How to File for Divorce in California: A Step-by-Step Guide for Legal Professionals

 

Filing for divorce in California involves a defined sequence of steps, each governed by specific forms, deadlines, and procedural requirements. Whether you are an attorney guiding a client through the process for the first time or a paralegal preparing the initial filing package, understanding the full arc of a California dissolution — from filing to final judgment — is essential to managing cases efficiently and avoiding procedural mistakes that delay resolution.

This article provides a general overview of the California divorce process for legal professionals. It is not intended as legal advice and does not address every procedural variation that may arise in a specific case.

Step 1: Confirm Eligibility and Residency Requirements

Before filing, confirm that the residency requirements for dissolution in California have been met. California requires:

• At least one spouse to have been a resident of California for a minimum of six months immediately before filing
• At least one spouse to have been a resident of the county where the case will be filed for a minimum of three months immediately before filing

If the residency requirements have not yet been met, the case cannot be filed in California until they are satisfied. In some situations, a legal separation may be filed first and later converted to a dissolution once residency requirements are met. Confirm the current residency status of both parties before selecting the filing county.

Step 2: Prepare the Opening Filing Package

The initial filing package in a California dissolution typically consists of the following forms:

• FL-100 — Petition for Dissolution of Marriage or Domestic Partnership. This is the foundational document that initiates the case. It identifies the parties, states the grounds for dissolution, and sets out what relief the petitioner is requesting.
• FL-105 — Declaration Under UCCJEA. Required in all cases involving minor children. It establishes each child's residential history and confirms California's jurisdiction over custody matters.
• FL-110 — Summons (Family Law). Issued by the court clerk at the time of filing and served on the respondent along with FL-100. The summons activates the Automatic Temporary Restraining Orders (ATROs) upon service.

Some counties also require additional local forms at the time of filing. Always confirm the specific court's filing requirements before submitting the opening package.

Step 3: File with the Superior Court

The opening filing package is filed with the Superior Court in the county where the residency requirements have been met. At the time of filing:

• Pay the filing fee or submit a fee waiver application (FW-001) if the petitioner qualifies for a waiver based on income
• The court clerk will assign a case number and issue the Summons (FL-110) with the court's stamp
• Obtain the issued summons from the clerk before leaving the courthouse — or confirm the e-filing process for return of the issued summons if filing electronically
• Keep a copy of all filed documents for the client file

Step 4: Serve the Respondent

After filing, the respondent must be formally served with the summons and petition. Key service requirements:

• The respondent must be served with FL-110 (Summons), FL-100 (Petition), FL-105 (if applicable), and any other documents filed with the petition
• Service must be completed by personal service — a person who is at least 18 years old and not a party to the case
• The petitioner cannot serve the respondent themselves
• After service is completed, the server completes FL-115 (Proof of Service of Summons) and files it with the court

The date of service on FL-115 starts the respondent's deadline clock and begins the six-month waiting period before marital status can be terminated. File FL-115 promptly after service is completed.

Step 5: The Respondent's Response

After being served, the respondent has a set period to file a response:

• 30 days from personal service for respondents served within California
• 60 days from service for respondents served outside California
• 90 days from service for respondents served outside the United States

The respondent files FL-120 (Response to Petition) to formally appear in the case and state their position. If the respondent does not file a response within the applicable deadline, the petitioner may request a default by filing FL-165 (Request to Enter Default).

Step 6: Financial Disclosures

California law requires both parties to exchange mandatory financial disclosures as part of the dissolution process. The Preliminary Declaration of Disclosure package must be served on the other party and includes:

• FL-140 — Preliminary Declaration of Disclosure (the cover document)
• FL-142 — Schedule of Assets and Debts
• FL-150 — Income and Expense Declaration
• Copies of the two most recent federal and state tax returns

The petitioner must serve their preliminary disclosure at or shortly after filing. The respondent must serve their preliminary disclosure within 60 days of filing their response. After service, each party files FL-141 (Declaration Regarding Service of Declaration of Disclosure) with the court to confirm compliance.

A Final Declaration of Disclosure is also required before judgment unless both parties waive it in writing using FL-144 (Stipulation and Waiver of Final Declaration of Disclosure).

Step 7: Temporary Orders (If Needed)

If either party needs interim orders for support, custody, or other relief while the case is pending, they may file FL-300 (Request for Order). Temporary orders are typically set at guideline amounts based on the financial information available at the time of the hearing and remain in effect until further order of the court or entry of final judgment.

