To file for divorce in Los Angeles County, one spouse must have lived in California for six months and in LA County for three months, and the filing spouse then submits a Petition and Summons to the Los Angeles Superior Court, pays the filing fee, and arranges for the other spouse to be served. From the date of service, California imposes a mandatory six-month waiting period before the divorce can become final, so the earlier you file, the earlier that clock starts.
Who Can File in Los Angeles County
Two residency thresholds apply. At least one spouse must have been a California resident for six continuous months, and the spouse who files must have lived in LA County for at least three months immediately before submitting the petition.1California Legislative Information. California Code FAM 2320 – Residence Requirements If you moved to LA County recently but your spouse has lived here for years, your spouse can be the one who files, or you can wait out the three months.
California recognizes only two legal grounds: irreconcilable differences or permanent incapacity to make decisions.2California Legislative Information. California Code FAM 2310 – Grounds for Dissolution or Legal Separation Nearly every case uses irreconcilable differences. You don’t need to explain why, and the court won’t ask. If you’d prefer a legal separation instead of a full divorce, the same no-fault standard applies, but the county residency requirement does not.
Active-duty military members stationed in California may satisfy the residency requirement through their military assignment even while keeping a legal domicile in another state. Confirm your specific situation with the court’s self-help center before filing.
Whether Summary Dissolution Fits
Before starting a standard divorce, check whether you qualify for summary dissolution, a streamlined joint process that skips much of the formal paperwork. Both spouses must agree to end the marriage and file together. The marriage must have lasted fewer than five years from the wedding date to the date of separation, and you cannot have any minor children together.3California Courts. Find Out if You Qualify for Summary Dissolution
The financial ceilings are strict. Combined community property must be worth less than $57,000, excluding car values. Each spouse’s separate property must also be worth less than $57,000. Total debts acquired during the marriage cannot exceed $7,000, excluding car loans.3California Courts. Find Out if You Qualify for Summary Dissolution Bank accounts and retirement plans like a 401(k) count toward these totals. Neither spouse can request spousal support. The six-month waiting period still applies even if you qualify.
Forms and Filing Fee
For a standard divorce, the core document is the Petition (Form FL-100). You’ll identify yourself and your spouse, state the date of marriage and separation, and check boxes for what you’re asking the court to decide, including property division, spousal support, and child custody if applicable.4Judicial Council of California. FL-100 Petition – Marriage/Domestic Partnership (Family Law) The Summons (Form FL-110) is filed alongside; it notifies your spouse and activates the automatic restraining orders described below.5California Courts. Summons (Family Law) – Form FL-110
If you have minor children, you must also complete a Declaration Under the Uniform Child Custody Jurisdiction and Enforcement Act (Form FL-105), which tells the court where the children have lived for the past five years and whether any other custody cases are pending elsewhere.6Judicial Council of California. Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act
You’ll list property and debts on either a Property Declaration (Form FL-160) or a Schedule of Assets and Debts (Form FL-142). Either works, but account for everything: real estate, bank accounts, retirement funds, credit card balances, loans.7Judicial Council of California. Property Declaration The date of separation matters a great deal, because it draws the line between community and separate property. Get it right at this stage.
You can file electronically through the court’s e-filing system or in person at a clerk’s office. The filing fee runs $435 to $450.8California Courts. File Your Divorce Forms If you can’t afford it, submit a Request to Waive Court Fees (Form FW-001). You qualify for a waiver if you receive public benefits, have a low income, or lack enough money to cover both the fee and basic household needs.9Judicial Council of California. FW-001 Request to Waive Court Fees
Serving Your Spouse
Once the clerk accepts your filing and assigns a case number, your spouse has to be given the papers. You cannot hand them over yourself. The person who serves must be at least 18 and not a party to your case. A friend, a family member, a professional process server, or a county sheriff can do it.10California Courts. Serve Your Divorce Papers Professional process servers in California typically charge between $50 and $190 for straightforward personal service.
After service, the person who delivered the papers completes a Proof of Service of Summons (Form FL-115), which you then file with the court.11Judicial Council of California. FL-115 Proof of Service of Summons Without proof of service on file, the case cannot move forward.
When You Can’t Find Your Spouse
If you genuinely don’t know where your spouse is, you can ask the court for permission to serve by publication. You’ll need to show the judge you made a real effort to locate them. If the court approves, it issues an Order for Publication (Form FL-982) naming the newspaper where your notice must appear once a week for four consecutive weeks. You pay the newspaper directly, and a court fee waiver does not cover that cost. After the final publication, you must wait an additional 30 days before requesting a default. If your spouse’s address turns up while the notice is running, you must switch to direct service at that address.12California Courts. Serve by Publication
What Kicks In the Moment You File
Filing triggers automatic temporary restraining orders against you immediately, and against your spouse once they’re served. These orders stay in place until the court issues a judgment or dismisses the case, and violating them can carry serious consequences. Both spouses are prevented from:
- Taking children out of California or applying for new passports for them without the other parent’s written consent or a court order.
- Selling, borrowing against, or giving away community, quasi-community, or separate property outside the normal course of daily spending.
- Canceling, cashing out, or changing beneficiaries on any life, health, auto, or disability insurance that covers the family.
- Creating or modifying a non-probate transfer that would reroute property without the other’s consent.
