How to File for Divorce in California

To start a divorce in California, one spouse must have lived in California for the last 6 months and in the county where the case is filed for the last 3 months. A legal separation only requires that one spouse live in California, with no time requirement, and a legal separation case can later be changed to a divorce once the residency rule is met. Domestic partnerships registered in California have no residency requirement.

The filing fee for divorce papers is usually $435 to $450. If you cannot afford it, you can ask for a fee waiver (form FW-001). You qualify if you receive public benefits such as Medi-Cal, CalFresh, General Assistance, or SSI/SSP, if your household income is below the limit listed on the form, or on other grounds described in the court's fee waiver information.

Yes. Summary dissolution is a simpler, lower-cost process for couples who have been married less than 5 years (to the date of separation), have no minor children together, do not own or lease real estate (except a rental lease ending within a year), owe less than $7,000 together, have less than $57,000 in community property and less than $57,000 each in separate property, agree on how to divide property, and agree that neither will get support. One spouse must meet the 6-month state and 3-month county residency rule. Either spouse can stop it during the 6-month waiting period. Couples who do not qualify but agree on everything can file a joint petition for divorce, available starting January 1, 2026.

A divorce cannot become final until at least six months after the other spouse was served with the summons and petition or first appeared in the case, whichever comes first. The court can extend this for good cause. There is no six-month waiting period for a legal separation or an annulment.

The California Courts Self-Help Guide explains how to start a divorce and links to the official Judicial Council forms. To start, file the Petition—Marriage/Domestic Partnership (form FL-100) and the Summons (Family Law) (form FL-110); if you have children under 18, also file the Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (form FL-105). You may also need a fee waiver request, temporary order forms and local court forms. Free help is available from your court's self-help center or family law facilitator.