How to File for Divorce in California

Residency Requirements Before You File

Before you can file for divorce in California, you must meet the residency requirements. How do I file for divorce in california? First confirm eligibility: at least one spouse must have been a resident of California for the past six months, and a resident of the county where you plan to file for the past three months. If you do not yet meet the county residency requirement but meet the state requirement, you can file for legal separation first and then amend your petition to dissolution once the county requirement is satisfied. If neither party meets California's residency requirements, you cannot file in California at all.

Step 1 -- Complete the Required Forms

How do you file for divorce in california? The two forms required to initiate a California divorce are the Petition for Dissolution of Marriage or Domestic Partnership (form FL-100) and the Summons (form FL-110). If you have minor children, you must also complete the Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (form FL-105). All Judicial Council forms are available free at courts.ca.gov or at the courthouse clerk's office. On the FL-100 petition, you will identify the parties, state the date of marriage and date of separation, identify the children if any, and indicate what relief you are requesting -- dissolution, property division, custody, support, and attorney fees.

How to file for a divorce in California also requires you to provide your preliminary financial disclosures. Each party must serve the other with a Schedule of Assets and Debts (form FL-142) and an Income and Expense Declaration (form FL-150). These disclosures are mandatory under California Family Code section 2100 and must be served within 60 days of filing the petition. Failing to make complete and accurate financial disclosures is a breach of fiduciary duty that can result in sanctions and set-aside of any agreement entered without complete disclosure.

Step 2 -- File at the Superior Court

How do i file divorce in california? Take your completed FL-100, FL-110, and FL-105 (if applicable) to the Superior Court clerk's office in your county and file them along with the filing fee. The current filing fee for an initial divorce petition in most California counties is approximately $435 to $450. If you cannot afford the filing fee, you can apply for a fee waiver (form FW-001) at the same time. The clerk will stamp your documents with a file date and return copies to you. The court will assign a case number to your divorce proceeding.

For Orange County clients, divorce petitions are filed at the Lamoreaux Justice Center at 341 The City Drive South in Orange, or at the Harbor Justice Center at 4601 Jamboree Road in Newport Beach, depending on which zip code you live in. For Riverside County clients in Murrieta, Temecula, or Menifee, petitions are filed at the Southwest Justice Center at 30755-D Auld Road in Murrieta.

Step 3 -- Serve Your Spouse

How to file for divorce in california after filing: you must have the divorce papers personally served on your spouse. You cannot serve the papers yourself -- a third party who is at least 18 years old and not a party to the case must personally deliver the Summons, Petition, and any other filed documents to your spouse. Many people use a registered process server. After service, the process server completes a Proof of Service of Summons (form FL-115) which you file with the court. Service is important because the six-month waiting period does not begin until the date of service -- not the date of filing.

The Summons (FL-110) contains the Automatic Temporary Restraining Orders (ATROs) that take effect immediately when the divorce is filed. The petitioner is bound by the ATROs from the moment of filing. The respondent is bound from the moment of service. ATROs prohibit both parties from: transferring, encumbering, or disposing of property without the other's written consent or a court order; removing the minor children from the state without consent or a court order; and canceling or modifying insurance coverage. Violating the ATROs is a serious matter that can result in contempt of court.

Step 4 -- Respond or Default

How long after divorce can you remarry in California? After the divorce is final -- the judgment is entered and the dissolution date has passed -- you are free to remarry. The earliest possible dissolution date is six months and one day after service of the petition.

After being served, the respondent has 30 days to file a Response (form FL-120). Filing a Response allows the respondent to state their own position on all issues -- property, custody, support, and fees. If the respondent does not file a Response within 30 days, the petitioner can request the respondent's default and proceed to finalize the divorce without the respondent's participation. A default divorce still takes at least six months from the date of service and still requires the petitioner to submit a proposed judgment with all terms.

Step 5 -- The Six-Month Waiting Period

California Family Code section 2339 prohibits the court from entering a final judgment of dissolution before six months and one day have elapsed from the date the respondent was served. How long after filing is divorce final in California? At minimum, six months and one day from service. There is no exception to this waiting period -- the court cannot waive it even if both parties agree and have no contested issues.

How to put divorce on hold in California: either party can request that the case be placed on a continuance or that no action be taken during the waiting period if they need more time to negotiate. The waiting period runs regardless of whether the parties are actively negotiating or have reached an impasse. The divorce cannot be finalized before the six months expire, but neither does the clock stop running because of delays in negotiations.