In genuine emergency situations, FL-300(A) (Temporary Emergency Orders) may be filed to seek expedited relief on an ex parte basis before a regular hearing date can be set.

Step 8: Negotiation and Settlement

The majority of California dissolution cases resolve by agreement rather than trial. Once both parties have exchanged financial disclosures and temporary orders are in place if needed, the focus shifts to negotiating a settlement on all remaining issues — property division, support, and custody.

Settlements are typically documented in a written Marital Settlement Agreement (MSA) or Stipulated Judgment that sets out all agreed terms in detail. The settlement agreement is then incorporated into the final judgment. A well-drafted settlement agreement addresses every issue with enough specificity to be enforceable without further litigation.

Step 9: Prepare and Submit the Judgment Package

Once all issues are resolved — either by agreement or after trial — the judgment package is prepared and submitted to the court. In an uncontested case, the judgment package typically includes:

• FL-130 — Appearance, Stipulations, and Waivers (respondent's agreement to proceed to judgment)
• FL-141 — Declaration Regarding Service of Declaration of Disclosure
• FL-144 — Stipulation and Waiver of Final Declaration of Disclosure (if applicable)
• FL-170 — Declaration for Default or Uncontested Dissolution
• FL-180 — Judgment (the proposed final judgment setting out all orders)
• FL-341 — Child Custody and Visitation Order (if children are involved)
• FL-343 — Spousal, Partner, or Family Support Order (if support is ordered)

The judgment is reviewed and signed by a judge. In some counties this is done by submission without a hearing; in others a brief hearing may be required. Confirm local court procedures before submitting the judgment package.

Step 10: The Six-Month Waiting Period

California law imposes a mandatory six-month waiting period from the date of service of the summons before marital or domestic partnership status can be terminated. This means:

• The judgment may be submitted and signed by the judge before the six-month period has run
• Marital status cannot be terminated until the waiting period has elapsed
• If the judgment is entered before the six-month period expires, the termination date will be set to the date the waiting period ends

The six-month period is a minimum — many cases take significantly longer depending on complexity, court processing times, and the parties' ability to reach agreement.

Step 11: Notice of Entry of Judgment

After the judgment is entered by the court, FL-190 (Notice of Entry of Judgment) is issued. FL-190 confirms:

• The date the judgment was entered
• The date marital or domestic partnership status is terminated
• That all orders in the judgment are now in effect

FL-190 is the document clients should retain as official proof that the dissolution is final. It also starts the clock on the time period within which either party may appeal the judgment. Send a copy to the client promptly upon receipt and review the file for any remaining post-judgment obligations.

Key Forms in the California Divorce Process

The following CJC forms are used at various stages of a California dissolution:

• FL-100 — Petition
• FL-105 — UCCJEA Declaration
• FL-110 — Summons
• FL-115 — Proof of Service of Summons
• FL-120 — Response to Petition
• FL-130 — Appearance, Stipulations, and Waivers
• FL-140 — Preliminary Declaration of Disclosure
• FL-141 — Declaration Regarding Service of Declaration of Disclosure
• FL-142 — Schedule of Assets and Debts
• FL-144 — Stipulation and Waiver of Final Declaration of Disclosure
• FL-150 — Income and Expense Declaration
• FL-160 — Property Declaration
• FL-165 — Request to Enter Default
• FL-170 — Declaration for Default or Uncontested Dissolution
• FL-180 — Judgment
• FL-190 — Notice of Entry of Judgment
• FL-300 — Request for Order
• FL-341 — Child Custody and Visitation Order
• FL-343 — Spousal, Partner, or Family Support Order

How SuperDocs Can Help

SuperDocs is a California court form platform designed for attorneys and paralegals. No lengthy setup, no forms about forms — just open a CJC court form and start typing. Shared case details are available as you work, and information entered on one form can be reused across related forms in the same matter. Checkboxes, dates, assets, and other details are organized in a structured workflow to help reduce the risk of missing information.

For California divorce filings, party names, case numbers, and matter details entered once are available across FL-100, FL-105, FL-110, FL-115, FL-140, FL-142, FL-150, FL-180, and related forms throughout the case.

Spend less time on re-entry, more time on the case.

• Open any court form and start typing — no lengthy setup required
• Shared case details and contacts are available across related forms — enter data once and reuse it throughout the case
• Assets, dates, and case details tracked and reused across the entire case
• Review and edit any field before printing or downloading
• Save client profiles for use throughout the lifecycle of the case