Getting Divorced in California: A Guide for Non-Lawyers

The divorce process begins with filing a Petition for Dissolution of Marriage with your local county court. In California, this is Form FL-100. You'll need to include basic information about your marriage, children (if any), and what you're asking the court to decide. You'll also need to pay a filing fee (approximately $435-$450 depending on the county), though fee waivers are available if you qualify financially.

After filing, you must legally serve your spouse with a copy of the Summons (Form FL-110) and Petition. In California, this must be done by someone 18 or older who is not involved in the case. The server must complete a Proof of Service form (FL-115) which you then file with the court. Your spouse has 30 days to respond. Service of process is critical - improper service can delay your divorce.

If you are the spouse who was served with divorce papers, you have 30 days to file a Response (Form FL-120). Failing to respond could result in a default judgment where the court may grant everything requested in the Petition. The Response allows you to state your position on property division, support, child custody, and other issues.

California law requires both spouses to complete and exchange financial disclosures. This includes the Declaration of Disclosure (Form FL-140), Income and Expense Declaration (Form FL-150), Schedule of Assets and Debts (Form FL-142), and supporting documentation like tax returns and bank statements. This step is mandatory and cannot be waived - full financial transparency is required by law.

If you have minor children, develop a detailed parenting plan that outlines custody and visitation schedules. California courts make decisions based on the 'best interest of the child' standard. Consider factors like school schedules, holidays, transportation, and communication methods. If you can't agree, the court may order mediation through Family Court Services before making a ruling.

California uses a complex formula called 'guideline child support' to determine support amounts. Complete a Child Support Worksheet using the California Guideline Child Support Calculator (available online). Factors include both parents' incomes, time spent with children, tax filing status, and certain expenses. The court must approve any agreement that deviates from the guideline amount.

California is a community property state, meaning assets and debts acquired during marriage are generally divided equally. Create an inventory of all property (real estate, vehicles, bank accounts, investments, retirement accounts, businesses) and debts. Determine which items are separate property (owned before marriage or received as gifts/inheritance) versus community property. Consider consulting a financial advisor for complex assets.

If you and your spouse can reach agreement on all issues, document everything in a Marital Settlement Agreement. This comprehensive contract should address property division, support, custody, and any other relevant issues. While you can draft this yourself, having an attorney review it is highly recommended to ensure it's legally sound and protects your interests.

If dividing retirement accounts like 401(k)s or pensions, you'll need a Qualified Domestic Relations Order (QDRO). This specialized court order instructs retirement plan administrators how to divide the assets. QDROs have specific technical requirements and typically require expertise to draft correctly. Consider hiring a QDRO specialist or attorney with experience in this area.

Before finalizing your divorce, California requires a final Declaration of Disclosure unless both parties agree in writing to waive this requirement. This ensures all financial information is current before the final judgment. The waiver must be executed using specific language and filed with the court.

Many California counties require parents to complete educational programs about the impact of divorce on children. Check your local court requirements - these classes may be mandatory before finalizing your divorce. Most can be completed online and typically take 4-6 hours.

Prepare the Judgment package including the Judgment form (FL-180) and all attachments (property division, custody orders, support orders). If uncontested, both parties sign. If contested, you'll need to schedule a trial date. The judgment package must include all orders you want the court to make. Be thorough - omissions may require costly modifications later.

If child or spousal support is ordered, California law generally requires automatic wage withholding. Submit an Income Withholding for Support Order (Form FL-195) to have support payments deducted directly from the paying spouse's paycheck. This ensures consistent payments and creates an official record of compliance.

After divorce, review and update your will, trust, powers of attorney, and beneficiary designations on life insurance and retirement accounts. California law automatically revokes provisions benefiting your ex-spouse in wills created during marriage, but this doesn't apply to all documents. Failure to update beneficiary designations could result in your ex-spouse receiving assets against your wishes.

If you want to restore your former name, request this in your initial petition or response. If you didn't, you can file an Ex Parte Application for Restoration of Former Name After Entry of Judgment (Form FL-395). California makes this process relatively simple in divorce cases compared to other name change procedures.