The orders are printed on page two of the Summons and apply equally to both spouses.13California Legislative Information. California Code, Family Code FAM 2040 You can still use community funds to hire a divorce attorney, but you’ll need to account for those expenditures to the court.
After Service: Response, Default, and Disclosures
The Response Window
Your spouse has 30 calendar days from the date they’re served to file a Response (Form FL-120).5California Courts. Summons (Family Law) – Form FL-110 The response costs the same as the petition, and the same fee waiver option is available. Your spouse can agree, dispute, or make their own requests for support, custody, or property division. This is where the case splits into two tracks.
Default When No Response Is Filed
If your spouse doesn’t respond within 30 days, you can file a Request to Enter Default (Form FL-165) along with a Declaration for Default or Uncontested Dissolution (Form FL-170) and a proposed Judgment (Form FL-180). A default lets the court grant the divorce based on what you asked for in your petition, without your spouse’s participation. It’s common when spouses have already agreed informally or when the other party simply doesn’t engage. The court still reviews everything for fairness before signing the judgment.
Mandatory Financial Disclosures
Regardless of whether the case is contested, both spouses must exchange a Preliminary Declaration of Disclosure (Form FL-140). This goes to your spouse, not to the court. It must include your Income and Expense Declaration (Form FL-150), a property and debt schedule, your last two years of tax returns, and a written disclosure of any investment or business opportunities that came up during the marriage.14Judicial Council of California. Declaration of Disclosure (Family Law) The exchange should happen at the same time as, or shortly after, service. The court will not finalize a divorce until both sides complete this step. Stalling on disclosures is one of the most common reasons cases drag on.
The Six-Month Waiting Period
California imposes a mandatory six-month waiting period before any divorce can become final. The clock starts on the date your spouse is served with the summons and petition, or the date your spouse first appears in the case, whichever comes earlier.15California Legislative Information. California Code FAM 2339 – Waiting Period It’s a floor, not a target. In a fully uncontested case with cooperation on both sides, six months is realistic. In contested cases involving property disputes or custody fights, the process regularly stretches to a year or more.
Once the waiting period expires and all required paperwork is complete, the court can enter the final Judgment (Form FL-180). At that point your marriage is legally over and you are free to remarry. Until the judgment is entered, you remain legally married even if the six months have passed.
What the Court Decides: Property, Support, and Children
Property and Debts
California is a community property state. The court must divide the community estate equally unless both spouses agree in writing to a different split.16California Legislative Information. California Code, Family Code FAM 2550 Community property covers essentially everything acquired during the marriage: income, savings, real estate, retirement account contributions. Debts accumulated during the marriage are divided the same way.
Separate property stays with whoever owns it. That’s anything you brought into the marriage, received as a gift, or inherited. The tricky part is proving the boundary. Mixing separate funds with community funds in a shared account can convert separate property into community property. The date of separation determines when community property stops accumulating, which is why that date matters so much on your initial forms.
Spousal Support
Either spouse can request spousal support during or after the divorce. California courts weigh each spouse’s earning capacity, the standard of living established during the marriage, how long the marriage lasted, and whether one spouse stepped away from a career for domestic responsibilities.17California Legislative Information. California Code FAM 4320 – Spousal Support Factors For marriages under ten years, the general expectation is that support continues for about half the length of the marriage. For marriages of ten years or longer, the court retains open-ended authority and may set support without a fixed termination date. Any documented history of domestic violence weighs heavily against the abusive spouse.
Custody and Child Support
When parents can’t agree on a custody arrangement, California law requires the court to send the dispute to mediation before holding a hearing.18California Legislative Information. California Code, Family Code FAM 3170 In LA County, Family Court Services provides mediation at no extra cost. A neutral mental health professional meets with both parents to help develop a parenting plan, and sessions can last up to two hours. Parents must complete an orientation program called “Our Children First” before mediation begins.19Superior Court of Los Angeles County. Child Custody Mediation
Child support is set by a statewide formula based on each parent’s net monthly income and the percentage of time each parent has custody. It accounts for tax filing status, deductions, and the number of children.20California Legislative Information. California Code, Family Code FAM 4055 Attorneys and courts use a software tool called a DissoMaster to run the numbers. The California Courts website offers a rough estimator, but the actual order depends on the specific financial details both parents disclose.
Where Your Case Is Heard
The Los Angeles Superior Court handles family law cases across several courthouses. You’ll typically be assigned to a location based on your zip code. Common family law venues include the Stanley Mosk Courthouse in downtown Los Angeles, the Governor George Deukmejian Courthouse in Long Beach, and the Michael D. Antonovich Antelope Valley Courthouse in Lancaster.21Superior Court of California, County of Los Angeles. Contact the Court The court’s online Filing Locator tool identifies which courthouse handles your case.
If you’re representing yourself, the court operates Resource Centers for Self-Help at several locations. Staff can help you choose the right forms, review paperwork for obvious errors, and explain what to expect at upcoming hearings. They cannot give legal advice or represent you, but for people navigating the process without an attorney, they are one of the most useful free resources available. The court also runs an online dispute resolution program for custody issues, which can spare parents in-person appearances for every disagreement.19Superior Court of Los Angeles County. Child Custody Mediation