How to File for Divorce in California

Legal guidance from experienced Los Angeles divorce lawyers at The Sands Law Group, APLC

Divorce in California is more than just paperwork, it’s a legal process with specific requirements, timelines, and consequences that can directly impact your future, finances, and children. Unfortunately, the California court system isn’t always easy to navigate, especially when emotions are high and government self-help resources are filled with legal jargon.

At The Sands Law Group, APLC, our experienced Los Angeles divorce attorneys simplify the process by offering step-by-step guidance rooted in California law. Whether your divorce is contested or uncontested, this comprehensive guide explains everything you need to know about how to file for divorce in California, from meeting residency requirements to finalizing your judgment, so you can move forward with clarity and confidence.

Before you can file for divorce in California, you must meet the state’s residency requirements. These rules determine whether the court has jurisdiction to hear your case, and failing to meet them can delay or even invalidate your divorce filing.

Who can file for divorce in California?

To file for divorce in California, one of the following must be true:

• You or your spouse have lived in California for at least six months, and
• You or your spouse have lived in the county where you plan to file for at least three months

If you don’t meet these requirements yet, you can still file for a legal separation to begin resolving custody, financial, or property matters. Once you satisfy the residency rules, you can amend the legal separation into a divorce case without starting over.

At The Sands Law Group, we often help clients assess their eligibility and determine the best path forward, especially when time-sensitive issues are involved.

1. Fill Out the Right Divorce Forms

Starting your divorce means preparing a series of forms that tell the court what you’re asking for and why. The most important forms include:

• Petition – Marriage (FL-100): This outlines your requests regarding property, custody, support, etc.
• Summons (FL-110): This informs your spouse of the case and temporarily prevents either of you from taking certain actions (like selling property).
• UCCJEA (FL-105): If you have children, this form confirms where they’ve lived for the past five years.
• Property Declaration (FL-160): Optional at this stage, but helpful to list assets and debts in detail.

Completing these forms correctly is crucial. Errors or omissions can cause delays or jeopardize your interests. Our attorneys can assist with filling out and reviewing all required paperwork.

2. File the Forms With the Court

After your forms are completed, you must file them with the family court in your county, typically the Superior Court of Los Angeles if you reside locally.

You’ll need to:

• Bring your completed forms to the clerk’s office
• Pay the filing fee (generally $435 – $450), or submit a fee waiver request (FW-001) if you cannot afford it

The clerk will stamp your documents, assign a case number, and return copies to you for service. Filing marks the official beginning of your divorce case.

3. Serve the Divorce Papers

Serving your spouse means delivering copies of your filed paperwork so they are officially notified. Under California law, you cannot serve the papers yourself. Instead, use a:

• Process server
• Sheriff’s deputy
• Friend or relative over 18 (not involved in the case)

You must serve:

• The filed Petition and Summons
• A blank Response (FL-120)
• The UCCJEA, if applicable

Once served, the server must complete a Proof of Service of Summons (FL-115) and file it with the court. This ensures the process is legally valid.

4. Wait for a Response from Your Spouse

Your spouse has 30 days from the date of service to respond. Their response can affect the rest of the process:

• No response: You may request a default judgment, moving forward without them.
• Agreement on terms: The divorce may proceed as uncontested, saving time and expense.
• Disagreement on issues: The divorce becomes contested, and negotiations or court hearings may follow.

Understanding your spouse’s stance early helps you plan your next steps, whether that involves mediation or preparing for litigation.

5. Exchange Financial Disclosures

California law requires both parties to exchange full and honest financial disclosures. This includes:

• Income and Expense Declaration (FL-150)
• Schedule of Assets and Debts (FL-142) or Property Declaration (FL-160)

These forms ensure a fair division of property and appropriate calculation of child or spousal support. The information must be thorough and accurate, as failure to disclose assets can result in legal penalties or unfavorable court orders.

6. Reach a Settlement or Go to Court

Once disclosures are complete, you and your spouse can:

• Negotiate a settlement, resolving property division, custody, and support privately or with legal help
• Use mediation, often required in cases involving minor children
• Litigate in court, if you cannot agree on key terms

A written Marital Settlement Agreement formalizes the terms if you reach an agreement. If you go to court, the judge will make final decisions based on evidence presented.

