How to File for Divorce in California
Filing for divorce in California starts with a path choice: the standard Petition and Summons route, or the 2026 Joint Petition route if both spouses agree or plan to agree on every issue. The right path controls your forms, service requirements, county filing workflow, and next deadlines.
Last reviewed: June 12, 2026
Quick answer
File the right forms in the right county, then handle service and disclosures.
To start a California divorce, prepare the correct Judicial Council forms, file them with the county court, pay the filing fee or request a fee waiver, keep file-stamped copies, serve the other spouse if service is required, and begin financial disclosures. The court process takes at least six months, but document organization starts on day one.
Use this as your filing map
First decision
Choose your filing path
California now has more than one practical starting path. Pick the route that matches the real level of agreement between the spouses, not the route that looks easiest on paper.
| Path | Main forms | Best fit | Service issue |
|---|---|---|---|
| Standard divorce filing | FL-100, FL-110, FL-105 if minor children, local forms, fee waiver if needed | One spouse starts the case, the other spouse may respond, or the spouses do not yet agree on all terms. | Initial papers must be served by someone at least 18 who is not a party. File FL-115 after service. |
| Joint petition filing | FL-700, FL-710, child-related and local forms if applicable, fee waiver if needed | Both spouses agree, or plan to agree, on every issue: support, property, debt, custody, visitation, fees, and costs. | FL-700 states that filing the joint petition waives service of the Petition and Summons. |
| Summary dissolution or special path | Different forms and eligibility rules | Short marriages or simpler cases that meet strict eligibility rules, or cases involving annulment or legal separation. | Use the official California Courts self-help site or county self-help center to confirm the correct workflow. |
Source-backed
Official forms and authority links
Use official California Courts pages and Judicial Council forms as the source of truth. County pages add local filing instructions, but statewide forms still drive the case.
Statewide overview of starting a divorce, legal separation, or annulment case.
The court's four-step overview of a California divorce, including the minimum six-month timeline.
Official guidance on preliminary disclosures, deadlines, and what is shared versus filed.
How to ask the court to waive filing fees if you cannot afford them.
Use this to confirm your county court, local forms, filing options, and self-help resources.
| Form | Use | Watch point |
|---|---|---|
| FL-100 Petition - Marriage/Domestic Partnership | The standard form one spouse uses to start a divorce or legal separation case. | Use this path when one spouse is filing or the spouses are not ready to file jointly. |
| FL-110 Summons | Notifies the other spouse that a family law case has started and includes automatic temporary restraining orders. | After filing, the Summons and Petition package usually must be served on the other spouse. |
| FL-105 UCCJEA Declaration | Required in cases involving minor children so the court has child residence and custody history. | Gather addresses and dates for where each child lived during the period requested by the form. |
| FL-115 Proof of Service of Summons | Filed after the initial divorce papers are served in a standard Petition/Summons case. | You cannot serve your own initial divorce papers. The server must be at least 18 and not a party. |
| FL-700 Joint Petition | A 2026 joint filing path for spouses or registered domestic partners who agree, or plan to agree, on all issues. | Do not use it if you disagree. The form says to use FL-100 and FL-110 instead. |
| FW-001 Request to Waive Court Fees | Used when you ask the court to waive filing fees because you cannot afford them. | If you e-file, confirm how the county or provider handles court fees and provider fees. |
Step-by-step California divorce filing workflow
Confirm county, residency, and case type
Choose FL-100/FL-110 or FL-700
File with the county court
Serve the other spouse if required
Start preliminary financial disclosures
Build the settlement file while the case moves
Prepare judgment paperwork
Checklist
Documents to gather before and after filing
The filing forms ask for basic case facts, but the divorce case quickly becomes a document case. Organize these records early so disclosure, settlement, and calculator work do not become a scramble.
Case basics
- Legal names, contact information, and current mailing addresses.
- Date of marriage or domestic partnership registration.
- Date of separation, if known.
- County where you plan to file and residency facts.
- Minor children names, birth dates, and residence history if children are involved.
Filing forms and filing proof
- FL-100 and FL-110 for a standard filing, or FL-700 for a joint petition filing.
- FL-105 if minor children are involved.
- Local family law cover sheet or county forms if required.
- FW-001 fee waiver request if you cannot afford court fees.
- File-stamped copies, e-filing confirmations, rejection notices, and envelope numbers.
Service records
- A complete copy of the filed Petition/Summons packet.
- Blank Response form packet for the other spouse when required.
- Server name, address, service date, time, and method.
- FL-115 Proof of Service of Summons after service is completed.
