Divorce in California, start to finish

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California at a glance

  • The statewide filing fee is $435. Riverside, San Bernardino and San Francisco add local surcharges. Your spouse pays $435 if they file a response.
  • Residency needs both: 6 months in California and 3 months in the county where you file.
  • The six-month wait is where almost everyone gets caught. This page explains it and the three paths.
  • No statewide e-filing portal. Each superior court chooses its own providers. Paper is still accepted.
  • Process server or sheriff: $50 to $150 per person served.

Every figure is from the sections below and carries its source. Sources last checked 14 September 2026. Spot something out of date? See our corrections or email hello@thecusp.app.

California gives you the forms for free. What it doesn’t give you is the order, the deadlines, the trap almost everyone falls into on the six-month wait, or anyone to tell you which of three very different paths you’re actually on. That’s this.

Start with your dates

Put in the day you filed and this page works out every deadline in your case, then hands you a calendar file that reminds you a week before each one and again the day before. It opens in the calendar you already use. Free, no account, nothing stored.

Jump to the deadline calculator ↓

Current as of the January 2026 Judicial Council form revisions — including the new Joint Petition process under SB 1427
What do you need?
1 · The three routes2 · Every form California…3 · Getting the forms and filling…4 · Your deadlines5 · The order it actually happens…6 · The rejection-proofing…7 · Financial Disclosure8 · What this costs
8 sections on this page. Pick one, or show everything.
California DIY Divorce Kit

Which forms do you actually need?

Your route and its conditions, the forms grouped by route, how filing actually works in California, and the sequence with its costs.

First, which route you are on. Each one opens to the conditions the rule actually sets.

Summary Dissolution

Fam. Code §§ 2400–2406

Available only where all of these are true:

  • There are no minor children of the relationship, neither spouse is pregnant, and there is no minor child born during the marriage.
  • The marriage or registered domestic partnership, from its start to the date of separation, lasted 5 years or less.
  • Neither spouse owns any interest in real estate.
  • Community property, not counting cars or what is owed on them, is under $57,000.
  • Community debt, not counting car loans, is $7,000 or less.
  • Neither spouse has separate property worth more than $57,000.
  • Neither spouse is asking for spousal support.
  • Both spouses sign the same joint petition.
Joint Petition

Effective January 1, 2026 under SB 1427

Available only where all of these are true:

  • Both spouses agree and will sign and file one joint petition together.
  • There has been no domestic violence and no restraining order between the spouses — the Judicial Council explicitly says this process is not right where either applies, and Regular Dissolution is used instead.
Regular Dissolution

Fam. Code § 2300 and following

This is the route wherever any of these is true:

  • The spouses are not both signing and filing one petition together — one files, and the other is served or responds.
  • There has been domestic violence or a restraining order between the spouses, which the Judicial Council says rules out the Joint Petition process.
The forms, grouped by the route they belong to

Grouped exactly as California labels them. Every number links to the official PDF.

All  3 forms
  • FL-140 — Declaration of Disclosure — cover sheet, exchanged not filed
  • FL-142 — Schedule of Assets and Debts (or FL-160, not both)
  • FL-150 — Income and Expense Declaration
Joint Petition  4 forms
  • FL-700 — Joint Petition — Marriage or Domestic Partnership
  • FL-700-INFO — Information Sheet for the Joint Petition Process — read this first
  • FL-710 — Summons — Joint Petition
  • FL-720 — Notice of Revocation of Joint Petition — only where one spouse changes their mind
Joint Petition, Regular Dissolution  7 forms
  • FL-105 — Declaration Under UCCJEA — where there are children, a pregnancy, or a child born during the marriage
  • FL-311 — Child Custody and Visitation (Parenting Time) Application Attachment — where there are children
  • FL-141 — Declaration Regarding Service of Declaration of Disclosure
  • FL-144 — Stipulation and Waiver of Final Declaration of Disclosure — where both spouses agree to skip the final round
  • FL-170 — Declaration for Default or Uncontested Dissolution
  • FL-180 — Judgment (Family Law)
  • FL-190 — Notice of Entry of Judgment
Regular Dissolution  7 forms
  • FL-100 — Petition — Marriage/Domestic Partnership
  • FL-110 — Summons (Family Law)
  • POS-015 — Notice and Acknowledgment of Receipt — Civil (the responding spouse signs and returns it)
  • FL-115 — Proof of Service of Summons — where the other spouse is served
  • FL-120 — Response — Marriage/Domestic Partnership (the responding spouse files it)
  • FL-165 — Request to Enter Default — only where the other spouse never responds
  • FW-001 — Request to Waive Court Fees — if needed
Summary Dissolution  5 forms
  • FL-800 — Joint Petition for Summary Dissolution
  • FL-810 — Summary Dissolution Information — read this, don’t file it
  • FL-825 — Judgment of Dissolution and Notice of Entry of Judgment — Summary Dissolution
  • FL-830 — Notice of Revocation of Joint Petition for Summary Dissolution — only where one spouse changes their mind
  • FL-395 — Ex Parte Application for Restoration of Former Name — optional
Your choice

You may e-file, but you do not have to

The checklist is not something you file. It is your worktable — what to do, in what order, and what it costs. The forms are what reaches the court, and this is how they get there in California.

