Divorce in California: How It Works, Step by Step (2026 Guide)

California calls divorce dissolution of marriage, and it is a no-fault state: you don't have to prove anyone did anything wrong, and your spouse can't stop the divorce by refusing to agree. The process is the same across the state's 58 counties, built on the Family Code and a set of statewide court forms. It takes at least six months, and it ends when a judge signs a judgment.

This guide walks through the whole process. Each topic links to a deeper page, and every legal statement cites the statute, rule or official source behind it.

California divorce at a glance

Who can file for divorce in California

At least one spouse has to meet the residency requirement. Family Code § 2320(a):

(a) Except as provided in subdivision (b), a judgment of dissolution of marriage may not be entered unless one of the parties to the marriage has been a resident of this state for six months and of the county in which the proceeding is filed for three months next preceding the filing of the petition.

Only one of you needs to qualify, and the other spouse can live anywhere. You file in the county where the qualifying spouse lives.

Not there yet? You can file for legal separation, which has no minimum period of residence, and then amend your petition to ask for a divorce once you qualify (§ 2321(a)). The amended filing date counts as the start of the divorce for residency purposes.

Same-sex couples married in California who now live somewhere that won't dissolve their marriage can file in the California county where they married, even if neither lives in California (§ 2320(b)).

A court's power over property and support can also depend on whether it has personal jurisdiction over the other spouse. That is a question worth raising with a lawyer if your spouse has never lived in California.

Grounds: California is a no-fault state

Family Code § 2310 allows only two grounds:

(a) Irreconcilable differences, which have caused the irremediable breakdown of the marriage. (b) Permanent legal incapacity to make decisions.

Nearly every case uses the first. There is no required period of living apart and no need to prove adultery, cruelty or anything else. In fact, under § 2335, "evidence of specific acts of misconduct is improper and inadmissible" in a divorce, except where another statute makes it relevant. Domestic violence is the main exception: it matters to custody and spousal support.

Your spouse doesn't have to agree. A spouse who ignores the case can have a judgment entered against them by default.

The three paths to a California divorce

Since January 1, 2026, California has three ways to start:

1. Standard petition. One spouse files a Petition (FL-100) and has the other served. It works in every case, including those where the spouses disagree or one won't participate.
2. Joint petition. Both spouses file together on form FL-700 if they intend to resolve every issue by agreement. There is no service, and the six months start on filing. The fee is $870 for both.
3. Summary dissolution. A simpler joint procedure for short marriages (five years or less at separation) with no children, no real estate and limited property and debt. The fee is $435 for both.

Our uncontested divorce guide compares them in detail and includes a checker to help you choose.

Step by step: the standard process

1. File the petition

The spouse who starts the case (the petitioner) fills out the Petition (FL-100) and Summons (FL-110), plus the UCCJEA declaration (FL-105) if you have minor children, and files them with the superior court. The fee is $435 in most counties, or ask for a fee waiver with form FW-001. See the full list on our forms page and every fee on our cost page.

2. The automatic restraining orders take effect

The divorce summons itself contains court orders that bind both spouses. Under Family Code § 233(a), they take effect "Upon filing the petition and issuance of the summons and upon personal service of the petition and summons on the respondent," and they last until judgment. Under § 2040(a), they restrain both spouses from:

• removing the children from California, or applying for a new or replacement passport for them, without the other's written consent or a court order;
• transferring, borrowing against, hiding or disposing of any property, except in the usual course of business or for the necessities of life (with at least five business days' notice of any extraordinary expense);
• cashing, borrowing against, canceling or changing the beneficiaries of insurance held for the family; and
• creating or changing a nonprobate transfer, such as a payable-on-death account, in a way that affects who gets the property.

The orders do not stop you from using community or your own separate property to pay reasonable attorney's fees for the case, though you must account for it (§ 2040(a)(2)(B)). From January 1, 2027, AB 1297 adds a fourth insurance restraint: neither spouse may let covered insurance lapse for nonpayment or fail to renew it.

3. Serve your spouse

Someone 18 or older who is not a party must deliver the papers; you cannot do it yourself. The Family Code borrows the general civil methods (§ 2331(a)), which this site reproduces in full:

• personal delivery (CCP § 415.10);
• substituted service at home or work, followed by mailing (§ 415.20);
• mail with a Notice and Acknowledgment of Receipt, form FL-117, which works only if your spouse signs and returns it (§ 415.30);
• first-class mail requiring a return receipt, to a spouse outside California (§ 415.40); and
• publication in a newspaper, only with a court order after diligent efforts to find your spouse (§ 415.50).

