The cheapest divorce in California costs a single filing fee of $435 to $450, and nothing at all if you qualify for a fee waiver. Getting to that price means avoiding a courtroom fight: you and your spouse agree on how to split everything, then choose one of three low-cost paths the state offers. Summary dissolution is the fastest and lets you file jointly on one fee. A new joint petition process that took effect January 1, 2026 extends that single-fee treatment to couples with children or property, as long as they agree on every issue. And a standard uncontested divorce works when neither of those fits.
Residency Comes First
Before you file anything, at least one spouse must have lived in California for the past six months and in the filing county for the past three.1California Courts. Fill Out Your Divorce Forms If you’ve just moved, wait until you hit those marks or file in the county where your spouse qualifies. These minimums apply to every type of divorce the state offers.2California Legislative Information. California Code, Family Code FAM 2400
Summary Dissolution: The Cheapest Route
Summary dissolution ends the marriage with one joint petition (Form FL-800), one filing fee, no formal service, no response fee, and no trial.3California Courts. Joint Petition for Summary Dissolution (FL-800) It is the cheapest divorce California offers. The eligibility rules are strict, though. Every one of these must be true when you file:
- You’ve been married less than five years from the wedding to the date of separation.
- You have no children together, born or adopted during the marriage, and neither spouse is pregnant.
- Neither spouse owns or has an interest in real estate. A lease is fine only if it has no purchase option and ends within a year.
- Community property acquired during the marriage, excluding cars, is worth less than $57,000 in total.
- Neither spouse has separate property, excluding cars, worth more than $57,000.
- Combined debts from the marriage, excluding car loans, stay under $7,000.
- Both spouses give up any right to spousal support, permanently.
- Both spouses give up the right to appeal or ask for a new trial once the judgment is entered.
The dollar thresholds adjust every two years for inflation using the California Consumer Price Index.2California Legislative Information. California Code, Family Code FAM 2400 Current figures live in the court’s self-help guide.4California Courts. Find Out if You Qualify for Summary Dissolution
You and your spouse have to sign a written agreement dividing all assets and debts before filing, and read the Summary Dissolution Information booklet (Form FL-810).5Judicial Council of California. FL-800 Joint Petition for Summary Dissolution After filing, a six-month waiting period applies. Either spouse can revoke the petition during that window by filing a notice with the court.
Joint Petition: A New Low-Cost Option in 2026
Senate Bill 1427 created a joint petition process that took effect January 1, 2026. It gives couples who are past the summary-dissolution limits a one-fee option as long as they agree on everything. You can use it even if you have children, own a house, have been married more than five years, or carry more debt than summary dissolution allows.6Judicial Council of California. SPR25-21 Joint Petition Process
The requirement is complete agreement. The joint petition lists every issue the two of you intend to resolve, and if anything remains in dispute, this process is not available. Custody, child support, spousal support, and property division all need to be worked out first. The petition itself includes a stipulated judgment setting out every agreed term.
Because you file together, only one filing fee applies instead of a petitioner fee plus a response fee. For couples with kids or significant assets who are on the same page, that can save several hundred dollars over the traditional route.
Uncontested Divorce by Default
If summary dissolution and the joint petition are both out of reach but you still agree with your spouse on all terms, there’s a third low-cost path California courts call a “default with agreement.” One spouse files the petition, the other is formally served and deliberately does not file a response, and the two of you submit a written agreement covering property, support, and custody.7California Courts. Default in a Divorce or Legal Separation
The petitioner opens the case with the Petition (Form FL-100) and Summons (Form FL-110).8California Courts. Petition – Marriage/Domestic Partnership (FL-100) Once the respondent is served, you prepare your written agreement and file a Declaration for Default or Uncontested Dissolution (Form FL-170) with a proposed Judgment (Form FL-180). A judge reviews the paperwork without a hearing and signs the judgment if everything is in order. The court mails both spouses a Notice of Entry of Judgment (Form FL-190).
This costs more than summary dissolution because the respondent typically still owes a filing fee if they file anything at all, and you have to arrange formal service. Compared with a contested divorce run on billable attorney hours, though, it stays inexpensive.
Filing Fees and Fee Waivers
The base filing fee for a California divorce petition runs $435 to $450 depending on the county.9California Courts. File Your Divorce Forms If the other spouse files a response, they pay the same.10Judicial Council of California. Statewide Civil Fee Schedule Some counties, including Riverside, San Bernardino, and San Francisco, add a small surcharge for courthouse construction. Summary dissolution and the new joint petition each take just one fee because both spouses file together.
