How to File for Divorce in California (2026)
Reviewed by DocDraft Legal Team · California · Last updated 2026-05-18
California runs its divorce process on its own family-law code. Asset division here is community property (assets acquired during the marriage are owned equally), and the no-fault ground is available on irreconcilable differences. The residency rule is its own: 6 months in the state and 3 months in the county before filing. This guide details what California requires from filing through final decree, with Cal. Fam. Code § 2310 as the governing grounds statute.
Key Considerations
When a California court divides what a couple owns, it applies the community-property rule. Community property: property earned or acquired from marriage to separation belongs equally to both spouses; courts divide the community estate equally absent a written agreement; separate property stays with the original owner. The controlling authority is Cal. Fam. Code § 760; Cal. Fam. Code § 2550; Cal. Fam. Code § 770.
On spousal support, the rule is shaped by a 14-factor test (earning capacity, marketable skills, marital standard of living, age and health, duration, documented domestic violence). Marriages under 10 years typically draw support for half the marriage length; for 10-year-plus marriages the court retains jurisdiction indefinitely. The governing authority is Cal. Fam. Code § 4320; Cal. Fam. Code § 4336.
The child-support number is not discretionary, but follows a statewide guideline formula weighing each parent's net disposable income, the higher earner's share of physical-responsibility time, and health-insurance and child-care adjustments Cal. Fam. Code § 4055 codifies it, with the official calculator.
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Relevant Documents
California filers use the following: Judicial Council Form FL-100 (Petition for Dissolution of Marriage); Summons FL-110; Declaration Regarding Service of Declaration of Disclosure FL-141
Child Support Worksheet
This document calculates the appropriate amount of child support based on both parents' incomes, the custody arrangement, and other factors.
Final Decree of Divorce
This is the final court order that legally ends your marriage and includes all the terms of your divorce including property division, support, and child custody arrangements.
Financial Disclosure Declaration
Both spouses must complete this document detailing all assets, debts, income, and expenses to ensure fair division of property and appropriate support amounts.
Marital Settlement Agreement
This document outlines the terms of your divorce agreement including property division, debt allocation, spousal support, and child custody arrangements if applicable.
Parenting Plan
If you have children, this document details the custody arrangement, visitation schedule, and decision-making responsibilities for the children.
Qualified Domestic Relations Order (QDRO)
This document is necessary if you need to divide retirement accounts or pension benefits between spouses as part of the divorce settlement.
Response to Petition for Dissolution
If you're the responding spouse, this document allows you to answer the claims in the petition and state your own requests regarding the divorce terms.
Summons
This document notifies your spouse that a divorce action has been filed and that they have a certain amount of time to respond.
Wage Withholding Order
This document directs an employer to withhold child support or spousal support payments from a spouse's paycheck.
Relevant Laws
California Family Code Section 2320 - Residency Requirements
To file for divorce in California, either spouse must have been a resident of the state for six months and a resident of the county where filing for at least three months immediately preceding the filing. This residency requirement must be met before the court has jurisdiction over your divorce case.
California Family Code Section 2339 - Waiting Period
California has a mandatory six-month waiting period from the date the respondent is served with divorce papers until the divorce can be finalized. Even if you and your spouse agree on all terms, your divorce cannot be legally finalized until at least six months have passed.
California Family Code Section 2550 - Community Property Division
California is a community property state, which means that all assets and debts acquired during the marriage are considered equally owned by both spouses and must be divided equally (50/50) in divorce, unless the parties agree otherwise. This includes income, real estate, retirement accounts, and businesses acquired during marriage.
California Family Code Section 4320 - Spousal Support Factors
When determining spousal support (alimony), California courts consider numerous factors including the length of the marriage, each spouse's earning capacity, the standard of living established during marriage, and each spouse's financial needs. For marriages lasting 10+ years, the court may award long-term support.
California Family Code Section 3011 - Child Custody Best Interest Standard
California courts determine child custody arrangements based on the 'best interest of the child' standard. Factors considered include the health and safety of the child, any history of abuse, the nature and amount of contact with both parents, and the child's ties to school, home, and community.
California Family Code Section 4055 - Child Support Guidelines
California uses a complex formula called the 'guideline calculator' to determine child support amounts. This calculation considers both parents' incomes, the amount of time each parent spends with the children, tax deductions, and other factors to establish appropriate support payments.
California Family Code Section 2100-2113 - Financial Disclosure Requirements
Both spouses must complete and exchange comprehensive financial disclosures (Form FL-140, FL-150, etc.) detailing all assets, debts, income, and expenses. These disclosures must be updated if circumstances change before the divorce is finalized. Failure to disclose assets can result in severe penalties, including the awarding of 100% of an undisclosed asset to the other spouse.