Portal
No statewide portal. Each superior court that adopts e-filing designates one or more electronic filing service providers (EFSPs) — e.g., Odyssey eFileCA (Tyler), File & ServeXpress, Green Filing, InfoTrack.
Paper
Still accepted — you can file over the counter.
What it costs
No portal fee published.
Account
Only if the self-represented party chooses to e-file; each EFSP has its own account process and pricing.
Worth knowing
California has the single most explicit statewide pro se exemption in the country — it is written into the Rules of Court, not left to local orders. A self-represented divorce filer in California can always file on paper, and is served on paper, even in a court that has made e-filing mandatory for attorneys, unless the pro se party affirmatively opts in. Rule 2.253 adds that 'Any fees charged by the court or an electronic filing service provider shall be consistent with the fee provisions of Code of Civil Procedure section 1010.6.'
The sequence

Each step with the forms it names and the money it costs. The full detail of every step is in the section below. Print this part.

#StepForms it namesCost
1Confirm residencyNone named—
2Choose your path and fileFL-800FL-110FL-710FW-001FL-100FL-700$435
3Serve your spouse they then have 30 daysPOS-015—
4Exchange Preliminary Declarations of Disclosure 60 daysFL-150FL-140FL-142FL-141—
5Spouse responds — or you request defaultFL-120FL-165—
6Wait out the 6-month clock 183 daysNone named—
7Exchange Final Declarations of DisclosureFL-144—
8Submit judgment paperworkFL-825FL-170FL-180FL-190—
What it costs

Every figure here is this page’s own, from the costs section below. A fee waiver application is free to file and is listed with the forms above.

Filing fee, statewide (Riverside, San Bernardino & San Francisco add local surcharges)$435
Response filing fee, if your spouse files one$435
Process server or sheriff, per person served$50–150
Notice and Acknowledgment of Receipt by mail (cooperative spouse)$0–5 postage
Request for Order (motion), if you need one$60
Notarizing an interspousal transfer deed, if real property is involved$15–25
Certified copy of your final judgment$25–40
Typical all-in, doing it yourselves, uncontested$450–650
What this cannot do for you. It cannot tell you which forms your case needs — that depends on facts only you, and if you need one your lawyer, can weigh. Nothing here is new: every route condition, form label and figure is taken from this page’s own verified sections below. Download every form fresh, because clerks reject superseded revisions.
The short version8 points · tap one to jump to it
  1. The three routes, and what the rule requires — California actually has three routes, not two, as of January 1, 2026.
  2. Every form California publishes for a divorce — Every one is free from the California courts.
  3. Getting the forms and filling them in — Every California Judicial Council form is free, most are fillable on screen, and — unlike what a lot of people assume — almost none of them need a notary.
  4. Your deadlines, calculated — Everything in a California divorce runs off dates most people track wrong.
  5. The order it actually happens in
  6. The rejection-proofing checklist — People plan their lives around "6 months from when I filed." That is not what California law says.
  7. Financial Disclosure — Preliminary and Final — Every path except a fully-qualifying Summary Dissolution runs through this twice — once early (Preliminary), once before judgment (Final, unless jointly waived on Form FL-144).
  8. What this costs — File Form FW-001, Request to Waive Court Fees, with the Information Sheet FW-001-INFO.
In this subject 8
Cost to file in California: $435.00. Where every dollar goes, and the fee waiver

1 · The three routes, and what the rule requires

California actually has three routes, not two, as of January 1, 2026. The difference between them is set by statute and by Judicial Council rule, not by preference — and each one is defined by conditions that can be checked against the facts. Getting it wrong wastes months: petitions filed for Summary Dissolution without meeting the dollar thresholds get kicked back, and the full adversarial process gets used in cases that never needed it.

Before any of the three routes is available, California requires 6 months of state residency and 3 months of residency in the county where the case is filed — both. There is no way around it; until both thresholds are met, the case belongs in a state or county where one spouse already qualifies.

Summary Dissolution

Fam. Code §§ 2400–2406

The fastest route California offers. No service of process, one joint petition, and no court hearing in most counties.

Available only where all of these are true:

  • There are no minor children of the relationship, neither spouse is pregnant, and there is no minor child born during the marriage.
  • The marriage or registered domestic partnership, from its start to the date of separation, lasted 5 years or less.
  • Neither spouse owns any interest in real estate.
  • Community property, not counting cars or what is owed on them, is under $57,000.
  • Community debt, not counting car loans, is $7,000 or less.
  • Neither spouse has separate property worth more than $57,000.
  • Neither spouse is asking for spousal support.
  • Both spouses sign the same joint petition.

The 6-month wait still applies. It runs from the date of filing rather than from a service date.

Spousal support is permanently waived on this route. There is no asking for it later.

Form FL-810, the free official information booklet, sets out exactly what is being given up on this route. It is meant to be read, not filed.

Joint Petition

Effective January 1, 2026 under SB 1427

A new process for spouses who agree and will file together, but who fall outside the Summary Dissolution limits. Because both are petitioners from day one, formal service of process is skipped anyway.

The route exists precisely for the cases Summary Dissolution cannot take: children, a marriage longer than five years, property or debts above the thresholds, or a spousal support request.

Available only where all of these are true:

  • Both spouses agree and will sign and file one joint petition together.
  • There has been no domestic violence and no restraining order between the spouses — the Judicial Council explicitly says this process is not right where either applies, and Regular Dissolution is used instead.