Who Qualifies for a Fee Waiver
If you can’t afford the fee, submit a Request to Waive Court Fees (Form FW-001). You automatically qualify if you receive Medi-Cal, CalFresh, SSI or SSP, CalWORKs, Tribal TANF, General Assistance, IHSS, CAPI, WIC, or unemployment compensation.11California Legislative Information. California Code GOV 68632
Even without public benefits, you qualify by income. The limit is $2,660 per month for a single person, $3,606.67 for a household of two, $5,500 for a family of four, and roughly $947 more per additional person.12Judicial Council of California. FW-001 Request to Waive Court Fees A granted waiver covers the filing fee and other court costs for the whole case. Combine summary dissolution with a fee waiver and the total court cost is zero.
Financial Disclosures Are Required Either Way
Every California divorce requires both spouses to disclose their finances before the court will finalize anything, no matter which path you choose. The preliminary declaration cannot be waived. It includes a Schedule of Assets and Debts (Form FL-142) listing everything you own and owe, plus an Income and Expense Declaration (Form FL-150) covering monthly income and bills.13Judicial Council of California. Schedule of Assets and Debts (FL-142) You’ll want recent bank and credit card statements, two months of pay stubs, and your latest tax returns. You sign everything under penalty of perjury.
You can skip the second, final round of disclosures by both signing a Stipulation and Waiver of Final Declaration of Disclosure (Form FL-144).14California Courts. Stipulation and Waiver of Final Declaration of Disclosure (FL-144) For an uncontested case, this waiver is one of the easiest ways to keep the case moving without added work.
Service and the Six-Month Wait
Summary dissolution and the joint petition skip formal service because both spouses sign the filing. In a standard dissolution, the petitioner has to get the papers delivered to the other spouse through a legally recognized method.
The common method is personal delivery by someone who is at least 18 and not a party to the case. The server then files a Proof of Service of Summons (Form FL-115).15Judicial Council of California. Proof of Service of Summons (FL-115) A friend or relative can do it for free; a professional process server runs about $40 to $150. If your spouse is cooperative, service by mail with a Notice and Acknowledgment of Receipt (Form FL-117) costs only postage, but it only works if your spouse actually signs and returns the form.16California Courts. Service by Mail With Notice and Acknowledgement of Receipt
No California divorce becomes final until at least six months have passed from the date the respondent was served or first appeared, whichever came first.17California Legislative Information. California Code Family Code 2339 The earliest the marriage can legally end is six months and one day after service. The court can extend the wait but cannot shorten it.
Costs That Can Sneak Up on You
Two items can push a cheap divorce past the filing fee if they apply to you.
Retirement benefits earned during the marriage are community property. If either spouse has a 401(k), pension, or similar employer-sponsored plan, dividing it takes a Qualified Domestic Relations Order approved by the plan administrator. Federal law blocks the plan from paying an ex-spouse without one, no matter what the divorce judgment says. A specialist typically charges around $300 per account, and the back-and-forth with the plan can stretch over weeks. Gather plan information early; fixing mistakes after the judgment is costly.18U.S. Department of Labor. Qualified Domestic Relations Orders Under ERISA: A Practical Guide to Dividing Retirement Benefits IRAs don’t need a QDRO; they’re split through a transfer incident to divorce.
If you want to restore a former name, the cheapest moment is inside the divorce itself. Request it on item 12 of Form FL-170 and item 4(f) of the Judgment (Form FL-180). Once the judge signs, the judgment is your proof of the name change at no extra cost. If you miss that window, a separate Ex Parte Application for Restoration of Former Name (Form FL-395) runs the same $435 to $450 unless a waiver applies. Certified copies for updating Social Security and the DMV cost $40.19California Courts. Change Your Name in Your Divorce Case
Where to Get Free Help
Every California superior court runs a self-help center that gives free information to people without a lawyer. Staff can help you pick the right forms, explain the steps, and look over your paperwork for obvious errors. You can reach them in person, by phone, and online.20California Courts. Self-Help Guide to the California Courts They can’t give legal advice or represent you, but for a straightforward uncontested divorce, their guidance is usually enough.
If you have children and are stuck on a parenting plan, many courts offer free mediation for family cases. Private mediators charge roughly $100 to $300 an hour, so starting with the court’s free program keeps your out-of-pocket total close to the filing fee, or to nothing if you qualify for a waiver.