or the date the Respondent appears (Fam. Code § 2339(a)).

  4. 4

    California is pure no-fault. You plead only 'irreconcilable differences, which have caused the irremediable breakdown of the marriage' (Fam. Code § 2310(a)). No fault grounds such as adultery or cruelty exist, so misconduct is not litigated to obtain the dissolution.

  5. 5

    California is a community-property state. All property acquired during the marriage while the spouses are domiciled here is community property (Fam. Code § 760) and is divided equally between them (Fam. Code § 2550).

  6. 6

    The initiating papers are the Petition, Marriage/Domestic Partnership (Form FL-100) and the Summons (Form FL-110), filed by the Petitioner against the Respondent in the Family Law division of the county Superior Court.

  7. 7

    The statewide fee to file a first paper in a family law matter is $435, paid when Form FL-100 is filed. Living apart is not required to file, but the date of separation, when a spouse expresses and acts on the intent to end the marriage (Fam. Code § 70), fixes when community property stops accumulating.

Key decisions before you file

Before you file a Divorce Petition in California, a few decisions shape the document: which option to choose and what each one means. The Divorce Petition guide walks through them.

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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.

California Requirements for Divorce Petition

Residency (State)

At least one spouse must have lived in California for six months prior to filing.

Residency (County)

At least one spouse must have lived in the filing county for three months prior to filing.

Grounds for Divorce

Must plead irreconcilable differences or incurable insanity (no-fault only).

Waiting Period

Mandatory six-month waiting period from the date of service before dissolution is final.

Required Forms

Must file FL-100 (Petition) and FL-110 (Summons).

Property Division

Assets and debts are divided equally under community property laws (Family Code 760).

Financial Disclosures

Preliminary Declaration of Disclosure (FL-140) must be served within 60 days of filing.

Filing Fee

Standard Superior Court filing fee of $435, unless a fee waiver (FW-001) is granted.

Frequently Asked Questions

A divorce petition is the first court document you file to start a divorce. In California it is Form FL-100, the Petition for Marriage/Domestic Partnership, filed by the spouse known as the Petitioner. It asks the Superior Court to legally end the marriage and states what you are requesting on issues like property, support, and children.

They are two parts of the same process. In California, 'dissolution of marriage' is the state's legal name for what most people call divorce, and the divorce petition (Form FL-100) is the document that opens a dissolution case. You file the petition to begin the dissolution, and the dissolution is the result the court grants when the case ends.

Under Family Code § 2320, at least one spouse must have been a resident of California for six months and a resident of the county where the case is filed for three months, both immediately before filing. These two clocks run separately, so you can meet the state requirement while still short on the county one.

California is a pure no-fault state. Under Family Code § 2310(a), the ground you plead is 'irreconcilable differences, which have caused the irremediable breakdown of the marriage.' Because no fault grounds exist, you do not have to prove adultery, cruelty, or abandonment, and one spouse's decision to end the marriage is enough.

No. California does not require spouses to live separately for any set period before filing, and you can even share a home while the case is pending. The date of separation still matters, though, because under Family Code § 70 it fixes when the community stops accumulating property.

Family Code § 2339(a) sets a six-month waiting period. No judgment of dissolution can be final until six months have passed from the date the summons and petition were served on the Respondent or the date the Respondent appears. That is the earliest the marriage can legally end, and many cases take longer.

The statewide base fee to file a first paper in a family law matter, including Form FL-100, is $435 in the Superior Courts. If you cannot afford it, you can ask the court for a fee waiver using Form FW-001.

California is a community-property state. Under Family Code § 760, property acquired during the marriage while the spouses are domiciled in California is community property, and under Family Code § 2550 it is divided equally between the spouses at dissolution. The date of separation marks when the community stops accumulating.