Regional Variances
Northern California
San Francisco County has its own local court rules that may affect divorce proceedings. The county offers specialized family law facilitators and self-help centers with extended hours compared to other counties. San Francisco also has a dedicated Department of Child Support Services that is particularly active in divorce cases involving children.
Alameda County requires mandatory settlement conferences before trial dates are set in contested divorces. The county also has specific local forms for property division that differ from standard California forms. Their family court services offer specialized mediation programs with sliding scale fees based on income.
Sacramento County Family Court requires completion of a 'Case Management Conference Statement' unique to this jurisdiction. The county also has specific procedures for cases involving domestic violence with dedicated court days for restraining orders related to divorce proceedings.
Southern California
Los Angeles County has a complex court system with multiple courthouse locations handling family law matters. The county requires additional local forms and has specific procedures for high-asset divorces. LA County also implements a specialized Child Custody Mediation program that differs from other counties in its approach and scheduling procedures.
San Diego County has implemented a specialized Family Law Case Management system that tracks cases more actively than other counties. The county requires mandatory Family Court Services mediation before any contested custody hearing. San Diego also has unique local rules regarding the disclosure of financial documents that may be more stringent than state requirements.
Orange County has specific local rules for divorce cases involving self-represented litigants, including mandatory attendance at specific workshops. The county also has a unique approach to temporary spousal support calculations that may differ slightly from standard state guidelines. Their family law facilitator's office offers specialized services not available in all counties.
Central California
Fresno County has implemented a 'One Day Divorce' program for uncontested cases that allows for expedited processing not available in many other counties. The county also has specific local rules regarding property valuations in agricultural divorces, which is particularly relevant in this agricultural region.
Kern County has specific procedures for oil and mineral rights division in divorces, which is particularly relevant in this oil-producing region. The county also has different timelines for mandatory settlement conferences compared to other jurisdictions in the state.
Suggested Compliance Checklist
Verify jurisdiction first: 6 months in the state and 3 months in the county before filing
Before filing days after startingThis is set by Cal. Fam. Code § 2320.
Plead the grounds for the divorce
Before filing days after startingNo-fault only, on irreconcilable differences that have caused the irremediable breakdown of the marriage. Authority: Cal. Fam. Code § 2310.
File the divorce petition
At filing days after startingJudicial Council Form FL-100 (Petition for Dissolution of Marriage); Summons FL-110; Declaration Regarding Service of Declaration of Disclosure FL-141 Pay the filing fee, which is approximately $435 to $450 first-appearance fee. A fee waiver is available: Fee waiver via Form FW-001 under Cal. Govt. Code § 68631 for petitioners below specified income thresholds.
Plan for the mandatory timing rule
After filing days after starting6 months from the date the respondent is served before final judgment Set by Cal. Fam. Code § 2339.
Exchange financial disclosures and serve the other spouse
After filing days after startingServe the petition and any required financial-disclosure forms, then file proof of service before the matter is heard.
Close out the case
Final step days after startingWith the statutory period satisfied and all terms agreed or tried, the court enters the order that legally ends the marriage.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Verify jurisdiction first: 6 months in the state and 3 months in the county before filing | This is set by Cal. Fam. Code § 2320. | - | Before filing |
| Plead the grounds for the divorce | No-fault only, on irreconcilable differences that have caused the irremediable breakdown of the marriage. Authority: Cal. Fam. Code § 2310. | - | Before filing |
| File the divorce petition | Judicial Council Form FL-100 (Petition for Dissolution of Marriage); Summons FL-110; Declaration Regarding Service of Declaration of Disclosure FL-141 Pay the filing fee, which is approximately $435 to $450 first-appearance fee. A fee waiver is available: Fee waiver via Form FW-001 under Cal. Govt. Code § 68631 for petitioners below specified income thresholds. | divorce-petition | At filing |
| Plan for the mandatory timing rule | 6 months from the date the respondent is served before final judgment Set by Cal. Fam. Code § 2339. | - | After filing |
| Exchange financial disclosures and serve the other spouse | Serve the petition and any required financial-disclosure forms, then file proof of service before the matter is heard. | - | After filing |
| Close out the case | With the statutory period satisfied and all terms agreed or tried, the court enters the order that legally ends the marriage. | - | Final step |
Frequently Asked Questions
No-fault only, on irreconcilable differences that have caused the irremediable breakdown of the marriage. The governing statute is Cal. Fam. Code § 2310.
6 months in the state and 3 months in the county before filing. This is set by Cal. Fam. Code § 2320.
approximately $435 to $450 first-appearance fee. Fee waiver via Form FW-001 under Cal. Govt. Code § 68631 for petitioners below specified income thresholds
California uses community property (assets acquired during the marriage are owned equally). Community property: property earned or acquired from marriage to separation belongs equally to both spouses; courts divide the community estate equally absent a written agreement; separate property stays with the original owner. See Cal. Fam. Code § 760; Cal. Fam. Code § 2550; Cal. Fam. Code § 770.
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