To file for divorce in California, you start with two California divorce forms: the Petition (FL-100) and the Summons (FL-110). From there, the forms you need depend on whether you have minor children, whether your spouse responds, and whether you qualify for the simpler summary dissolution process. Every form is a free Judicial Council form available on the California Courts website or at any courthouse self-help center. Before you file anything, confirm that you or your spouse has lived in California for at least six months and in the filing county for at least three months.1California Courts. Fill Out Your Divorce Forms
The Two Forms That Open Every Case
The Petition (FL-100) is the document that asks the court for a divorce. It identifies both spouses, states the dates of marriage and separation, and lists what you want the court to decide: property division, spousal support, custody, visitation, child support, and whether you want your former name restored.2Judicial Council of California. FL-100 Petition – Marriage/Domestic Partnership If you want your former name back, check item 11(b) and write the name in the space provided. Boxes you leave unchecked can limit what the court is allowed to order later, so read every section even if a topic seems not to apply.
The dates of marriage and separation drive two things judges care about: the window during which earnings and debts count as community property, and the calculation of spousal support. Get them right the first time.
The Summons (FL-110) is the formal notice to your spouse that the case exists.3Judicial Council of California. FL-110 Summons (Family Law) It carries automatic restraining orders on its back page that bind both spouses the moment you file. Neither of you can transfer or hide property, cancel or change beneficiaries on insurance, or take the children out of California without written consent or a court order. Ordinary living and business expenses are still allowed. These orders stay in effect until the judgment, a dismissal, or a different court order replaces them.
Filing and Fee Waiver Forms
You file the Petition and Summons with the clerk of the superior court in your county, in person or through the court’s electronic filing system. The filing fee is $435, with slightly higher amounts in Riverside, San Bernardino, and San Francisco due to a courthouse construction surcharge.4Superior Court of California. Statewide Civil Fee Schedule Effective January 1, 2026
If you cannot afford the fee, file a Request to Waive Court Fees (FW-001) along with the Order on Court Fee Waiver (FW-003). You may qualify if you receive public benefits, your income falls at or below set thresholds, or paying the fee would leave you unable to cover basic necessities.5California Courts. Request to Waive Court Fees (FW-001) The clerk returns stamped copies with your case number. Keep them. You will need them for service and for every future filing.
Forms for Serving Your Spouse
You cannot hand the papers to your spouse yourself. Someone at least 18 years old who is not a party to the case must do it, either a friend or a registered process server. After delivery, the server completes a Proof of Service of Summons (FL-115), and you file it with the court.6Judicial Council of California. FL-115 Proof of Service of Summons Without a filed proof of service, the case cannot move forward.
If your spouse will cooperate, you can serve by mail using the Notice and Acknowledgment of Receipt (FL-117). You mail the Petition, Summons, and two copies of the FL-117; your spouse signs and returns one copy.7California Courts. Notice and Acknowledgment of Receipt (FL-117) If they ignore it, you are back to personal service.
Response or Default
Your spouse has 30 calendar days after being served to file a Response (FL-120). The Response mirrors the Petition, with your spouse’s own requests about property, support, and custody.8California Courts. FL-120 Response – Marriage/Domestic Partnership The response filing fee matches the petition fee and is also eligible for a waiver.
If no Response arrives within 30 days, you can file a Request to Enter Default (FL-165). A default lets the court decide the case based on what you asked for in your Petition, without your spouse’s participation.9California Courts. How to Finish Your Divorce by Default (With Minor Children) Once default is entered, your spouse generally cannot file a late Response without the court’s permission.
Extra Forms When Minor Children Are Involved
If you have minor children with your spouse, file the Declaration Under the Uniform Child Custody Jurisdiction and Enforcement Act (FL-105) along with your Petition. It tells the court where the children have lived for the past five years and whether other custody cases exist anywhere in the country.10Judicial Council of California. FL-105 Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act You also must disclose anyone outside the case who claims custody or visitation rights, and any pending guardianship or domestic violence proceedings involving the children.
