How to File for Divorce in California: State Requirements & Steps

Filing for divorce in California has its own set of rules—residency, mandatory waiting periods, required court forms, and more. Below is a state‑specific breakdown of how the process typically works in California.

Residency & Jurisdiction Requirements

To file in California, either spouse must have lived in the state for at least **6 months**, and in the county where you file for at least **3 months** immediately before filing. {index=0} If you don’t meet those requirements, the court may reject your petition.

Grounds & No‑Fault Divorce

California is a no‑fault divorce state. The most common ground is “irreconcilable differences,” which means that the marriage cannot be repaired. {index=1}

Required Forms to Start the Process

You’ll begin with at least two core forms:

• **Petition / Dissolution (FL‑100)** — the document that initiates the divorce. {index=2}
• **Summons (FL‑110)** — informs your spouse of the pending action. {index=3}

If children are involved, you’ll also need additional forms like the UCCJEA declaration **(FL‑105)**. {index=4}

File with the Court & Pay Fees

Take your completed forms to the family law clerk’s office in the proper county. You’ll pay a filing fee unless you qualify for a fee waiver. {index=5}

Serve Your Spouse

The documents must be formally served on your spouse by a third party (process server, sheriff, etc.) in a legally acceptable manner. Failure to properly serve may delay the case.

Mandatory Waiting Period

California requires a minimum waiting period of **6 months** from the date your spouse is served (or responds, whichever is earlier) before a final judgment can be entered. {index=6}

Settle or Litigate the Issues

You’ll need to resolve matters like property division, spousal support, child custody, child support, and more—either by agreement or via court. If both parties agree, an uncontested divorce is faster. {index=7}

Final Judgment / Decree

Once all issues are resolved and the six‑month waiting period is met, the court will issue a **Judgment of Dissolution** or **Final Decree**, officially ending the marriage and setting the terms. {index=8}

Tips & Cautions

• Use official court forms—some counties reject nonstandard ones. {index=9}
• Even if you agree on everything, you cannot bypass the six‑month waiting rule. {index=10}
• Be accurate with financial disclosures—mistakes can cause delays or challenges. {index=11}

FAQ