The server completes a Proof of Service of Summons (FL-115), which you file. From January 1, 2027, AB 747 tightens substituted service, defining the required effort at personal delivery as attempts on at least three occasions, on three different days, at three different times.

4. The response, or a default

Your spouse (the respondent) has 30 days after service to file a Response (FL-120) and pay the $435 fee. If they don't, you can ask the court to enter their default with form FL-165 (rule 5.401). The court still requires proof, usually by written declaration (§ 2336), and before any default judgment you must declare that your spouse is not in the military; the form calls this "Declaration of nonmilitary status (required for a judgment)," a protection that comes from the federal Servicemembers Civil Relief Act.

A spouse who missed the deadline through mistake or neglect can ask to set the default aside under the general civil rule, Code of Civil Procedure § 473, which has short time limits.

5. Exchange financial disclosures

Both spouses must disclose, under penalty of perjury, everything they own, owe and earn. Family Code § 2104(f):

(f) The petitioner shall serve the other party with the preliminary declaration of disclosure either concurrently with the petition for dissolution or legal separation, or within 60 days of filing the petition.

The respondent does the same within 60 days of filing the response. The package is the Declaration of Disclosure (FL-140), a Schedule of Assets and Debts (FL-142) and an Income and Expense Declaration (FL-150). It is served on your spouse and not filed; you file only proof of service (FL-141) (§ 2104(b)). A final declaration follows before settlement or trial, unless both spouses waive it in writing (§ 2105).

This step is not optional. A court may not enter a judgment dividing property without it (§ 2106), and a spouse who hides assets can face sanctions, lose the asset, or see the judgment set aside later (§§ 1101, 2107, 2122).

6. Temporary orders, if needed

While the case is pending, either spouse can ask for temporary child custody and visitation, child and spousal support, use of the home or car, and attorney's fees, with a Request for Order (FL-300), under Cal. Rules of Court, rule 5.92. Emergency orders use the ex parte procedure in rule 5.151. The fee is $60, plus $25 when custody or visitation is being modified or enforced. See our pages on child custody, child support and spousal support.

7. Custody mediation

If custody or visitation is contested, the court must send the parents to mediation with Family Court Services before deciding (§ 3170). The statewide standards for court mediation are in rule 5.210.

8. Settlement or trial

Most cases settle. The spouses sign a marital settlement agreement that becomes part of the judgment. If they can't agree, a judge decides the remaining issues at trial. The Civil Discovery Act, which this site carries in full starting at CCP § 2016.010, is available to gather evidence, because general civil law applies to family cases unless the family rules say otherwise (Cal. Rules of Court, rule 5.2(d)).

9. The judgment, and when the marriage ends

The case ends with a Judgment (FL-180) and a Notice of Entry of Judgment (FL-190). In default and uncontested cases, courts "must not require that a hearing be conducted in all such cases" (rule 5.409), and they may use judgment checklists (rule 5.405). The judgment states the date the marriage ends, which can be no earlier than six months after service or appearance (§ 2339). Until the judge signs it, you are still married, however long the case has been open. See how long a California divorce takes for the calculator and the January 1, 2027 change that will let judges shorten or waive the six months once every issue is settled.

Money and children: how California decides

Property. California is a community property state. Everything acquired during the marriage is presumed to belong to both spouses equally and is divided equally (§ 2550). Property owned before the marriage, and gifts and inheritances, stay separate. See dividing property and debts.

Spousal support. Temporary support is often set by a local formula. Support in the judgment is decided under the 14 factors in § 4320, with a "10-year rule" that keeps the court's jurisdiction open in longer marriages. See spousal support.

Child support. A statewide formula (§ 4055) uses both parents' incomes and their time with the children. See child support.

Custody. Decided by the child's best interest, with no preference for either parent and no 50/50 presumption. Mediation is required when custody is contested. See child custody.

Taxes. For divorce or separation instruments executed on or after January 1, 2026, spousal support is neither deductible nor taxable on California returns, matching federal law.

Legal separation and annulment

Legal separation resolves property, support and custody without ending the marriage. It has no six-month wait and no minimum period of residence, which is why people use it while waiting to qualify for divorce. One limit: under § 2345, the court "may not render a judgment of the legal separation of the parties without the consent of both parties unless one party has not made a general appearance." If your spouse appears and objects, you may need to convert the case to a divorce.