The 6-month wait runs from the filing date, not from a service date, because both spouses are petitioners from day one — “six months and one day” per the court’s own instructions.

This is a brand-new process. Confirm the exact finalization packet with your court’s self-help center or family law facilitator, since local practice is still settling.

Regular Dissolution

Fam. Code § 2300 and following

The route for every case the other two do not cover. It is more steps, and it involves actual service of process — but it is entirely doable without a lawyer where the spouses agree on the substance.

This is the route wherever any of these is true:

  • The spouses are not both signing and filing one petition together — one files, and the other is served or responds.
  • There has been domestic violence or a restraining order between the spouses, which the Judicial Council says rules out the Joint Petition process.

A cooperating spouse can skip a process server entirely by signing Form POS-015, Notice and Acknowledgment of Receipt, and mailing it back. That saves the service fee — and service is legally complete the day they sign it, which is the date the 6-month clock starts.

2 · Every form California publishes for a divorce

The complete list, not a shortlist — because which forms a case needs depends on facts only you and, if you need one, your lawyer can weigh. Each row says which route it belongs to and carries the revision date clerks actually check. Every one is free from the California courts.

This is information, not legal advice

The Cusp is not a law firm and cannot tell you which forms are right for your case. Everything here is general information about how California handles divorce, and every form below is published free by California itself — you do not have to buy anything from anyone to get them. If your situation is not straightforward, a consultation with a California family lawyer costs far less than fixing a filing that went wrong.

FormWhat it isRouteRev.
FL-800Joint Petition for Summary DissolutionSummary Dissolution04/28/25Download ↓
FL-810Summary Dissolution Information — read this, don’t file itSummary Dissolution04/28/25Download ↓
FL-825Judgment of Dissolution and Notice of Entry of Judgment — Summary DissolutionSummary Dissolutionnew 01/12Download ↓
FL-830Notice of Revocation of Joint Petition for Summary Dissolution — only where one spouse changes their mindSummary Dissolution07/01/15Download ↓
FL-395Ex Parte Application for Restoration of Former Name — optionalSummary Dissolution—Download ↓
FL-700Joint Petition — Marriage or Domestic PartnershipJoint Petitionnew 01/26Download ↓
FL-700-INFOInformation Sheet for the Joint Petition Process — read this firstJoint Petitionnew 01/26Download ↓
FL-710Summons — Joint PetitionJoint Petitionnew 01/26Download ↓
FL-720Notice of Revocation of Joint Petition — only where one spouse changes their mindJoint Petitionnew 07/26Download ↓
FL-100Petition — Marriage/Domestic PartnershipRegular Dissolution01/20Download ↓
FL-110Summons (Family Law)Regular Dissolution01/15Download ↓
POS-015Notice and Acknowledgment of Receipt — Civil (the responding spouse signs and returns it)Regular Dissolution—Download ↓
FL-115Proof of Service of Summons — where the other spouse is servedRegular Dissolution01/21Download ↓
FL-120Response — Marriage/Domestic Partnership (the responding spouse files it)Regular Dissolution01/20Download ↓
FL-165Request to Enter Default — only where the other spouse never respondsRegular Dissolution07/25Download ↓
FW-001Request to Waive Court Fees — if neededRegular Dissolution—Download ↓
FL-105Declaration Under UCCJEA — where there are children, a pregnancy, or a child born during the marriageJoint Petition, Regular Dissolution01/25Download ↓
FL-311Child Custody and Visitation (Parenting Time) Application Attachment — where there are childrenJoint Petition, Regular Dissolution01/26Download ↓
FL-141Declaration Regarding Service of Declaration of DisclosureJoint Petition, Regular Dissolution—Download ↓
FL-144Stipulation and Waiver of Final Declaration of Disclosure — where both spouses agree to skip the final roundJoint Petition, Regular Dissolution01/07Download ↓
FL-170Declaration for Default or Uncontested DissolutionJoint Petition, Regular Dissolution—Download ↓
FL-180Judgment (Family Law)Joint Petition, Regular Dissolution07/01/12Download ↓
FL-190Notice of Entry of JudgmentJoint Petition, Regular Dissolution—Download ↓
FL-140Declaration of Disclosure — cover sheet, exchanged not filedAll07/01/13Download ↓
FL-142Schedule of Assets and Debts (or FL-160, not both)All07/01/25Download ↓
FL-150Income and Expense DeclarationAll09/01/24Download ↓

On the Joint Petition route: this is a brand-new process — confirm the exact finalization packet with your court’s self-help center or family law facilitator, since local practice is still settling.

Every one of these is free. Download fresh each time — clerks reject superseded revisions, and saved copies go stale.

3 · Getting the forms and filling them in

Nobody explains this part, so here it is. Every California Judicial Council form is free, most are fillable on screen, and — unlike what a lot of people assume — almost none of them need a notary.

