To file for divorce in San Francisco, you start a case at the San Francisco Superior Court by submitting a Petition, a Summons, and (if you have minor children) a child custody jurisdiction declaration, paying the filing fee, and then formally serving the papers on your spouse. One spouse must have lived in California for six months and in San Francisco County for three months before filing, and the court cannot end your marriage until at least six months after your spouse is served or responds.
Confirm You Meet the Residency Requirement
At least one spouse must have lived in California for six months and in San Francisco County for three months immediately before filing.1California Legislative Information. California Family Code Section 2320 Only one of you needs to qualify. If your spouse lives in another county or another state, you can still open the case in San Francisco as long as you personally meet both thresholds.
If neither of you qualifies yet, you have two choices. Wait until the clock runs, or file for legal separation now, which uses essentially the same forms but has no residency waiting period. A legal separation can be converted to a divorce later once the time requirements are met.2California Courts. Divorce in California
Check Whether You Qualify for Summary Dissolution
Before you commit to the standard process, see whether your situation fits summary dissolution, a streamlined track that skips much of the standard paperwork. It requires a joint petition and full agreement between the spouses, and every one of these conditions must be true:3California Courts. Find Out if You Qualify for Summary Dissolution
- Less than five years between the date of marriage and the date of separation.
- No minor children born or adopted during the marriage, and neither spouse is pregnant.
- Neither spouse owns or has an interest in any house, land, or building (a rental lease that expires within a year of filing is the only exception).
- Community property acquired during the marriage is worth less than $57,000, excluding cars.
- Each spouse’s separate property is worth less than $57,000, excluding cars.
- Total marital debts are less than $7,000, excluding car loans.
- Both spouses waive any right to spousal support.
Miss any one of those and you’re on the standard track.
Prepare the Starting Forms
A standard divorce begins with three Judicial Council forms, all free to download from the California Courts website.
Petition (FL-100)
The Petition is the document that asks the court to end your marriage. You’ll fill in your date of marriage, your date of separation, and whether you’re requesting spousal support or a particular property division. It also asks you to list community property and debts and any separate property you want the court to confirm as yours.4Judicial Council of California. Petition – Marriage/Domestic Partnership (Family Law) The date of separation is the date one spouse decided the marriage was over and communicated that to the other. It matters because it draws the line between community and separate property.
Summons (FL-110)
The Summons notifies your spouse that a case has been filed and that they have 30 calendar days to respond. Filing it also activates Automatic Temporary Restraining Orders that bind both spouses from the moment the case opens. Neither of you can:5Judicial Council of California. Summons (Family Law) – Form FL-110
- Move children out of state without written consent or a court order.
- Cancel, cash out, or change beneficiaries on life, health, auto, or disability insurance.
- Sell, hide, or borrow against property outside ordinary day-to-day spending.
- Change nonprobate transfers like payable-on-death accounts or living trusts without consent or a court order.
These orders apply even if you and your spouse get along, and violations can bring sanctions.
Child Custody Jurisdiction Declaration (FL-105)
If you have minor children, add Form FL-105, the Declaration Under the Uniform Child Custody Jurisdiction and Enforcement Act. It lists each child’s addresses for the past five years so the court can confirm it has authority to make custody orders.6Judicial Council of California. Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act If a child has lived in another state during that window, the court may need to coordinate with that state before moving forward.
File the Paperwork at the San Francisco Superior Court
In San Francisco, e-filing is mandatory if you have an attorney. Self-represented filers can e-file voluntarily, deliver documents in person, or mail them in.7Superior Court of California, County of San Francisco. E-Filing Once the clerk processes your paperwork, you’ll get back stamped, conformed copies with your case number.
The statewide first-appearance filing fee is $435. San Francisco adds a local courthouse construction surcharge on top, so the final amount is a little higher.8California Courts. Statewide Civil Fee Schedule Effective January 1, 2026 If you can’t afford that, file a Request to Waive Court Fees (FW-001). The court grants waivers for applicants who receive certain public benefits, whose household income falls below a set threshold, or who can show paying would leave them unable to cover basic living expenses.9California Courts. Request to Waive Court Fees
Serve Your Spouse
After filing, you have to formally deliver a copy of the Summons and Petition to your spouse. This is called service, and you cannot do it yourself. The person who hands over the papers must be at least 18 and not a party to the case, so a professional process server, a friend, or a relative all work.10California Courts. Service by Notice and Acknowledgment of Receipt
Personal service, where the server physically hands your spouse the papers, is the standard route. If your spouse is cooperative, mail them the documents along with a Notice and Acknowledgment of Receipt (FL-117); your spouse is considered served on the day they sign it.11California Courts. Notice and Acknowledgment of Receipt (FL-117) If your spouse is avoiding service or can’t be found, you can ask the court for permission to serve by publication in a newspaper, though that’s a last resort with its own requirements.
Wait for a Response, or Request a Default
Your spouse has 30 calendar days from the date of service to file a Response (FL-120), which also carries a filing fee.12California Courts. Learn Your Options The Response lets them agree or disagree with what you’ve requested and raise their own requests on property, support, and custody.
If 30 days pass with nothing filed, you can ask the court to enter a default by filing a Request to Enter Default (FL-165). Default means the court can finalize the divorce based only on what you asked for in your Petition. You still have to submit a complete judgment packet with proposed property division and support orders for a judge to review and sign, and the judge can reject terms that don’t comply with California law.13California Courts. Submit Your Default Judgment to Finish Your Divorce
Exchange Preliminary Financial Disclosures
Both spouses must exchange preliminary financial disclosures whether the case is contested or amicable. The petitioner has to serve them within 60 days of filing the Petition, and the respondent within 60 days of filing the Response.14Judicial Council of California. California Courts Form FL-140 – Declaration of Disclosure The packet includes:
- Declaration of Disclosure (FL-140), a cover sheet confirming what you served.
- Schedule of Assets and Debts (FL-142), a detailed inventory of what you own and owe with estimated values.
- Income and Expense Declaration (FL-150), a breakdown of your income, taxes, and monthly expenses.
You serve these on your spouse but do not file them with the court. Instead, you file a Declaration Regarding Service (FL-141) confirming the exchange happened. Everything is signed under penalty of perjury, and hiding assets or understating income can cost you later, including the court setting aside the final judgment.
Understand the Six-Month Waiting Period
California imposes a mandatory six-month waiting period on every divorce. Your marital status cannot end until six months have passed from the date your spouse was served or the date your spouse first appeared in the case, whichever came first.15California Legislative Information. California Family Code Section 2339 The court can extend that period for good cause; it cannot shorten it.
The clock runs even when you and your spouse agree on everything. Use the time to complete your financial disclosures, negotiate a settlement, and prepare the judgment paperwork so you can file it as soon as the six months are up. Many couples reach a full agreement well before the deadline, but the earliest the court can terminate the marriage is the day the waiting period ends.
Where to Get Free Help in San Francisco
If you’re filing without a lawyer, the San Francisco Superior Court’s ACCESS Center is the resource to use. It operates out of 400 McAllister Street, Room 509, and staff can help self-represented individuals understand the forms, explain procedures, and provide referrals, though they cannot give legal advice or represent you.16Superior Court of California, County of San Francisco. ACCESS (Legal Self-Help) Center The helpline at (415) 551-0605 runs Mondays, Tuesdays, and Thursdays from 8:00 a.m. to 11:00 a.m., and a LiveChat for divorce and domestic partnership cases is open those same days from 12:00 p.m. to 2:30 p.m.