To file for divorce in Fresno, CA, you fill out a Petition and Summons (plus a child custody form if you have minor children), file them at the B.F. Sisk Courthouse with a $435 fee, serve your spouse, and complete financial disclosures. California then requires a six-month waiting period before any divorce becomes final, so filing correctly the first time is what starts that clock.
Check Residency First
At least one spouse must have lived in California for the past six months and in Fresno County for the past three months before you can file here.1California Legislative Information. California Family Code 2320 It doesn’t matter which spouse meets the requirement. If you’ve recently moved to Fresno and haven’t been here three months, you’ll need to wait or file in the county where you do meet the threshold.
California is a no-fault state. You don’t need to prove wrongdoing, and you don’t need your spouse’s agreement to file. Nearly every petition cites irreconcilable differences; the only other ground is permanent legal incapacity to make decisions.2California Legislative Information. California Family Code 2310
Forms You Need to Start the Case
The spouse who files is the petitioner; the other is the respondent. Two forms open the case:
- Petition (Form FL-100), which gives the court basic information about your marriage, date of separation, and what you’re asking the court to decide about property, support, and custody.
- Summons (Form FL-110), which notifies your spouse of the case and gives them 30 days to respond.
If you have children under 18, add the Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (Form FL-105), which tells the court where your children have lived and whether any other custody case is open.3California Courts. Fill Out Your Divorce Forms
Before you sit down with the forms, pull together the exact date and place of your marriage, your date of separation, full names and birthdates of any minor children, and a working picture of your finances. You’ll need the financial detail soon after filing. Forms are available on the California Courts website or through the Self-Help Center at the courthouse.
Where and How to File in Fresno
Family law filings go to the B.F. Sisk Courthouse at 1130 O Street, Fresno, CA 93721.4Superior Court of California, County of Fresno. Locations and Contact Info This is the courthouse that handles divorces, and it houses the Self-Help Center for paperwork assistance.
If you have an attorney, Fresno County requires electronic filing for all family law cases. Self-represented filers aren’t required to e-file but are encouraged to use one of the court’s approved electronic filing service providers.5Superior Court of California, County of Fresno. eFile Resources In-person filing at the clerk’s office is also an option.
The filing fee is $435.6Superior Court of California. Statewide Civil Fee Schedule Effective January 1, 2026 If you can’t afford it, submit a Request to Waive Court Fees (Form FW-001) with your petition. You may qualify if you receive certain public benefits, your household income is under a set threshold, or you simply can’t cover both basic needs and court costs.7California Courts. Ask for a Fee Waiver Once the clerk processes your filing, you’ll get back conformed copies stamped “Filed” with a case number. Hold onto them. You’ll need them for service.
Automatic Orders That Take Effect on Filing
The back of the Summons (FL-110) contains automatic temporary restraining orders, often called ATROs. They bind you the moment you file and bind your spouse as soon as they’re served. Both of you are restricted from:
- Moving children out of state or applying for new passports for minor children without the other spouse’s written consent or a court order.
- Transferring, hiding, or disposing of property, community or separate, except for ordinary living expenses or the usual course of business.
- Changing insurance policies, including canceling, cashing out, or switching beneficiaries on life, health, auto, or disability coverage held for either spouse or the children.
- Modifying nonprobate transfers such as payable-on-death accounts or transfer-on-death deeds without consent or a court order.
Violations can trigger sanctions or contempt. If you need to make an extraordinary expenditure, you must give your spouse at least five business days’ notice first. The restrictions stay in place until the divorce is finalized, the court modifies them, or both spouses agree in writing.
Serving Your Spouse
After filing, you must formally serve your spouse with copies of the filed Petition, Summons, and any other initial documents such as the FL-105. You cannot serve the papers yourself. Whoever delivers them must be at least 18 and not a party to the case. A friend, family member, or professional process server all qualify.8California Courts. Serve Your Divorce Papers
Personal service, where someone physically hands over the documents, is the standard method. If your spouse is cooperative, you can use service by mail with a Notice and Acknowledgment of Receipt (Form FL-117), which requires your spouse to sign and return the acknowledgment.9California Courts. Serve by Notice and Acknowledgment of Receipt If they won’t sign, fall back on personal service. If your spouse can’t be located after multiple attempts, you can ask the court for permission to serve by posting or publication.
Once service is done, the person who served the papers fills out a Proof of Service of Summons (Form FL-115) and files it with the court. This step is easy to overlook, and the case can’t move forward without it.
What Happens After Your Spouse Is Served
Your spouse has 30 days from the date of service to file a response.10California Courts. You Were Served Divorce Papers If they respond, the case moves ahead as contested or uncontested depending on whether you two agree on terms. If they don’t respond within 30 days, you can request a default, which means asking the court to proceed without their input.11California Courts. How to Finish Your Divorce if Your Spouse Did Not Respond
A default is not an instant divorce. You still have to complete your financial disclosures and submit final judgment paperwork. What it does is remove your spouse’s ability to contest the terms you’ve proposed. A default is only truly simple when there are no children, minimal property, and no spousal support involved. In anything more complicated, a judge will still review your proposed orders for fairness.
Financial Disclosures
This is where self-represented divorces most often stall. Both spouses must exchange preliminary declarations of disclosure, and your case cannot be finalized without them.12California Legislative Information. California Family Code 2104 As the petitioner, you must serve your disclosures either with the petition or within 60 days of filing. The respondent has the same 60-day window from the date they file their response.
The disclosure package includes:
- Declaration of Disclosure (Form FL-140), a cover sheet for the documents being served.
- Schedule of Assets and Debts (Form FL-142), a detailed list of everything you own and owe, community or separate.
- Income and Expense Declaration (Form FL-150), your income from all sources, monthly expenses, and tax return information from the prior two years.
You serve these on your spouse but do not file the detailed financial forms with the court. Only the FL-140 cover sheet gets filed. Accuracy matters. If you leave out assets or debts, by accident or on purpose, the court can reopen your property division after the divorce is final and award the hidden property entirely to the other spouse.
Child Custody Mediation If You Have Minor Children
If you have minor children and can’t agree on custody or visitation, California requires mediation before a judge will hear your dispute. Fresno County Family Court Services uses a three-tiered approach, beginning with a confidential mediation session. Depending on the judge’s direction, parties may be ordered into additional tiers that can include a recommendation to the court about custody arrangements.
Fresno County also generally requires divorcing parents to complete a co-parenting education class. The court maintains a list of approved programs, most of which can be completed online. Don’t treat the class as a formality. Failing to complete a required one can hold up your case.
The Six-Month Waiting Period
California imposes a mandatory six-month waiting period before any divorce judgment becomes final. The clock starts on the date your spouse is served or the date they first appear in the case, whichever is earlier.13California Legislative Information. California Family Code 2339 The period cannot be waived. A court can extend it for good cause but cannot shorten it.
Six months is a minimum, not a typical timeline. Simple uncontested cases sometimes close right around that mark. Contested cases with disputes over custody, property, or support routinely take a year or more. You can resolve your case through negotiation, mediation, or a written settlement at any point. If no agreement is reached, the court will schedule hearings and, if needed, a trial to decide what remains.