Who Can File for Divorce in California?
To file for divorce in California, at least one spouse usually must meet California's residency requirements. In general, one spouse must have lived in California for at least six months and in the county where the case is filed for at least three months.
If the divorce residency requirement is not met yet, legal separation may be an option in some situations. A legal separation case may later be changed to a divorce before it is final once the residency requirement is met.
Where Do You File for Divorce?
Divorce cases are filed in the Superior Court for the county where the residency requirement is met. The correct county is usually where either spouse has lived for at least three months before filing.
Each county may have its own local filing rules, local forms, e-filing requirements, and courthouse procedures. California uses statewide family law forms, but local court requirements can still affect how paperwork must be submitted.
Basic Forms Needed to Start a Divorce
Most traditional California divorce cases begin with a Petition - Marriage/Domestic Partnership (FL-100) and a Summons - Family Law (FL-110).
The Petition gives the court basic information about the marriage and what orders are being requested. The Summons officially notifies the other spouse that a court case has been started and includes important automatic restraining orders.
If the spouses have minor children together, additional child-related forms are usually required, including a form that gives the court information about where the children have lived and whether other custody cases exist.
Filing Fees and Fee Waivers
There is usually a court filing fee to start a divorce case in California. The amount can vary slightly by county.
A fee waiver may be available for a person who cannot afford the filing fee. Fee waivers are commonly based on public benefits, low income, or inability to pay basic living expenses and court fees at the same time.
Can Divorce Papers Be Filed Online?
Some California courts allow divorce papers to be filed electronically. Other courts may require filing in person or by mail.
Whether online filing is available depends on the county. Some courts also require the use of approved e-filing service providers.
What Information Do You Need Before Filing?
Before filing, it helps to gather basic information so the Petition can be completed accurately.
- date of marriage
- date of separation
- current addresses for both spouses
- information about children, if any
- basic property and debt information
- income information
- requests for custody, support, property division, or name restoration
- any existing agreements between the spouses
Filing Individually vs. Filing Together
Traditionally, one spouse files the divorce Petition and the other spouse is served with the paperwork. The spouse who files is called the petitioner, and the other spouse is called the respondent.
California also allows spouses to start certain cases together by filing a joint petition. This can be useful when both spouses want to begin the case cooperatively, but starting the case together does not automatically finish the divorce.
What Happens After Filing?
After divorce papers are filed, the court assigns a case number and returns stamped copies. The filed papers usually need to be served on the other spouse unless the case is being started jointly.
After service, the respondent generally has 30 days to file a Response. If no Response is filed, the petitioner may be able to proceed by default. If a Response is filed, the case continues as a regular divorce case.
Filing for divorce starts the case, but it does not end the marriage. A divorce is not final until the court signs and files a final judgment.
Common Filing Mistakes
Filing mistakes can delay the divorce and may require corrected filings.
- filing in the wrong county
- filing before residency requirements are met
- forgetting required child-related forms
- failing to check local court forms
- listing incomplete or inconsistent information
- making unclear requests in the Petition
- not properly serving the other spouse
- assuming the divorce is finished once the Petition is filed
- waiting too long to complete the judgment paperwork