You may e-file, but you do not have to Your choice

Portal
No statewide portal. Each superior court that adopts e-filing designates one or more electronic filing service providers (EFSPs) — e.g., Odyssey eFileCA (Tyler), File & ServeXpress, Green Filing, InfoTrack.
Paper
Still accepted — you can file over the counter.
What it costs
No portal fee published.
Account
Only if the self-represented party chooses to e-file; each EFSP has its own account process and pricing.
Worth knowing
California has the single most explicit statewide pro se exemption in the country — it is written into the Rules of Court, not left to local orders. A self-represented divorce filer in California can always file on paper, and is served on paper, even in a court that has made e-filing mandatory for attorneys, unless the pro se party affirmatively opts in. Rule 2.253 adds that 'Any fees charged by the court or an electronic filing service provider shall be consistent with the fee provisions of Code of Civil Procedure section 1010.6.'
Authority: California Rules of Court, rule 2.253(b)(2): 'Self-represented parties or other self-represented persons are exempt from any mandatory electronic filing and service requirements adopted by courts under this rule.' Rule 2.253(b)(3): 'In civil cases involving both represented and self-represented parties or other persons, represented parties or other persons may be required to file and serve documents electronically; however, in these cases, each self-represented party or other person is to file, serve, and be served with documents by non-electronic means unless the self-represented party or other person affirmatively agrees otherwise.' Statutory basis: Code of Civil Procedure § 1010.6.

Step one — download them free

Every mandatory and optional Judicial Council family law form lives here, at no cost:

selfhelp.courts.ca.gov — Divorce Forms (individual PDFs are also hosted directly at courts.ca.gov/documents/[form].pdf)

Always download fresh

Don’t reuse a saved copy or one a friend sent you. Forms get revised on a rolling basis — FL-142 was revised July 2025, FL-150 September 2024, FL-105 January 2025 — and clerks reject superseded versions. The revision date is printed in the footer of every form, e.g. “FL-100 [Rev. January 1, 2020].”

Step two — fill them in on screen

Nearly all Judicial Council family law forms are fillable PDFs. Open them in Adobe Acrobat Reader (free), Preview on a Mac, or a browser, type into the fields, and save. Type everything — a form filled out by hand at 11pm is not doing you any favors, and clerks bounce illegible submissions.

Fill in every field, writing “N/A” where something doesn’t apply rather than leaving it blank. And use the exact same legal name — spelled the same way — on every single form.

If you’re not sure which path fits

California courts publish a free self-help interview tool at selfhelp.courts.ca.gov/divorce that walks you through the basics question by question. It’s a good sanity check before you commit to Summary Dissolution or the new Joint Petition process — this guide exists for the parts that tool doesn’t hold your hand through: the deadlines, the disclosure requirements, and the traps.

Step three — signing: penalty of perjury, not a notary

This is the biggest thing people get wrong coming from another state’s process. California family law forms are not notarized. Every signature line reads something close to: “I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.” You sign it yourself, dated the day you actually sign, and that’s it — no notary, no witness, no stamp.

The one place notarization does still show up

If your settlement transfers real estate — an interspousal transfer deed moving a house into one spouse’s name, for example — that deed needs to be notarized and recorded with the county recorder, because recording law requires it, not family law. The petition, response, disclosures, and settlement agreement itself don’t need it. Don’t pay a notary to sign something that only needs your own signature under penalty of perjury.

Step four — file them

Filing is county by county — there’s no single statewide portal like some states use. Most Superior Courts now accept e-filing through a vendor (commonly Odyssey eFileCA, or a county’s own e-filing partner); a growing number make it mandatory for represented parties and optional for people representing themselves, but this varies court to court. Check your specific county’s Superior Court website for its e-filing rules and vendor, or file in person at the courthouse — you’re never required to e-file as a self-represented litigant.

Can’t afford the fee?

File Form FW-001, Request to Waive Court Fees, with Information Sheet FW-001-INFO. If you qualify — generally household income at or under 200% of the federal poverty guidelines, or you receive benefits like Medi-Cal, CalFresh, or SSI — the court issues an order (FW-003) waiving your filing fee and other court costs. The clerk cannot refuse to accept your fee waiver request.

4 · Your deadlines, calculated

Everything in a California divorce runs off dates most people track wrong. Put yours in and we’ll turn every rule into an actual date on your calendar — then add the whole thing to Google Calendar, Apple Calendar, or Outlook in one click.

How did you start the case?
Date you filed the petition
Leave blank if you haven’t filed yet
Date your spouse was served
Only applies if you filed alone — leave blank for a joint petition

5 · The order it actually happens in

1
Confirm residency
6 months in California and 3 months in the county where you’ll file — both are required, not either/or. There’s no form to prove this at filing; it’s a fact you swear to on the petition itself.
2
Choose your path and file
Regular Dissolution (FL-100 + Summons FL-110), the new Joint Petition (FL-700 + FL-710), or Summary Dissolution (FL-800) if you qualify. Pay $435 statewide (Riverside, San Bernardino, and San Francisco add local surcharges) — or file Form FW-001 for a fee waiver the same day.
3
Serve your spouse they then have 30 days
Not needed for a joint petition or Summary Dissolution — you’re both already petitioners. For Regular Dissolution: personal service by a process server or sheriff, or — if your spouse is cooperative — they sign Form POS-015, Notice and Acknowledgment of Receipt, and you mail it. Service is legally complete the day they sign it.
4
Exchange Preliminary Declarations of Disclosure 60 days
Fam. Code §2104. Forms FL-140, FL-142 (or FL-160), and FL-150, plus two years of tax returns and recent pay stubs — exchanged with each other, not filed with the court. File Form FL-141 confirming you did it.
5
Spouse responds — or you request default
Form FL-120, due 30 days after service. If nothing comes back, file Form FL-165, Request to Enter Default — the court can then decide property, support, and custody without ever hearing from your spouse.
6
Wait out the 6-month clock 183 days
Fam. Code §2339(a). This is the single most misunderstood date in a California divorce. It runs from the date your spouse was served — or from whichever comes first, service or their appearance in the case — never from the date you filed. For a joint petition or Summary Dissolution, both of you appeared the day you filed together, so the clock starts there instead.
7
Exchange Final Declarations of Disclosure
Fam. Code §2105. Due before or at the time you sign a settlement — or you can both sign Form FL-144 to stipulate a waiver, as long as you’ve each actually complied with the underlying disclosure obligations. Skipping this without a valid FL-144 is grounds to set aside your judgment later.
8
Submit judgment paperwork
FL-170, FL-180, and FL-190 for Regular Dissolution or the new Joint Petition; FL-825 for Summary Dissolution. The court can’t sign it before your 6-month wait is up, even if every form was filed on day one. You are not divorced until the judgment is entered and the Notice of Entry is issued — not the day you filed, not the day the wait expires.

