California is a no-fault state — you don't need your spouse's consent or a reason beyond “irreconcilable differences.” Here's exactly what to file, how long it takes, and what happens at each stage, whether your case is uncontested or not.
California's mandatory waiting period runs from the day your spouse is served (or first appears in the case) — even if you both agree on everything, the court can't finalize your divorce before then.
First, confirm you can file at all — then see the earliest date the court could grant your divorce.
At least one spouse must have lived in California for the 6 months immediately before filing.
At least one spouse must have lived in the filing county for the 3 months immediately before filing.
"Irreconcilable differences" is enough — you don't need your spouse's agreement or proof of wrongdoing.
At least one spouse must have lived in California for the last 6 months and in the county where you're filing for the last 3 months (this doesn't apply to ending a same-sex marriage not recognized elsewhere).
File Form FL-100 (Petition for Dissolution of Marriage) and FL-110 (Summons) with the Superior Court and pay the filing fee. If you have minor children together, also file FL-105 (UCCJEA Declaration).
You can't serve the papers yourself — an adult who isn't part of the case, a process server, or the sheriff must do it, generally within 60 days of filing. The 6-month waiting period starts on this date.
They have 30 days to file Form FL-120 (Response). If they don't respond, you can typically proceed by default and finalize the divorce without their participation.
Both spouses must complete and exchange FL-140 (Declaration of Disclosure), FL-142 (Schedule of Assets and Debts), and FL-150 (Income and Expense Declaration) — required even if you agree on everything.
Most cases settle through negotiation or mediation. If you can't agree on property, support, or custody, a judge will decide those issues at trial.
File Form FL-180 (Judgment) once terms are set. The court can't finalize your divorce before 6 months and 1 day from the date your spouse was served — even if you agreed on day one.
Fill any of these directly in your browser — no printing, scanning, or separate PDF editor required.
The core form that starts your case — marriage details, grounds, and what you're asking the court to order on property, support, and custody.
Notifies your spouse a case has begun and triggers automatic temporary restraining orders (ATROs) on both of you — no moving kids out of state, no hiding assets, no new debts.
Filed by whoever serves your spouse, confirming they received the Petition and Summons and when.
Required if you have minor children together — lets the court confirm it has authority to make custody decisions.
The financial disclosure package — required for both spouses even in a fully uncontested case.
The final paperwork that officially ends your marriage once terms are set and the waiting period has passed.
Waives the filing fee if you can't afford it. Free to file, and low-income filers who qualify pay nothing.
New as of January 2026 — lets couples who agree on every term file together for a single fee, with no separate service step.
Divorce comes with its own vocabulary. Here's what each term actually means.
The spouse who files the case first — you, if you're the one submitting FL-100.
The other spouse, who is served and has the chance to respond.
California's legal term for divorce — the two mean the same thing here.
You don't need to prove wrongdoing — "irreconcilable differences" is a sufficient legal reason on its own.
Assets and debts acquired during the marriage, generally split 50/50 regardless of whose name is on them.
Automatic Temporary Restraining Orders — rules that kick in for both spouses the moment a case is filed, freezing major financial and custody changes.
A judgment entered because the respondent never filed a response after being properly served.
A simplified, no-hearing process for short marriages (under 5 years) with no kids and limited shared property and debt.
No — California is a no-fault state, so one spouse can obtain a divorce even if the other objects or refuses to participate after being properly served.
The filing fee is about $435 (roughly $870 total if your spouse also files a response). Form FW-001 lets you request a full fee waiver if you qualify.
By law, at least 6 months and 1 day from the date your spouse is served — uncontested cases often finish in 7–9 months, while contested cases can take well over a year.
If they were properly served and don't respond within 30 days, you can generally proceed by default judgment without their participation.
No — the 6-month-and-1-day minimum applies even to fully uncontested divorces. Agreement can speed up everything before that point, but not the final date.
Summary dissolution is available if you've been married under 5 years, have no children together, own no real estate, and have limited shared property and debt — it skips the court hearing but the 6-month wait still applies.
California is a community property state — assets and debts acquired during the marriage are generally divided equally, while separate property owned before marriage or received by gift/inheritance usually stays with its original owner.
Yes — as of January 2026, couples who agree on every term can file a Joint Petition (Form FL-700) together. It counts as service on both spouses, so there's no process server and a single filing fee instead of two.
Formbono is not a law firm and this page is not legal advice. If your situation is complex, consider contacting a local legal aid or self-help center.