The divorce process in California runs through a set sequence: one spouse files a petition, serves the other, both exchange financial disclosures, and the case ends with a judgment that cannot become final until at least six months after the respondent was served or appeared. California is a no-fault, community property state, so neither spouse has to prove wrongdoing, and most assets and debts acquired during the marriage are split equally.
Residency Requirements
You can’t file until at least one spouse has lived in California for six months and in the filing county for three months. If you’ve recently moved, you may need to wait or file in a different county. There is a narrow exception: same-sex couples who married in California but now live in a state that won’t dissolve their marriage can file here even without current residency.1California Legislative Information. California Code FAM 2320
Filing the Petition
The spouse who starts the case (the petitioner) files a Petition for Dissolution of Marriage (Form FL-100) in the superior court of the appropriate county.2California Courts. Petition – Marriage/Domestic Partnership (Family Law) The petition states the date of marriage, the date of separation, whether there are children, and the orders you’re asking for. The standard ground is irreconcilable differences, and that’s what almost everyone uses.
A Summons (Form FL-110) is filed with the petition. It notifies your spouse of the case and triggers automatic restraining orders that bar either spouse from hiding assets, canceling insurance, or taking the children out of state.3Judicial Council of California. Form FL-100 – Petition – Marriage/Domestic Partnership These apply to both spouses the moment the petition is filed, before the other spouse has even seen the papers.
Filing fees run roughly $435 to $450. If you can’t afford it, Form FW-001 requests a waiver, available to people on public benefits, with low income, or who can’t cover both basic living expenses and court costs.4California Courts. Request to Waive Court Fees
Serving Your Spouse and the Response Deadline
You cannot personally hand the papers to your spouse. A third party not involved in the case must serve the petition and summons, and the petitioner then files a Proof of Service of Summons (Form FL-115) with the court. Your spouse has 30 days after being served to file a response.5California Courts. How to Finish Your Divorce if Your Spouse Did Not Respond
If no response arrives within that window, you can ask the court for a default and move the case forward on your terms. A default doesn’t guarantee everything you asked for, but your spouse loses the ability to contest the outcome.
The Six-Month Waiting Period
Even when both spouses agree on everything, California won’t finalize a divorce until at least six months after the respondent was served or appeared, whichever came first.6California Legislative Information. California Code FAM 2339 This is a hard floor. A court can extend the period for good cause but cannot shorten it. Contested cases usually run well past six months because of discovery, negotiation, and hearing calendars; for couples who settle quickly, this waiting period is often the only thing standing between them and a judgment.
Until the judgment becomes final, you remain legally married. That matters for taxes, employer benefits, and any plans to remarry.
Summary Dissolution for Short, Simple Marriages
Some couples qualify for a streamlined track called summary dissolution. Every one of these conditions must be met: the marriage lasted less than five years, there are no minor children, neither spouse owns real estate, community property totals less than $57,000, each spouse’s separate property is under $57,000, and debts (excluding car loans) are below $7,000. Qualifying couples file a joint petition and can finalize after the same six-month waiting period without a court hearing.
Financial Disclosures
Both spouses must exchange a preliminary declaration of disclosure early in the case. The petitioner has 60 days from filing the petition; the respondent has 60 days from filing the response. Each disclosure includes a Schedule of Assets and Debts (Form FL-142) listing everything you own or owe, and an Income and Expense Declaration (Form FL-150) covering earnings and monthly costs.7Judicial Council of California. FL-140 Declaration of Disclosure
A final declaration of disclosure is exchanged before settlement or trial, though both parties can agree in writing to waive this second round. The disclosures are signed under penalty of perjury, and lying on them can be grounds for a court to set aside parts of the judgment later. If your spouse isn’t forthcoming, formal discovery tools like written interrogatories or depositions can force the information out, and courts can sanction a spouse who hides assets or refuses to cooperate.
Temporary Orders While the Case Is Pending
Divorce can take many months, and some issues cannot wait. Temporary orders cover urgent matters: who pays the mortgage, where the children live, whether either spouse needs financial support during the case. You request one by filing a Request for Order (Form FL-300) explaining what you need and why.8California Courts. Request for Order (FL-300) The court sets a hearing, both sides present their arguments, and the judge issues an order.
Temporary orders stay in place until the final judgment or until a judge modifies them. Violating one can draw contempt of court, so treat it with the same weight as a final order.
Dividing Property and Debts
California follows the community property rule: nearly everything acquired during the marriage belongs equally to both spouses, no matter who earned it or whose name is on the account.9California Legislative Information. California Code FAM 760 Debts work the same way. A credit card balance one spouse ran up during the marriage is usually community debt, and both spouses share responsibility.