Any case with a child support order also needs a Child Support Case Registry Form (FL-191). Court rules require the FL-191 every time the court enters or modifies a support order, and no fee is charged.11Judicial Branch of California. Rule 5.330 Procedures for Child Support Case Registry Form If you submit a judgment without the FL-191, the clerk will hand you a blank one and wait.
The Financial Disclosure Packet
Both spouses must exchange a full picture of their finances. These disclosures are served on the other spouse, not filed with the court. What you file with the court is a Declaration Regarding Service of Declaration of Disclosure (FL-141) confirming you served them.12Judicial Council of California. FL-140 Declaration of Disclosure
Preliminary Disclosure
The cover form is the Declaration of Disclosure (FL-140). Attached to it goes either a Schedule of Assets and Debts (FL-142) or a Property Declaration (FL-160) listing every asset and debt you have or may have an interest in, whether community or separate.13California Legislative Information. California Family Code 2104 You also include your last two years of tax returns and a current Income and Expense Declaration (FL-150).
The FL-150 lays out monthly income and expenses in detail: wages, investment income, public assistance, housing, insurance, childcare, and the rest.14Judicial Council of California. FL-150 Income and Expense Declaration It drives child support and spousal support calculations, so pull actual numbers from pay stubs and bank statements rather than estimating.
Final Disclosure or Waiver
Before the court will enter a judgment dividing property, both spouses must either complete a final disclosure or formally waive it.15California Legislative Information. California Family Code 2106 In many uncontested cases, both spouses sign a Stipulation and Waiver of Final Declaration of Disclosure (FL-144) confirming they already exchanged full preliminary disclosures, updated them to current values, and traded current income and expense information.16Judicial Council of California. FL-144 Stipulation and Waiver of Final Declaration of Disclosure The waiver confirms you met the duty to disclose; it does not eliminate it.
Hiding assets or lying on these sworn forms is one of the fastest ways to have a judgment thrown out. The Family Code allows the court to set aside any part of a judgment materially affected by incomplete disclosure.13California Legislative Information. California Family Code 2104
Summary Dissolution: A Shorter Form Set
Couples who meet every requirement on a strict checklist can use a simpler form path. The main document is a Joint Petition for Summary Dissolution (FL-800) signed by both spouses. To qualify, your marriage must be under five years from marriage to separation, you must have no minor children together and no pregnancy, neither spouse can own real estate (a lease without a purchase option expiring within a year is fine), community property excluding cars must be under $57,000, separate property excluding cars must be under $57,000 per spouse, debts incurred during the marriage excluding car loans must be under $7,000, and both spouses must agree to waive spousal support permanently.17California Courts. Find Out If You Qualify for Summary Dissolution
Both spouses file the Joint Petition with a property settlement agreement dividing assets and debts, and both sign a statement confirming they read the Summary Dissolution Information booklet (FL-810).18Judicial Council of California. FL-810 Summary Dissolution Information Either spouse can stop the process during the six-month waiting period by filing a Notice of Revocation (FL-830). The waiver of spousal support and appeal rights is permanent, so weigh this path carefully.
Forms That Finalize the Divorce
After disclosures are exchanged and either a default has been entered or both spouses have agreed on terms, you prepare the final package. The main form is the Declaration for Default or Uncontested Dissolution (FL-170), which covers three situations: a default with no written settlement, a default with a written settlement, or an uncontested case where both spouses participated and signed an agreement.19Superior Court of California. FL-170 Declaration for Default or Uncontested Dissolution
With the FL-170 you submit a proposed Judgment (FL-180), the document the judge actually signs to end the marriage. The FL-180 states the termination date and incorporates every order on custody, support, property division, and name restoration. If children are involved, you typically attach the custody and visitation order (FL-341), the child support order (FL-342), and the FL-191. For cases with spousal support, attach the support order (FL-343).
Once the judge signs, the court issues a Notice of Entry of Judgment (FL-190) with the date the judgment was entered and the date the marriage officially ends.20California Courts. Notice of Entry of Judgment (FL-190) Keep it. You will need it to prove you are legally single, and the date on it controls when you can remarry. Even with every form prepared perfectly, no California divorce can be finalized until at least six months after your spouse was served or first appeared in the case.21California Legislative Information. California Family Code 2339