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How to file for divorce in California, step by step
From the residency requirement to the final judgment: the main steps of a California divorce, and what you need to prepare.
The five steps to your divorce.
General information for an uncontested divorce. Details differ between counties and cases.
- 01
Check residency
One spouse must have lived in California for six months and in the county of filing for three months. Otherwise, legal separation may be an option to start with.
- 02
File the petition
The divorce starts with a petition and summons filed at the Superior Court of your county. The filing fee is paid to the court unless a fee waiver is granted.
- 03
Serve your spouse
Your spouse must be formally served with the papers by someone other than you. Your spouse then generally has 30 days to respond. The six-month waiting period runs from service or the response.
- 04
Exchange financial disclosures
Both spouses list their assets, debts, income and expenses in a declaration of disclosure. This is required even when you agree on everything.
- 05
Agreement and judgment
Your agreement on property, support and children is put in writing and submitted to the court with the judgment forms. The divorce becomes final no earlier than six months after service or response.
Typical documents
The attorney tells you what your court needs. Typically:
- Date and place of marriage, and the date of separation
- Recent pay stubs and tax returns
- Bank, credit card and loan statements
- Retirement account and pension statements
- Mortgage, deed or lease of your home
- Children's details and current parenting schedule
Common questions about filing.
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