6 · The rejection-proofing checklist

These are the specific things that get California filings bounced or judgments unwound — every one of them costs weeks or worse.

Signing and dates

The service-date-not-filing-date trap

People plan their lives around “6 months from when I filed.” That is not what California law says. Fam. Code §2339(a) counts from the date your spouse was served, or the date they appeared in the case — whichever happens first — never from your filing date. If you filed on January 1 but didn’t get your spouse served until March 1, your earliest possible divorce date is roughly September 1, not July 1. Waiting to serve someone directly delays your own freedom.

Forms people forget

Timing

What Summary Dissolution takes away permanently

Summary Dissolution requires both spouses to waive spousal support — for good. You cannot ask for it later, even if circumstances change, and you cannot appeal the judgment. If there is any chance you’ll want support down the line, or any dispute about the numbers, this is the wrong path even if you technically qualify on the dollar thresholds.

7 · Financial Disclosure — Preliminary and Final

Every path except a fully-qualifying Summary Dissolution runs through this twice — once early (Preliminary), once before judgment (Final, unless jointly waived on Form FL-144). These go to your spouse, not the court file. Only the certification (FL-141) gets filed.

The FL-142 vs. FL-160 choice

You disclose your assets and debts on either FL-142 (Schedule of Assets and Debts) or FL-160 (Property Declaration) — not both. FL-142 is the standard choice for most cases; FL-160 is a simpler community/separate-property format some courts and self-represented filers prefer. Pick one and stay consistent between your Preliminary and Final disclosures.

8 · What this costs

ItemCost
Filing fee, statewide (Riverside, San Bernardino & San Francisco add local surcharges)$435
Response filing fee, if your spouse files one$435
Process server or sheriff, per person served$50–150
Notice and Acknowledgment of Receipt by mail (cooperative spouse)$0–5 postage
Request for Order (motion), if you need one$60
Notarizing an interspousal transfer deed, if real property is involved$15–25
Certified copy of your final judgment$25–40
Typical all-in, doing it yourselves, uncontested$450–650
If you can’t afford the filing fee

File Form FW-001, Request to Waive Court Fees, with the Information Sheet FW-001-INFO. If your household income is at or below 200% of the federal poverty guidelines, or you receive Medi-Cal, CalFresh, SSI, or a few other public benefits, the fee is waived by court order (Form FW-003) — and so, generally, are later fees in the same case.

Does cheating change the money in California?

No — the court is forbidden to weigh it at all. The rule: misconduct evidence is “improper and inadmissible” (§ 2335). How all fifty states answer this.

Reconciled, and it did not work? No fault ground survives in California, so forgiving an affair cannot cost you the divorce — which is an answer rather than a gap: condonation, state by state. If the decision itself is what you are sitting with rather than the law, start here.

What this is. A guide to California’s own process, built from the California Family Code (particularly §§ 2104–2105, 2339, 2400–2406), the California Rules of Court, the Judicial Council of California’s mandatory and optional family law forms, and California Courts Self-Help Center guidance. The forms themselves are free from selfhelp.courts.ca.gov and this guide links you to them rather than reselling them.

What this is not. The Cusp is not a law firm and does not practice law. Nothing here is legal advice, and nothing here tells you which choice is right for your particular situation — only what California requires of each path. If your case involves contested custody, a business, hidden assets, domestic violence, or a spouse with a lawyer, talk to an attorney; the Joint Petition process explicitly isn’t recommended where there’s been domestic violence or a restraining order. Many attorneys offer free consultations, and one hour of advice is cheaper than one mistake.

Free alternatives you should know about. California courts publish a free self-help interview tool and county-specific family law facilitator offices that offer free guidance to self-represented litigants — search “[your county] family law facilitator.” If your situation is simple, start there before paying for anything, including this guide.

Numbers that move. The Summary Dissolution property and debt thresholds ($57,000 / $57,000 / $7,000) and the statewide filing fee ($435) are current as of this guide’s publication date but are periodically adjusted by the Judicial Council and Legislature — reconfirm them against the FL-800/FL-810 forms or your court’s fee schedule before you rely on them for a filing months from now.