- Proof of electronic service or delivery records if later papers are served electronically.
Disclosure and property prep
- Tax returns, pay stubs, bank statements, debt statements, and retirement records.
- Deeds, mortgage statements, refinance documents, and title-change records.
- Brokerage statements, RSU grants, stock option documents, vesting schedules, and W-2s.
- Separate-property tracing documents, inheritance records, and gift records.
- Post-separation payment records for mortgage, taxes, insurance, HOA, debt, and repairs.
Important disclosure note
County filing and local intent
The forms are statewide, but the filing experience is local. Searchers often need county-specific answers: whether e-filing is available, what local forms are required, where self-help is located, and how the county reviews judgment packets.
Common filing mistakes
| Mistake | Better approach |
|---|---|
| Choosing the wrong filing path | Use FL-700 only if both spouses agree, or plan to agree, on all issues. Use the standard FL-100/FL-110 path when there is disagreement or only one spouse is ready to file. |
| Treating filing and service as the same step | Filing sends papers to the court. Service gives papers to the other spouse. In a standard case, the court cannot move forward until service is completed correctly. |
| Serving the initial divorce papers yourself | Have someone at least 18 who is not a party serve the initial papers, then file FL-115. |
| Waiting too long to organize disclosures | California Courts says preliminary disclosures are due within 60 days after filing the Petition for the petitioner and within 60 days after filing the Response for the respondent. |
| Putting private disclosure attachments in the court file | Financial disclosures are generally shared with the other party. FL-141 is filed to tell the court disclosures were served. |
| Filing without checking county instructions | Statewide Judicial Council forms are only part of the workflow. County e-filing, local forms, self-help workshops, and judgment review rules can vary. |
Filing turns into numbers
If you own a home or have RSUs, start organizing valuation records now.
The Petition starts the case. The property documents often decide whether settlement is realistic. If the marital estate includes a home, title change, post-separation payments, RSUs, stock options, or retirement accounts, collect the evidence before mediation or a settlement conference.
Related California divorce guides
California Divorce E-Filing by County
County portals, filing confirmations, electronic service, and proof-of-service forms.
California Preliminary Declaration of Disclosure
FL-140, FL-141, FL-142, FL-150, and the financial documents to gather after filing.
Family Court Self-Help Centers
What self-help can and cannot do, what to bring, and how to ask better questions.
California Divorce Property Settlement Checklist
Turn filed papers and disclosures into a settlement-ready property plan.
California Divorce County Resources
Local court links, self-help resources, county pages, and divorce data by county.
Real Property Calculator
Use when a home, mortgage paydown, title change, or reimbursement issue matters.
How to file for divorce in California FAQ
How do I file for divorce in California?
Choose the correct filing path, prepare the statewide forms, file them with the proper county court, pay the filing fee or request a fee waiver, serve the other spouse if using the standard Petition/Summons path, then complete financial disclosures and judgment paperwork.
What forms do I need to start a divorce in California?
Most standard cases start with FL-100 Petition and FL-110 Summons. Cases with minor children also commonly need FL-105. If both spouses agree or plan to agree on all issues, the 2026 FL-700 Joint Petition path may be available.
Can spouses file for divorce jointly in California?
Yes, beginning in 2026 California has FL-700 Joint Petition for spouses or registered domestic partners who agree, or plan to agree, on all issues. The form says not to use it if the spouses disagree.
Do I have to serve divorce papers after filing?
In a standard FL-100 and FL-110 case, yes. Someone at least 18 who is not a party must serve the initial papers, and FL-115 is filed afterward. FL-700 has a different service rule because filing the joint petition waives service of the Petition and Summons.
Can I e-file divorce papers in California?
Often, but e-filing depends on the county, case type, and document type. Check your county court's family law and e-filing instructions before submitting.
What happens after I file for divorce?
After filing, handle service if required, watch for any response, complete preliminary financial disclosures, negotiate or litigate issues, and prepare final judgment paperwork. California divorce takes at least six months.
Do I need financial disclosures if we agree?
Yes. California Courts says financial disclosures are required in every divorce or legal separation. The disclosure documents are generally shared with the other party, while FL-141 is filed with the court after service.
Can I ask for a fee waiver when filing divorce in California?
Yes. If you cannot afford the filing fee, you can ask the court for a fee waiver. If approved, it can allow you to file without paying court filing fees and may cover some other court costs.
Legal disclaimer: This guide is for informational and educational purposes only and does not constitute legal advice. California divorce procedure can change, and county practice varies. Confirm current requirements with the court, self-help center, or a licensed California family law attorney before filing.