Annulment (nullity) declares that a marriage was never valid. Incestuous and most bigamous marriages are void (§§ 2200, 2201). A marriage is voidable under § 2210 when, at the time of the marriage, a spouse was underage, an earlier spouse was still living, a spouse was of unsound mind, consent was obtained by fraud or by force, or a spouse was physically incapable of marriage and the incapacity continues. Each ground has its own time limit (§ 2211); from January 1, 2027, AB 1134 lets a court allow a late petition for good cause when consent was obtained by force.

After the divorce

Changing support or custody. Support and custody orders can be modified when circumstances change. File promptly: support changes generally reach back only to the filing date.

Setting aside the judgment. Family Code § 2122 sets the grounds and deadlines:

Appeal. A notice of appeal is due 60 days after the clerk or a party serves notice of entry of judgment, and never more than 180 days after entry (Cal. Rules of Court, rule 8.104(a)). No court may extend that deadline.

Restoring a former name. A divorce or annulment judgment can restore your former name, and you can ask even after the judgment; the court "shall restore" it on request (§ 2080). See divorce records for certified copies.

Omitted assets. An asset or debt the judgment never divided can still be divided later (§ 2556).

What's new: California divorce law, 2024–2027

Summary dissolution's dollar limits are also due for their regular inflation adjustment on January 1, 2027 (§ 2400(b)). Several other family law bills were still awaiting the Governor's decision when this page was reviewed; we will update it as they are signed or vetoed.

Common myths about divorce in California

• Myth: We have to be separated for six months before filing. No. There is no separation requirement; the six months run after service.
• Myth: The divorce is automatic after six months. No. You are divorced only when a judge signs a judgment.
• Myth: My spouse can refuse to give me a divorce. No. A spouse who doesn't respond can be defaulted.
• Myth: Everything gets split 50/50. Only community property. Separate property isn't divided, and there is no 50/50 custody rule.
• Myth: A 10-year marriage means lifetime alimony. No. It means the court keeps jurisdiction over support, which is different.
• Myth: The wife always gets alimony. No. Support is gender-neutral and depends on the § 4320 factors.
• Myth: California has common-law marriage. No. Couples who never married don't divorce; their property disputes are handled differently.
• Myth: We agree, so we can skip the financial disclosures. No. Preliminary disclosures are required even in agreed cases.

Frequently asked questions

How long do you have to live in California to get a divorce?

One spouse must have lived in California for six months and in the filing county for three months immediately before filing. If you haven't yet, you can file for legal separation and amend to divorce once you qualify.

How long does a divorce take in California?

At least six months and one day from the date your spouse is served or appears, or from the date you file a joint petition. From January 1, 2027, a judge can shorten or waive the wait for good cause once all issues are resolved.

How much does a divorce cost in California?

The filing fee is $435 in most counties ($450 in Riverside and San Francisco), and the same for your spouse's response. A joint petition is $870 for both; a summary dissolution is $435 for both. Fee waivers are available.

Can I get a divorce in California if my spouse doesn't want one?

Yes. California is a no-fault state. If your spouse is served and doesn't respond within 30 days, you can ask for a default and a judgment.

Can I file for divorce without a lawyer in California?

Yes. The Judicial Council forms are designed so people can use them without a lawyer, every superior court has a family law facilitator (Family Code § 10002), and courts run self-help centers.

Is California a 50/50 divorce state?

For community property, yes: it is divided equally unless the spouses agree otherwise. For custody, no: there is no presumption of equal time.

What is the new joint petition for divorce in California?

Since January 1, 2026, spouses who intend to resolve every issue by agreement can start the case together with form FL-700. It costs $870, requires no service, and starts the six-month clock on the filing date.

Does adultery matter in a California divorce?

Not to the divorce itself or to property division. California is no-fault, and evidence of misconduct is generally inadmissible. Domestic violence, however, can affect custody and spousal support.

Where these sections live

• Family Code § 2040 — Automatic restraining orders
• Family Code § 2104 — Preliminary declaration of disclosure
• Family Code § 2122 — Setting aside a judgment
• Family Code § 2310 — Grounds
• Family Code § 2320 — Residency
• Family Code § 2339 — Six-month waiting period
• Family Code § 2345 — Legal separation requires consent
• Cal. Rules of Court, Title 5 — Family rules
• Cal. Rules of Court, rule 5.92 — Request for Order
• Code of Civil Procedure § 415.10 — Personal service
• Code of Civil Procedure § 473 — Relief from default
• Cal. Rules of Court, rule 8.104 — Time to appeal