If you are wondering how to file for divorce in California, here is the good news: starting the case is actually one of the more straightforward parts of the process.

You need to make sure you meet the residency requirements, choose the correct way to start your case, complete the right forms, file them in the correct courthouse, and, if you are using the traditional divorce process, properly serve your spouse.

That sounds like a lot when I put it all in one sentence.

It is manageable.

So let’s walk through it.

What Is the First Step in Filing for Divorce in California?

Before you file for divorce in California, someone in the marriage needs to meet the residency requirements.

For most married couples, at least one spouse must have lived:

• In California for at least six months, and
• In the county where the divorce will be filed for at least three months.

That does not necessarily have to be the person filing the paperwork.

If you live in Minnesota and your spouse has been living in California long enough to meet the residency requirements, you may still be able to start the California divorce case based on your spouse’s residency.

We needed two people to get married.

We only need one person who wants a divorce.

California Courts explains the six-month state and three-month county requirements in its divorce guidance.

What If You Want a Legal Separation Instead?

Legal separation is different.

To file for legal separation, one spouse must live in California, but there is no six-month California residency waiting period. That can make legal separation an option for someone who recently moved to California and is not yet eligible to file for divorce.

Once the residency requirements for divorce are met, the petition can potentially be amended to request a divorce instead.

There are also different residency rules for certain California registered domestic partnerships, so check the requirements that apply to your situation.

Step 2: Decide How You Are Starting the Divorce

As of January 1, 2026, California has two primary ways to start a regular divorce case.

Traditional Petition: FL-100 and FL-110

The traditional process starts when one spouse files:

FL-100: Petition, Marriage/Domestic Partnership

and

FL-110: Summons

The Petition provides basic information about the marriage and identifies the issues that may need to be resolved in the divorce.

This is not your opportunity to write the history of your marriage.

We do not need a dissertation.

You will identify things such as your date of marriage, date of separation, whether you have children, and the types of orders you may eventually need regarding property, custody, or support.

You are opening the case.

That’s what we’re doing.

Joint Petition: FL-700 and FL-710

Beginning in 2026, spouses who expect to reach a complete agreement can also start their divorce together using:

FL-700: Joint Petition, Marriage or Domestic Partnership

and

FL-710: Summons, Joint Petition

Both spouses sign the Joint Petition and are initially identified as Petitioner 1 and Petitioner 2. You do not need to have every final agreement completed when you file, but you must ultimately agree on all issues to finish through the joint-petition process.

Learn more about California’s Joint Petition process

One nice thing about filing jointly?

You don’t have to serve your spouse with the initial divorce papers.

They know about the divorce.

They signed the paperwork.

Step 3: Pay Attention to the Summons

Whether you are filing a traditional petition or a joint petition, do not treat the Summons like an unimportant piece of paper.

The Summons contains important restrictions that go into effect when the divorce case starts.

These rules restrict certain actions involving property, insurance, and children while the divorce is pending. In a traditional case, those rules apply to the petitioner when the Summons is issued and to the respondent after service. In a joint petition, the court’s basic rules apply when the joint case is filed.

So read the Summons.

Don’t drain accounts.

Don’t start changing insurance because you are mad.

Don’t decide today is a wonderful day to take the children out of California without checking what the orders allow.

Read the paper.

Step 4: If You Have Minor Children, Add FL-105

If you and your spouse have children under 18 together, you will generally also need:

FL-105: Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)

This form gives the court information about where your children have lived and whether there are other court cases involving them.

Why does the court care?

Because before a California judge makes custody decisions, the court needs information relevant to whether California has authority to make those decisions.

For most families, this is pretty straightforward.

Your children have been living in California, everyone knows where they live, and there is no competing custody case somewhere else.

If your children have recently lived in another state or country, however, or there are existing custody orders from somewhere else, that can become a legal jurisdiction issue.

That’s when I want you to stop guessing.

Talk to an attorney.

Get the jurisdiction question answered correctly.

The FL-105 Can Be a Little Counterintuitive

There are parts of the UCCJEA form that confuse people.

For example, the form may ask where your child lived during a previous period while separately asking for the current address of the person the child lived with.

So perhaps three years ago you and your child lived in Montebello.

Today you live in North Hollywood.

The child’s residence for that earlier period may be Montebello, while the form lists your current address as North Hollywood.

Then somebody looks at the form and says:

“You put the wrong address.”

Nope.

I didn’t.

The form asked for the current address.

Sometimes California court forms require you to be very literal.

Don’t infer.

Don’t improve the question.

Answer the question they actually asked.

Step 5: Check for Local County Forms

California uses statewide Judicial Council forms, but individual superior courts may also require local forms.

This is why you should always check your county’s family law website before filing.

A local form may ask for information that helps the court determine whether you are filing at the correct courthouse or gives the court additional administrative information it needs to open the case.

And yes, different counties do things differently.

Very differently sometimes.

California Courts specifically recommends checking with the local court for any additional forms or filing requirements.

If you live in Greater Los Angeles, that means checking the Los Angeles Superior Court requirements for your particular filing location rather than assuming every courthouse handles family law cases.

The same goes for Orange County, Riverside County, San Bernardino County, San Diego County, or anywhere else in California.

Step 6: File Your California Divorce Papers

Once your initial forms are complete, you file them with the appropriate Superior Court.