Authority: Fam. Code div. 6 — residency at § 2320, grounds at § 2310, the six-month wait at § 2339(a) — read it on California’s own site. Checked 15 Sep 2026.
Next step
Before you do anything with the house

Four things can happen to the house in a California divorce

California is one of the twenty. The moment a petition is filed, an automatic order takes effect on both of you, barring either from selling or encumbering property. Nobody is served with it separately and nobody explains it. Breaking it is contempt.

One of you buys the other out, you sell later, you sell now, or the court decides. For a great many people the right answer is not to sell at all – and three of the four routes earn us nothing.

The four routes, compared · Keeping it: the buyout and the carrying cost · Selling: capital gains, basis and timing · Finding an agent who has done a divorce sale · What two households cost

If you moved states

Moved to California during the marriage?

California treats what either of you earned while living in another state as quasi-community property — part of the community estate, which the court must divide equally. Moving here can change how a divorce splits assets you built years before you arrived.

What moving does to your property, state by state →

Need a vetted attorney, mediator, or financial analyst in California?

Browse The Cusp’s professional directory — rated only by verified clients, never ranked by who paid the most.

Browse the directory →

The Cusp · All 50 state kits · Find a professional · About

If the house is part of this

Ask for an introduction to an agent → — who we would introduce you to, what the referral fee is and who pays it, and why the answer is sometimes that you should not sell at all.

California, in full

Everything we have written about California specifically. Every figure on these pages is quoted from California’s own statute or its courts’ own published schedule, and carries the date we last checked it.

The decree is not the last deadline

The most expensive mistakes in a divorce are made in the year after it, by people who thought the case was over. After the divorce is the checklist for that year — the health-coverage clock, the retirement order a decree cannot replace, and the beneficiary form that outranks your will.

When people ask what they can do

Filing is one household becoming two, and the second one starts empty. The two-household list is what to send the people who keep asking how they can help — the second of everything, and the half of it that costs nothing. Some people call it a divorce registry.

Every form, by number

All 26 California divorce forms, listed by the number the clerk will ask for — 26 with an official form number, 26 linked straight to the state’s own file, each with its revision date where the state publishes one. Open the California form list →

Sources last checked14 September 2026
Page published14 August 2026
What this means. This is when the sources on this page were last read against their originals — statutes, court rules, official schedules — taken from the date this page was built from its sources. It is not the date the page was last edited. Adding a link or fixing a typo does not move it; re-reading the statute does. Law changes without notice, so treat anything time-sensitive as needing a fresh check. Where we get something wrong we publish it at thecusp.app/corrections with the date, what changed, and how long the error was live.
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Common questions about filing for divorce in California

Short answers to what people ask most before they start. Each one points at the part of this page that covers it in full.

How do I file for divorce in California?

This page sets out the order it happens in for California: which form opens the case, what has to be served on the other person and when, and what the court needs before it will finish. It is written to be followed in sequence rather than read through.

What forms do I need to file for divorce in California?

The form list on this page gives the official California form numbers, each one’s revision date, and a link to the copy on the court’s own site rather than a copy hosted here. Using a superseded revision is one of the most common reasons a filing comes back, which is why the dates are shown.

How much does it cost to file for divorce in California?

$435 – $450 to open the case, and that is only the filing fee — it does not cover service, copies, any required class, or a lawyer. The full breakdown for California, with every figure traced to the court’s own published schedule and dated, is at what it costs to file in California.

What gets a California divorce filing rejected?

This page has a section on exactly that — the specific mistakes that get a filing returned in California rather than a general list. Most of them are procedural and cost weeks rather than money: the wrong form revision, a missing signature or notarization, service done in a way the state does not accept, or filing before a residency requirement is met.

How long does a divorce take in California?

There is a timeline on this page built from California’s own statutory day-counts, not from averages. The honest short answer is that the waiting period is a floor and not a prediction: an uncontested case can finish close to it, and a contested one is governed by the court’s calendar rather than the statute.

Where does the information on this page come from?

California’s own courts and statutes. Every form links to the court’s site, every fee is quoted from the published schedule with the date it was last checked, and where something could not be confirmed from an official source this site says so instead of estimating. It is free, with no account and no paywall.

Does cheating change the money in California?

No, and that is a deliberate choice in the statute rather than a gap in it. California forbids the court to weigh marital misconduct when it sets spousal support, so evidence of an affair does not help you there and gathering it may cost money for nothing. Ten states do this, most of them in the same six words. The fifty-state table sets out the section this comes from, and the card higher up this page quotes your state’s own words.

If the house is being sold as part of a California divorce

Choosing an agent for a divorce sale is a different problem from choosing one for an ordinary sale: who the agent is allowed to talk to, who has to sign, what happens when one of you will not, and the three separate conflicts of interest that come up when one spouse found the agent first. How to choose a real estate agent for a divorce sale sets out what to ask, and how to check a credential yourself — no divorce credential is official with the National Association of Realtors.

The Cusp receives a referral fee from agents it vets and trains to handle divorce clients.

There is a group for this. Free, run by The Cusp, and you can post anonymously: Divorce & Separation Support (US).

Key deadlines at a glance

These are the same deadlines the calculator above works out, shown as days counted from the day you file or the day your spouse is served. Use the calculator for your exact dates.