Step 6 -- Finalize the Divorce

After the six-month waiting period expires, the divorce is finalized by submitting a Judgment (form FL-180) to the court along with any supporting documents -- typically a Marital Settlement Agreement addressing all property, support, and custody issues. The court reviews the judgment and, if it is in proper form, signs it and enters the divorce as final. The date the judgment is entered is not automatically the date the parties are free to remarry -- the judgment specifies the effective date of dissolution, which is the date the marriage legally ends.

How long after divorce can you remarry? Once the judgment is entered and the dissolution date specified in the judgment has passed, you can legally remarry. If you need the divorce finalized as quickly as possible to enable remarriage, ensuring your case is uncontested and all paperwork is properly prepared before the six-month waiting period expires is the best approach. Call Furubotten Law, APC at (714) 795-3862 for assistance with any stage of the California divorce process.

Last reviewed: June 2026 · Author: Denise Furubotten, Esq.

Additional Filing Questions

How do I file for a divorce in California when my spouse is hard to locate? Service by publication is available when a spouse's location is unknown despite diligent search efforts. The petitioner files a declaration describing the search efforts, and the court can authorize service by publishing the summons in a newspaper of general circulation. A spouse who cannot be located can still be defaulted, and the divorce can proceed to judgment.

What happens if you don't sign divorce papers in California? If the respondent fails to file a response within 30 days of being served, the petitioner can request the respondent's default. A default does not stop the divorce -- it allows the petitioner to proceed without the respondent's participation. The petitioner submits a proposed judgment and, after the six-month waiting period expires, the court can enter the judgment based on the petitioner's proposed terms. The respondent loses the right to contest property division, support, and other terms by failing to respond.

FL-150 income and expense declaration: the FL-150 is one of the most important financial disclosure forms in California family law. Both parties must complete and serve an FL-150 as part of their mandatory financial disclosures and in connection with any hearing involving support or attorney fees. The FL-150 requires disclosure of all income sources, monthly expenses, assets and debts, and health insurance information. Accurate and complete FL-150 completion is essential -- misrepresentation on this form is a breach of fiduciary duty and can result in sanctions, set-aside of agreements, and adverse evidentiary consequences.

How to file for separation in California: a petition for legal separation uses the same forms as a dissolution petition -- form FL-100, checking the "legal separation" box rather than "dissolution." The filing fee, service requirements, and financial disclosure obligations are identical. Legal separation has no residency waiting period, making it available to spouses who have not yet met California's six-month state residency requirement. Either party can later convert a legal separation proceeding to a dissolution once the residency requirement is met.

Divorce judgment and remarriage: once the court enters the judgment of dissolution and the dissolution date specified in the judgment has passed, both parties are legally free to remarry. In most California dissolution judgments, the dissolution date is set at six months and one day from the date of service. If you need your marital status restored by a specific date -- for immigration, tax, or personal reasons -- ensuring your case is ready for judgment before the six-month waiting period expires is critical.

Frequently Asked Timing Questions

How long can a divorce be put on hold in California? Either party can ask for continuances of hearings, delay filing financial disclosures, or slow down the overall process -- but the six-month waiting period runs regardless. If both spouses agree to pause negotiations, the divorce proceedings can be inactive for months or years while the waiting period continues to run. A divorce can be put on hold indefinitely if neither party pushes it forward. If one party wants to move the case forward and the other is delaying, they can file a motion with the court to set a trial date and compel progress.

How long after a divorce can you remarry in California? You can remarry immediately after the dissolution date specified in your divorce judgment passes. The judgment specifies the date on which the marriage is legally dissolved -- typically six months and one day after the respondent was served. Once that date has passed and the judgment is entered, you are free to remarry. There is no additional waiting period between the divorce becoming final and being able to remarry. Divorce judgement entry by the court clerk confirms the marriage is dissolved and you can request a certified copy for use in remarriage applications.

How do I file for divorce in California -- how file for divorce in California: the short answer is to complete form FL-100 (Petition), form FL-110 (Summons), and form FL-105 (Child Custody Jurisdiction Declaration, if you have minor children); file them at the Superior Court clerk's office in the county where you have resided for the past three months; pay the filing fee; and then arrange for the papers to be personally served on your spouse. Full step-by-step instructions are on this page above.