Filing for divorce in California
What you file, where you file, what it costs, and the rules that catch people out. Compiled from California court and statute sources.
This is general legal information compiled from state court websites, state statutes, and official self-help materials. It is not legal advice, and reading it does not create an attorney-client relationship with anyone.
Why we publish it. Most people meet the family law system once, at the worst moment of their life, knowing nothing about it. That gap is where people get overcharged and poorly served. This page exists so you can walk in already knowing roughly how your state works, ask sharper questions, and recognize when an answer does not sound right. It is here to help you hold your attorney to a standard, not to replace what they do.
Talk to a lawyer licensed in your state. That is the normal path, not a fallback for when something goes wrong. Nothing here can account for the facts of your marriage, your finances, or your children, and those facts are usually what determines the outcome. Many states also have free legal aid and court self-help centers, and we link to them by state.
Verify before you rely on anything. Every entry cites its source. Follow that citation to the official state site and confirm it still says what we say it says, and that it applies to your situation. Filing fees, form numbers, e-filing rules, and local standing orders change frequently, and a form number that was right last year can get your filing rejected today.
The same state can treat you very differently depending on whether your spouse agrees, whether you have minor children, whether you file jointly or alone, and which county or judge hears it. Waiting periods run from filing in some states and from service in others. Deadlines described here as fixed are the statutory default, and a judge may still have narrow discretion in an emergency.
If you are in danger, do not wait on any of these timelines. An order of protection is a separate and much faster process than a divorce, and it does not depend on any waiting period described on this page.
Your roadmap
Court forms
California divorce uses Judicial Council forms filed in the Superior Court. Almost every case starts with the Petition (FL-100) and the Summons (FL-110). You must meet the residency rule before filing.
State rules and gotchas
There is a mandatory 6-month waiting period, even if you both agree Verified Jul 2026
The earliest a California divorce can be final is 6 months and 1 day after the responding spouse is served or first appears in the case. This applies to every divorce, even a fully agreed one. You can settle everything sooner, but the court cannot end the marriage before that date.
Filing freezes both spouses' finances (the ATROS) Verified Jul 2026
The FL-110 Summons carries standard family law restraining orders, the ATROS, that take effect the moment the case is served. Until the case ends, neither spouse may transfer or hide property, change insurance beneficiaries, or take the children out of California without written consent or a court order. Violating them can bring contempt and an unequal property split against the violator.
You must meet a 6-month state and 3-month county residency rule Verified Jul 2026
At least one spouse must have lived in California for 6 months and in the filing county for 3 months before you can file for divorce. If you do not qualify yet, you can file for legal separation (no residency requirement) and later amend to a divorce.
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