How did you start the case? I filed alone — serving my spouse

StepWhenWhat it means
Petition filedThe day you fileStarts your own 60-day disclosure clock — but NOT the 6-month countdown to being divorced. That doesn’t start until your spouse is served.
Spouse servedThe day your spouse is served (or signs a waiver)Their clock starts now — and so does yours. This is the date California actually counts your 6-month wait from, not your filing date.
Their Response (FL-120) is due30 days after service30 days from service. No response means you can file Form FL-165, Request to Enter Default.
Your Preliminary Declaration of Disclosure due60 days after filingFam. Code §2104. FL-140, FL-142 (or FL-160), and FL-150, sent to your spouse.
Their Preliminary Declaration of Disclosure due (approx.)60 days after serviceFam. Code §2104 — technically 60 days from when they file their Response, so treat this as an estimate if they respond late.
Earliest day you can be divorced183 days after serviceFam. Code §2339(a) — 6 months (183 days) from SERVICE, not from when you filed. This is the date almost everyone gets wrong.

How did you start the case? We filed one petition together

StepWhenWhat it means
Joint petition filedThe day you fileYou’re both petitioners as of this date — there’s no separate service step, so this date starts your countdown directly.
Preliminary Declarations of Disclosure due60 days after filingFam. Code §2104. Both of you exchange FL-140, FL-142 (or FL-160), and FL-150 with each other — not the court.
Earliest day you can be divorced184 days after filing“Six months and one day from the date you filed,” per the court’s own Joint Petition instructions — Fam. Code §2339(a) counted from your mutual appearance.

Your county

Divorce rules are set by the state, but each county or court has its own forms, deadlines, classes and filing habits. Choose yours.

California has no single statewide procedure for local practice. Judicial Council forms (such as FL-100) are usable in every superior court, and each county layers on its own local rules, local forms, e-filing rules and self-help or Family Law Facilitator office. Counties differ on whether family e-filing is mandatory (Los Angeles for represented parties, Orange for attorneys, Santa Clara and San Francisco for represented parties) or voluntary (San Diego, San Bernardino), and on how custody mediation is run. Check each county’s own rules before filing. See the official local rules index · statewide forms.

Or go straight to your county or court:

Alameda Superior Court (call to confirm)Los Angeles Superior CourtOrange Superior CourtRiverside Superior Court (call to confirm)Sacramento Superior Court (call to confirm)San Bernardino Superior CourtSan Diego Superior CourtSan Francisco Superior CourtSanta Clara Superior Court

Alameda Superior Court Call or check the court website to confirm

Alameda requires family law documents to be presented for filing at the Hayward Hall of Justice, with the Oakland Davidson Courthouse accepting only domestic violence protective order filings. Remote appearances are available in all family courtrooms by filing Notice of Remote Appearance (RA-010); e-filing and mediation requirements were not confirmed.

Who to contact: Hayward Hall of Justice, 24405 Amador St, Hayward CA 94544, 510-690-2700. Oakland Davidson Courthouse, 1225 Fallon St, Oakland 94612, 510-891-6000 (DV protective orders only).

Local rules · Local forms · Court website

Where this comes from

Last checked 2026-11-10. Tell us if this is out of date

Los Angeles Superior Court

Los Angeles requires a Family Law Case Cover Sheet (FAM020) with the first filing, and represented parties must e-file through an approved provider while self-represented filers are exempt. Anyone seeking an initial or modified custody or visitation order must take part in mediation, and each parent must first complete the online Our Children First orientation (except in domestic violence restraining order cases, where it is optional).

Who to contact: Family division page lists no clerk or FCS phone (only 211 LA County). Self-help centers per earlier-read locations PDF: Central, 111 N. Hill St., Rm 426, (213) 974-5004 (not re-checked).

Local rules · Local forms · Court website

Where this comes from

Last checked 2026-11-10. Tell us if this is out of date

Orange Superior Court

Orange County’s family local rules are in Division 7, and attorneys must e-file family law documents, including ex parte filings, since January 2, 2024. Court-ordered Family Court Services mediation is free and held by Zoom, and missing it or failing to cancel in time can bring $100 per party sanctions; settlement conference briefs are due at least five calendar days before and trial documents ten calendar days before.

Who to contact: FCS 657-622-6196; FCSInbox@occourts.org; FCS window 5th floor Lamoreaux Justice Center. Family filings: 341 The City Drive South, 7th Floor, Orange, CA 92683-4593.

Local rules · Local forms · Court website

Where this comes from

Last checked 2026-11-10. Tell us if this is out of date

Riverside Superior Court Call or check the court website to confirm

Riverside hears family law at its Riverside, Blythe, Indio and Menifee courthouses and publishes separate family local rules (Title 5) and a Trial Rules and Procedures document. Most other procedures could not be confirmed, so check with the clerk.

Who to contact: No family phone on the division page; it links a Phone Numbers page under General Information.

Local rules · Local forms · Court website

Where this comes from

Last checked 2026-11-10. Tell us if this is out of date

Sacramento Superior Court Call or check the court website to confirm

Sacramento sets custody mediation through Family Court Services at the Ridgeway Family Relations Courthouse, where parents must submit an enrollment form, the Parenting Plan Questionnaire (ME-802) and proof of the court’s orientation program (completed within the last 12 months) at least five days before the appointment. The Family Law and Probate Self-Help Center (Room 314) offers in-person and remote help; family e-filing rules were not confirmed.

Who to contact: William R. Ridgeway Family Relations Courthouse (street address 3341 Power Inn Road per prior pass, not re-confirmed). FCS is Room 104; Self-Help Center Room 314. Records appointments (916) 875-3400 (prior pass, not re-checked).

