How to File for Divorce in California

In California, the process of divorce is called a dissolution of marriage. A dissolution for any married couple will accomplish two things: (1) severing the marital relationship, and (2) dividing assets and debts. If they have been married for a significant length of time and one of them will be unable to be self-supporting, the issue of alimony may arise. If there are minor children, they will need to resolve issues of child custody, visitation, and support.

Before you file for divorce in California, here is a preview of what the process looks like.

California divorce laws

In order to get a divorce or legal separation in California, you must meet the residency requirements and disclose your grounds for divorce.

Residency requirements

To file for dissolution of marriage in California, the party filing for dissolution must have been a resident of California for at least six months, and a resident of the county in which they’re filing for at least three months.

To prove you meet the residency requirements, you’ll be asked to sign a document under oath stating either you or your spouse meet the requirements.

If neither of you meet the residency requirements, the only option is legal separation, which can be amended to divorce once the residency requirements are met.

Grounds for divorce

Grounds are legally recognized reasons to get a dissolution and sever the marital relationship. 

California has what is commonly called a no-fault ground for dissolution. A no-fault divorce requires no proof of wrongdoing. Originally, divorce in the U.S. required proving a specific “fault.” This could be cruelty, adultery, desertion, or impotence. 

California was the first state in the U.S. to adopt no-fault divorce. The California Family Law Act of 1969 revolutionized family law in the U.S. and no-fault divorce has since been adopted by every state in the nation. The most common type of divorce today is no-fault.

If you’re filing for a no-fault divorce, you need to state in the Petition that: “The parties have irreconcilable differences which have caused the irremediable breakdown of the marriage.”

The only other ground for dissolution is if your spouse has a permanent legal incapacity to make decisions.

Types of divorce in California

There are two main types of divorce in California: summary dissolution and regular dissolution.

Summary dissolution of marriage

A summary dissolution of marriage is a simplified divorce process that’s available to some couples. The process allows the divorcing couple to avoid a court hearing by agreeing to the divorce terms and filing a joint petition. This process is generally less contentious and can save you both time, money, and energy.

To use the summary dissolution process to get a divorce, you must meet all of the requirements set out in California’s Summary Dissolution Information booklet.

Here are some of the most important requirements:

• You share no children with your spouse and neither of you is pregnant
• You have not been married for more than five years
• You do not own any real estate, together or separately
• Community property doesn’t exceed $53,000
• You have both agreed to and signed a petition detailing the distribution of any shared assets

The process follows these simplified steps:

1. Read the Summary Dissolution Information booklet
2. Fill out financial documentation
3. Share your financial information with your spouse
4. Fill out forms and reach an agreement to split assets and debts
5. File those forms with the court and pay the necessary fee
6. Meet the six-month waiting requirement and then receive court approval of your summary dissolution

At any point during the six-month waiting period, either you or your spouse can choose to stop the process and not end the marriage.

Regular dissolution of marriage

If you are not eligible for a summary dissolution of marriage, you will follow the regular dissolution of marriage process. If you and your spouse agree on all key issues (such as how to split community property and where the kids will live), you’ll be filing for an uncontested divorce. If you are unable to reach an agreement, you’re in for a longer process and a court battle; a contested divorce generally takes longer and is more expensive. 

How to get a divorce in California

The regular dissolution of marriage in California follows a clear process of filing paperwork, assessing shared assets, deciding how those assets and debts should be divided, and receiving a final judgment at a court hearing. 

Step 1: Consult a divorce attorney

While working with a divorce attorney isn’t a requirement in California, it can help make the process smoother for you and your spouse. A divorce attorney can represent your wishes during negotiation and make sure that your rights are protected throughout the process.

Whether you’re filing for divorce or responding to a request, a divorce attorney can ensure that you have someone supporting you in getting the best outcome possible.

Step 2: Prepare divorce papers

To file for dissolution of marriage in California, you’ll need to fill out and submit multiple forms.