California Courts says divorce papers can be filed in person or by mail, and some courts allow electronic filing. E-filing availability and procedures vary by county.

California Courts guide to filing divorce papers

If you file in person, the court generally keeps the originals and returns file-stamped copies to you.

Those stamped copies matter.

Keep them.

In a traditional divorce, you will need copies for service on your spouse.

How Much Does It Cost to File for Divorce in California?

California Courts currently lists the first filing fee for a regular divorce case as generally $435 to $450, depending on the court.

A respondent who files an FL-120 Response generally also pays a first-paper filing fee in that range unless the fee is waived.

For California’s 2026 Joint Petition process, the current total filing fee is $870.

Fees can change, so check your court before filing rather than relying on an old blog post or video.

Including this one.

Yes, I said it.

Check.

What If You Can’t Afford the Divorce Filing Fee?

You can ask the court to waive court fees.

The primary forms are:

FW-001: Request to Waive Court Fees

and

FW-003: Order on Court Fee Waiver

You complete the FW-001 and the first portion of the FW-003. The clerk or judge records the decision on the FW-003.

A person may qualify based on receiving certain public benefits, household income, or being unable to pay court fees while still meeting basic household needs.

One important thing to know: FW-001 is confidential.

This is your private financial information for the court. It is not part of the packet you hand your spouse when you serve the divorce papers.

California Courts fee waiver instructions

Step 7: In a Traditional Divorce, Serve Your Spouse Correctly

You filed your FL-100.

The court stamped it.

You have a case number.

Now your spouse needs to be formally notified.

This is called service.

And you cannot serve the initial divorce papers yourself.

Your server must be at least 18 years old and not a party to the case. That person can be a friend, family member, professional process server, or, in some areas, a county sheriff.

I know your 22-year-old child technically may satisfy the age rule.

Please don’t put your child in the middle and ask them to serve their other parent if you have another reasonable option.

We can do better than that.

What Papers Does Your Spouse Receive?

Your spouse generally receives copies of the filed papers and any required blank response forms.

That includes a copy of the filed Petition and Summons and a blank:

FL-120: Response, Marriage/Domestic Partnership

If children are involved, additional forms may also be required for the response. California Courts instructs the server to provide the file-stamped papers, a blank FL-120, and any other blank forms the respondent may need.

California Courts guide to serving divorce papers

Personal Service vs. FL-117 Service by Mail

There are different ways service can happen.

Personal Service

Someone physically delivers the papers to your spouse.

Afterward, the server completes:

FL-115: Proof of Service of Summons

The Proof of Service tells the court that service was completed.

Service by Mail With FL-117

When spouses are cooperating, one option I often prefer is service by mail using:

FL-117: Notice and Acknowledgment of Receipt

This is not simply dropping the divorce papers in the mail and declaring your spouse served.

Your server mails the documents, the FL-117, and a return envelope. Your spouse signs the acknowledgment and returns it. The signed acknowledgment is then used with the Proof of Service to establish that service was completed.

That’s an important distinction.

“I mailed it” is not the same thing as “service is complete.”

What If Your Spouse Files a Response Before Formal Service?

Sometimes your spouse already knows you filed.

Maybe you told them.

Maybe they saw the case online.

Maybe you handed them a copy yourself, which does not by itself satisfy the normal personal-service requirement.

But then they go to court and file an FL-120 Response.

Their formal appearance in the case can matter for California’s six-month waiting period even if traditional service did not happen first.

That brings us to the clock.

When Does the Six-Month California Divorce Clock Start?

California has a minimum six-month waiting period before marital status can be terminated.

In a traditional divorce, that period is generally measured from the date the respondent was served or appeared in the case, whichever occurs first.

For a 2026 Joint Petition case, the six-month waiting period begins when the Joint Petition is filed.

This is why starting your case correctly matters.

You want that clock running.

Not because you have to race through the divorce.

But because those six months give you time to complete the rest of the work.

Filing Is Only Step 1

Once your divorce is filed and service is complete, you are not done.

You have opened the case.

Now you have time to complete financial disclosures, mediate unresolved issues, work on a parenting plan, divide property and debt, and prepare your final agreement and judgment.

For parents of children with special needs, this is also the time to think carefully about whether a parenting plan actually works with your child’s life.

School.

IEP meetings.

Therapies.

Medical appointments.

Transportation.

Specialized childcare.

Transitions between homes.

You do not have to solve all of that on the day you file your Petition.

You just need to start correctly and keep moving.

You Can File for Divorce Yourself, But You Don’t Have to Navigate It Alone

California has excellent self-help resources, and many people are completely capable of filling out these forms themselves.

The harder part is often knowing what happens next.

That’s where support can matter.

When I work with couples on their California divorce paperwork, I work with both spouses together as a neutral. My role is not to advocate for one person against the other. It is to help guide the couple through the process, prepare documents at their direction, keep track of the next steps, and help move the case from filing to completion.

Shepherd you through it?

Sure.

Apparently we’re shepherding now.

If you and your spouse want help with filing for divorce in California, divorce paperwork, mediation, or navigating divorce while parenting a child with special needs, you can schedule a free 15-minute consultation with Pivotal Peace.

We can talk about where you are, what needs to happen next, and whether working together is the right fit.

Because filing your divorce does not have to be the scary part.

It is just Step 1.