Local rules · Local forms · Court website

Where this comes from

Last checked 2026-11-10. Tell us if this is out of date

San Bernardino Superior Court

San Bernardino’s family e-filing has been voluntary for attorneys and self-represented litigants since February 26, 2024, with the mandatory start date still listed as TBD, and appeal documents cannot be e-filed this way. The court publishes its own family local forms list, including SB-598 Settlement Conference Brief.

Who to contact: Appeals 909-384-1888 (option 1, then 7) for appeal documents. No family clerk address read.

Local rules · Local forms · Court website

Where this comes from

Last checked 2026-11-10. Tell us if this is out of date

San Diego Superior Court

San Diego’s 2026 Division V family rules encourage but do not require e-filing, and it is a recommending county where the Family Court Services counselor reports a custody recommendation to the judge if parents do not agree. A mandatory settlement conference is generally required before trial (not when all parties are self-represented), with the brief due by 4:00 p.m. five court days before.

Who to contact: No phone on pages read. Courthouses (from prior pass, not re-checked): Central 1100 Union St.; East County 250 E. Main St., El Cajon; South County 500 Third Ave., Chula Vista; North County 325 S. Melrose Dr., Vista.

Local rules · Local forms · Court website

Where this comes from

Last checked 2026-11-10. Tell us if this is out of date

San Francisco Superior Court

San Francisco requires represented parties to e-file in family dissolution cases (self-represented parties are exempt), through File & ServeXpress or another court-approved provider. Family Court Services offers free, confidential custody mediation and free parent orientation sessions (parents attend separately, in English, Spanish, Cantonese or Mandarin).

Who to contact: FCS (415) 551-5060 or (415) 238-3623; case status (415) 551-3900; fcsmediation@sfcourt.org; 400 McAllister St., Room 402, San Francisco 94102. Clerk Mon-Fri 8:30-12:30, drop box 12:30-4:00. E-filing: UFCEfiling@sftc.org.

Local rules · Local forms · Court website

Where this comes from

Last checked 2026-11-10. Tell us if this is out of date

Santa Clara Superior Court

Santa Clara requires attorney-represented parties to e-file in Family cases, though family judgments and defaults may still be filed on paper. Other procedures (mediation, parenting class, fees) were not confirmed, so check with the clerk.

Who to contact: Phone and address not read; Family Division page links a telephone directory.

Local rules · Local forms · Court website

Where this comes from

Last checked 2026-11-10. Tell us if this is out of date

Not listed? Your county clerk of court can tell you the local rules. These are general information from court and clerk pages, last checked 2026-11-10, not legal advice.

Already divorced? How to change a support order in California. Also custody and parenting time. Or check your state’s rules in one place.

Serving the papers in California? Any adult 18 or older who is not a party; not you. No fixed deadline in the rule; serve at least 16 court days before a hearing. (As we read the rules on 29 October 2026.) See who can serve a divorce summons and whether you can do it yourself, and find California in our state-by-state serving table.

How we can help

Understand the house first. Then talk to someone who gets it.

The house is usually the largest decision in a divorce, and the one people are least ready for. Here is what we do, in the order that makes sense.

1. Start with the facts, free

22 states have automatic orders that freeze both spouses the moment a divorce is filed, barring either one from selling or borrowing against the property. Is yours one of them?

Plain-English guides on what can happen to the house, what an automatic order stops you doing, and how the tax rules decide what a sale is worth. No account and nothing to buy.

2. Know when not to call an agent

Often the right answer is to wait, or to talk to your lawyer or an accountant first. We say so plainly. An agent is the wrong first call if nothing is filed, or if an order restricts what either of you can do with the property.

3. Talk to someone who gets it

When you do need an agent, we introduce you to a local agent who has completed our divorce real estate training and passed its 20-question exam. Before any introduction we check the license with the state regulator (any unresolved disciplinary action is a no), the agent’s closed sales, and a review rating of 4.7 or better. The introduction is free, and you are free to say no.

Ask for an introduction

How we are paid

You pay us nothing. Agents are not charged for the training, the exam or the free resources. If an introduction leads to a closed sale, the agent’s brokerage pays a referral fee out of its own commission, not out of your proceeds. A place on the panel cannot be bought.

General information, not legal or tax advice. The Cusp is not a law firm.

Selling a home in a divorce: what to ask a local listing agent

Selling the house is often the largest single decision in a divorce. These questions help you judge whether an agent has done it before. They do not replace your lawyer, who should approve the plan before anything is listed.

  • Have you sold homes where both spouses had to sign, or where a court had to approve the sale? How many, and how recently?
  • Does filing already restrain a sale in my state? Check the 50-state table and ask my lawyer before we sign anything.
  • Who decides on price changes and which offers to accept when we disagree, and how will that be written down?
  • Who pays the mortgage, taxes and insurance until closing, and what does the listing agreement say about it?
  • Where will the sale proceeds be held until the decree says who gets what?
  • How will you handle showings, access and lockboxes if we are not speaking?
  • Will you give both spouses and both lawyers the same information at the same time?
  • What happens to the listing agreement if we settle, reconcile or the case is delayed? What are the cancellation terms?
  • Can I have your fee terms in writing and the names of past clients who sold during a divorce?