How do I file for divorce in California?

California divorce, called 'dissolution of marriage,' is governed by the Family Code. Here is the process step by step.

1. Residency Requirements — At least one spouse must have lived in California for 6 months and in the filing county for 3 months before filing.

2. No-Fault Grounds — California is a pure no-fault state. You may cite 'irreconcilable differences' or, rarely, 'permanent legal incapacity to make decisions.' Fault is not considered.

3. Required Forms — File the Petition (FL-100), Summons (FL-110), and if you have children, the Declaration Under UCCJEA (FL-105). A Property Declaration (FL-160) and Income and Expense Declaration (FL-150) follow.

4. Filing Fee — Approximately $435–$450, varying by county. Fee waivers (FW-001) are available for low-income filers.

5. Service of Process — Your spouse must be personally served by an adult who is not you. They have 30 days to file a Response (FL-120). Default judgment is available if they do not respond.

6. Waiting Period — California imposes a mandatory 6-month-and-1-day waiting period from the date of service before the divorce can be finalized, even if everything is uncontested.

7. Property Division — California is a community property state. Assets and debts acquired during marriage are split 50/50. Separate property (acquired before marriage or by gift/inheritance) stays with the original owner.

8. Final Judgment — Submit the Judgment (FL-180) and Notice of Entry of Judgment (FL-190). The court signs, and your divorce is final on the date listed.

This is legal information, not legal advice.