Different circumstances call for different paperwork. You can use the California courts self-help guide to determine which forms you’ll need based on the unique factors of your situation, such as if your spouse is cooperating or whether or not you agree on the division of property.

These are the primary forms everyone will need to fill out:

• Petition. Form FL-100 is your petition for dissolution of your marriage. This form asks questions about your marriage and asks you to present any terms that you want the court to rule on.
• Summons. Form FL-110 is the summons that informs your spouse that you’ve filed for divorce and started a court case. They have 30 days to respond to your summons.

If you have children with your spouse, you’ll need to file an additional form:

• Declaration under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). Form FL-105 tells the court about your children, where they were born, where they live, and if they’re currently part of any active court cases.

Once you have filled out the forms, make two copies of each. You’ll bring the original and two copies with you to file your petition.

Step 3: File the petition

Submit your filled-out paperwork with the court clerk at your local county courthouse along with the filing fee or a formal request for the fee to be waived. You’ll leave the original and two copies of each form with the office and you’ll receive a case number to track your filing.

Once the clerk’s office has reviewed the forms, they will be stamped and returned to you. The clerk keeps the originals, one copy is for you, and the other is for your spouse.

If you can’t file in person, you may be able to file by mail or online. This will depend upon the county where you’re filing your paperwork. If you submit by mail, include a stamped and addressed envelope to receive your copies back. Otherwise, you’ll need to go in person to pick them up.

Step 4: Serve divorce papers

The official way to let someone know a court case has started is to serve them with papers. Even if your spouse already knows you’ve filed for divorce, you must serve them with the official papers.

In California, your divorce forms must be served to your spouse by another adult. You cannot serve your spouse with papers. You can have a friend, local sheriff (in some counties), or process server serve your spouse with papers.

You may want or need to hire a professional process server to deliver your divorce papers. If you don’t know anyone who feels safe to deliver the papers, don’t know where your spouse is, or if your spouse lives far away, you might use a process server.

After serving the paperwork, the server must fill out and file Form FL-115, Proof of Service of Summons.

Step 5: Spouse response

Once your spouse has been served, they have 30 days to respond. If they don’t respond within that time, they’ve given implicit consent and your divorce case can proceed.

Your spouse has these options for response:

• Agreeing. If your spouse agrees to the terms set forth in your petition (including big ticket items like financial support, child custody arrangements, and how to split assets) you may not need to go to court.
• Contesting. If your spouse does not agree to the terms, you both will need to petition the court to decide for you.
• Defaulting. If your spouse doesn’t respond, the case will proceed without their input. The court is likely to side with your wishes, as long as they are lawful.

Step 6: Financial disclosure

During this step, you and your spouse will exchange information about your finances, including your income, assets, and debts. 

You don’t need to share this financial information with the court, only with your spouse. Once shared, you will both submit a form to the court confirming that the financial disclosure has been made.

Both parties have two months to make their financial disclosure.

• For the petitioner: If you started the divorce process, you have 60 days from the date of filing the petition to make your financial disclosure. 
• For the respondant: If you received a divorce summons, you have 60 days after filing your response to make your financial disclosure.

The financial information shared between spouses is used to divide property and debts equitably. It’s important to be honest and truthful with financial disclosures. If you lie or leave out property, the court can levy fines, require you to pay your spouse’s legal fees, or decide the property now belongs to your former spouse.

Step 7: Negotiate and settle (if you can)

If your spouse has responded to your dissolution of marriage petition, this step is where you and your spouse will make decisions about issues such as child custody, child support, spousal support or alimony, and division of assets. You can make decisions together without the court’s input or ask the court for help with arbitration.

If you and your spouse can’t agree on your own, you can also seek mediation. A mediator can help you make decisions that are fair to you both during this phase of the California divorce process. It's also smart to work with a family law attorney, especially if children are involved. Even if you agree on everything, a lawyer can help ensure your interests and rights are being protected.