Separate property stays with its owner. That covers anything owned before marriage, inheritances, and gifts received by one spouse alone.10California Legislative Information. California Code FAM 770 Income from separate property, like rent on a building you owned before the marriage, is also separate.
Why the Date of Separation Matters
The date of separation is the line between community and separate property, so pinning it down matters. California defines it as the date one spouse communicated to the other that the marriage was over, backed up by conduct consistent with that intent.11California Legislative Information. California Code FAM 70 Earnings after that date are separate property. When months pass between separation and filing, proving the exact date can become its own fight, particularly if a bonus or stock vesting falls near the disputed window.
When Separate and Community Funds Mix
Things get complicated when the two blend. If you used an inheritance for a down payment and then paid the mortgage for years with community earnings, the home is partly separate and partly community. Tracing methods untangle each share, and complex cases may call for a forensic accountant. Courts divide the community portion equally but can assign specific assets to one spouse and offset the difference with other property of equal value.
Retirement Accounts
Retirement accounts earned during the marriage are community property, but dividing them takes extra steps. For private employer plans under federal law, including 401(k)s and pensions, you need a Qualified Domestic Relations Order (QDRO). Without one, the plan administrator cannot legally pay benefits to anyone other than the account holder, regardless of what the divorce judgment says.12U.S. Department of Labor. Qualified Domestic Relations Orders Under ERISA – A Practical Guide to Dividing Retirement Benefits
A QDRO must clearly identify both spouses, the plan being divided, and the amount or percentage going to the alternate payee.13Office of the Law Revision Counsel. 26 USC 414 Fixing a defective QDRO after the divorce is final can be difficult or impossible, so plan documents are worth gathering early. IRAs follow simpler rules: transferring an IRA interest to a former spouse under a divorce decree is not a taxable event, and the receiving spouse treats it as their own IRA going forward.14Office of the Law Revision Counsel. 26 USC 408 Government and church retirement plans are generally outside the federal QDRO rules and may require a different court order.
Spousal Support
Spousal support is intended to keep one spouse from falling off a financial cliff after divorce, especially when one partner stepped back from a career for the family. The court weighs each spouse’s earning capacity, the length of the marriage, contributions one spouse made to the other’s education or career, each party’s needs based on the marital standard of living, and any history of domestic violence, among other factors.15California Legislative Information. California Code FAM 4320
Temporary support may be awarded while the case is pending, calculated using a county-specific guideline formula. Long-term support ordered at the end of the case is more nuanced. For marriages shorter than ten years, the general expectation is that support lasts about half the length of the marriage. Marriages of ten years or more are considered “long duration,” and the court keeps ongoing authority to award support without a preset end date.15California Legislative Information. California Code FAM 4320
Either spouse can later ask the court to modify support if circumstances change significantly, like a job loss or a large raise. Support ends automatically when the receiving spouse remarries or when either party dies.
Child Custody and Support
Custody decisions turn on the child’s health, safety, and welfare. The court does not start with a preference for mothers or fathers. It considers each parent’s relationship with the child, the child’s ties to school and community, and which parent is more likely to encourage a relationship with the other parent.16California Legislative Information. California Code FAM 3040 A parent’s immigration status, gender identity, or sexual orientation cannot be held against them.
Legal custody (major decisions about education, healthcare, and religion) and physical custody (where the child lives day to day) are treated separately and can be awarded jointly or to one parent. Courts encourage parents to work out a parenting plan on their own. If they cannot agree, the court sends the dispute to mediation before scheduling a hearing. When mediation fails, the judge may order psychological evaluations or appoint a custody evaluator before deciding.
How Child Support Is Calculated
California uses a statewide formula that factors in each parent’s net monthly income, the percentage of time each parent has physical custody, and the applicable support rate based on combined income.17California Legislative Information. California Code FAM 4055 The rate rises with income at lower levels and flattens at higher incomes. For multiple children, a multiplier increases the total (1.6 for two children, 2.0 for three, and so on). Attorneys and judges run the numbers with software, but the underlying formula is public and you can estimate your range using online calculators before your court date.
Support orders can be modified later if either parent’s income or the time-sharing arrangement changes substantially.
Reaching a Final Judgment
If you and your spouse settle everything through negotiation or mediation, you can submit a written agreement to the court for approval without a trial. When issues remain unresolved, the judge holds a hearing where both sides present evidence and arguments, and the judge decides contested matters like property division, support, and custody.
The court issues a judgment of dissolution that terminates the marriage and sets out each party’s obligations. The judgment cannot become final until the six-month waiting period has elapsed from the date your spouse was served or appeared.6California Legislative Information. California Code FAM 2339 Once it is final, you are legally single. Violating the judgment can trigger enforcement actions including wage garnishment and contempt proceedings, so read every page and know what you have agreed to.