How to File for Divorce in California 2026: Complete Guide

Filing for divorce in California can be a complex legal process. This comprehensive guide walks you through every step, from understanding residency requirements to finalizing your divorce decree. Whether you're considering an uncontested or contested divorce, this guide provides the essential information you need.

California Residency Requirements

Before you can file for divorce in California, you must meet specific residency requirements:

• Either you or your spouse must have been a California resident for at least 6 months
• You must have lived in the county where you're filing for at least 3 months
• If you don't meet these requirements, you may file for legal separation instead

Required Forms and Documents

To initiate divorce proceedings in California, you'll need to file several forms with the superior court:

Primary Forms

• FL-100: Petition for Dissolution of Marriage - The primary document that starts your divorce case
• FL-110: Summons - Legal notice to your spouse about the divorce filing
• FL-105: Declaration Under UFMJA - Information about your children (if applicable)
• FL-160: Property Declaration - List of all assets and debts

Step-by-Step Filing Process

Step 1: Prepare Your Forms

Complete all required forms carefully. You may want to consult with a family law attorney to ensure accuracy, especially if you have:

• Significant assets or debts
• Complex property division issues
• Child custody or support concerns
• Spousal support (alimony) questions

Step 2: File with the Court

Submit your completed forms to the superior court clerk in the county where you meet the residency requirement. You'll need to pay the filing fee of $435 (as of 2026). If you cannot afford the fee, you can request a fee waiver by filing form FW-001.

Step 3: Serve Your Spouse

After filing, you must legally "serve" your spouse with copies of the divorce papers. This can be done through:

• Personal service by a process server
• Service by mail (with acknowledgment of receipt)
• Substituted service (if personal service isn't possible)

Step 4: Wait for Response

Your spouse has 30 days from the date of service to file a response (Form FL-120). If they don't respond, you can request a default judgment.

Costs and Fees

Expected Timeline

The divorce process in California follows a specific timeline:

• 6-month waiting period: Required before divorce can be finalized
• Uncontested divorce: 6-12 months total
• Contested divorce: 12-18 months or longer
• Complex cases: Can take 2+ years

Frequently Asked Questions

How much does it cost to file for divorce in California?

The filing fee for a divorce petition in California is $435 as of 2026. The responding party also pays $435 to file their response. Fee waivers are available for those who qualify based on income.

How long does a divorce take in California?

California has a mandatory 6-month waiting period from the date the respondent is served until the divorce can be finalized. However, the entire process typically takes 12-18 months for contested divorces.

Do I need a lawyer to file for divorce in California?

No, you can file for divorce without a lawyer in California. However, legal representation is recommended for complex cases involving significant assets, child custody disputes, or spousal support issues.