If your spouse has chosen not to participate or respond, you can continue to the next step without their input.

Step 8: Court hearing and final judgment

Finally, your paperwork will be reviewed by a judge. If the judge agrees and there are no mistakes, they will issue a final judgment.

California has a mandatory six-month waiting period to finalize a divorce. The start date of this waiting period is the day your spouse is served with the divorce papers. Once this time has passed, your divorce is finished and official.

Ending a domestic partnership in California

Ending a domestic partnership in California is quite similar to the process for a dissolution of marriage.

Domestic partners can request a summary dissolution if they are in agreement or follow the regular dissolution process if they are not.

The major difference between the two processes is that the domestic partners will file their paperwork with the California Secretary of State instead of their local county clerk. As well, there is no filing fee for ending a domestic partnership.

How much does a divorce cost in California?

Your California divorce will require paying a filing fee that ranges between $435 and $450. You can request a fee waiver if you can demonstrate financial hardship.

You might be eligible for a fee waiver in the following scenarios:

• You receive public benefits
• You won’t be able to meet your basic needs if you pay the fee
• Your income is less than the designated amount (section 5b of Form FW-001)

In addition to the filing fee, you may also incur fees if you decide to consult with lawyers, mediators, or financial professionals. To ensure impartiality, you and your spouse should use separate lawyers.

Property division in California

For dividing property and debts, California adopts the concept of community property, where property acquired and debts incurred during the marriage is considered marital property. Generally, each party will keep their non-marital property, and any marital property will be divided between them. As a community property state, courts in California generally split marital property 50/50.

California law does not require the judge to consider any particular factors in dividing property. The judge may order arbitration if you and your spouse cannot reach an agreement on property and debt division.

Alimony in California

Alimony—also known as spousal support or spousal maintenance—is money paid by one spouse to another in order to financially support them after divorce. Alimony in California is awarded to lessen the financial disparity between two spouses and to alleviate hardship on a spouse that was financially dependent on the other.

The decision to award alimony or not is based on multiple factors:

• Earning capacity of each spouse
• Support provided by one spouse to the other to get training or an education
• Standard of living established during the relationship
• Duration of the marriage
• Age and health of spouses
• Reasonable amount of time necessary for one spouse to become self-supporting

Child custody and support in California

If you have any minor children, there will have to be a custody determination. There are two aspects to custody: legal custody and physical custody. Legal custody refers to the right to make major decisions for the child, and physical custody refers to where the child lives.

Traditionally, one parent was awarded custody, and the other was given visitation rights. California has adopted a preference for joint custody. The idea is that both parents should continue to be involved in decision making, and both parents should have significant contact with the child. But it all still comes down to figuring out how time with the child will be divided between the parents, and how decisions will be made.

According to California child custody laws, if the parties cannot reach an agreement on custody, the judge will make a decision based on the best interest of the child.

In addition to child custody, the parents or the court must also decide who will be financially supporting the child. This almost always results in one parent paying money to the other. Child support takes into account the needs of the child and each parent’s ability to meet those needs. This is done by referring to the California child support guidelines.

FAQs

How long does it take to get a divorce in California?

Due to the required waiting period, the minimum amount of time it will take to get a divorce in California is six months. This process can be prolonged by negotiations, court backlog, paperwork errors, and whether or not you and your spouse can agree to terms without a court ruling.

Who qualifies for a summary dissolution?

In California, a summary dissolution is a simpler divorce process. To qualify for a summary dissolution, you must:

• Not share children or be pregnant
• Neither of you own any part of any land or buildings
• Not have been married for more than five years

These are the basic requirements, there may be additional requirements that must be met to qualify.

Can I change my name during the divorce process?

Yes—you can change your name during the final step of the divorce process by checking certain boxes on the forms you submit to the court. You can only change your name to a previous name using this method.

 

Edward A. Haman, Esq. contributed to this article.