7. Submit Final Divorce Judgment

To complete your divorce, submit:

• Judgment (FL-180) with any attached custody, support, or property forms
• Notice of Entry of Judgment (FL-190)

The judge will review and sign your judgment, making it official. However, your divorce cannot be finalized until six months after your spouse was served—this is California’s mandatory waiting period.

If everything is in order, you’ll receive a stamped copy confirming your marital status is legally terminated.

Filing for divorce in California may seem straightforward, but the legal and emotional complexity of ending a marriage often requires more than filling out paperwork. Whether you’re facing a high-conflict divorce or an amicable split, hiring an experienced Los Angeles divorce lawyer can make all the difference in securing the outcome you deserve.

Here’s why working with The Sands Law Group, APLC is a smart choice:

A divorce attorney doesn’t just “file your forms.” They act as your legal advocate, protecting your rights at every stage of the divorce process. California family law involves strict procedural rules, court deadlines, and detailed disclosures. A mistake or omission can delay your case, cost you money, or impact your parental rights.

Our attorneys understand how Los Angeles County courts operate and can navigate complex legal issues that arise with:

• Child custody disputes: We advocate for parenting plans that reflect your goals and your children’s best interests.
• Property and asset division: California’s community property laws can be confusing. We ensure your marital assets, debts, retirement accounts, and real estate are fairly addressed.
• Spousal support (alimony): Whether you’re seeking support or being asked to pay it, we help ensure the calculation is fair and based on your circumstances.
• Business ownership or high-value assets: We partner with financial experts to handle complex valuations and preserve what’s yours.

You also gain peace of mind knowing someone is managing the legal burdens so you can focus on your family and your future. In contested cases, having skilled representation can mean the difference between an uncertain judgment and a well-negotiated agreement.

At The Sands Law Group, we don’t just process your case, we partner with you to build a better outcome.

At The Sands Law Group, APLC, we understand that divorce isn’t just a legal process, it’s a life transition. You deserve a legal team that not only understands California family law but genuinely cares about your goals and your future.

Whether your case involves child custody, property division, spousal support, or all of the above, our Los Angeles divorce lawyers are here to guide you through every step with clarity, strategy, and compassion.

Contact us online or call 213-788-4412 today for a free case evaluation about your case with a compassionate and experienced divorce attorney. Let us help you move forward with confidence, on your terms.

Where Do You File for Divorce in Los Angeles County?

If you’re filing for divorce in Los Angeles County, your case must be submitted to the correct courthouse based on your residential zip code. The Los Angeles Superior Court provides an online Filing Court Locator tool to help determine the appropriate courthouse for your filing. By entering your zip code, the tool will identify the designated courthouse handling family law matters for your area.

Common courthouses handling divorce cases in Los Angeles County include:

• Stanley Mosk Courthouse (Downtown Los Angeles)
• Van Nuys Courthouse
• Pasadena Courthouse
• Pomona Courthouse
• Long Beach (Governor George Deukmejian Courthouse)
• Torrance Courthouse
• Compton Courthouse
• Chatsworth Courthouse
• Whittier Courthouse
• Michael D. Antonovich Antelope Valley Courthouse

It’s important to file your divorce petition at the correct courthouse to avoid delays or rejections. Ensure you have all the necessary forms and information before filing. For assistance, consider consulting with a family law attorney or visiting the court’s self-help center.

How Long Does a Divorce Take in California?

In California, the minimum time to finalize a divorce is six months and one day from the date the divorce petition is served to the respondent. This period, mandated by California Family Code Section 2339(a), serves as a “cooling-off” period, allowing couples time to reconsider their decision or work out settlement details.

However, the actual duration of a divorce can extend beyond this minimum period. Factors that may prolong the process include disputes over child custody, property division, spousal support, or delays in court proceedings. On average, an uncontested divorce in California may take around 6–12 months, while a contested divorce could extend from 1 to 2 years or longer, depending on the complexity of the case.

It’s important to note that the six-month waiting period begins only after the respondent has been properly served with the divorce papers. Therefore, timely service and prompt resolution of all issues can help expedite the divorce process.

Can You File for Divorce in California Without Your Spouse’s Signature?

Yes, you can file for divorce in California without your spouse’s signature or agreement. California is a no-fault divorce state, which means only one spouse needs to initiate the process. Once you file a Petition for Dissolution of Marriage with the court, your spouse must be legally served with the divorce papers. If they fail to respond within 30 days, you can request a default judgment—allowing the court to finalize the divorce without their participation.

This process is common when one spouse is uncooperative, unreachable, or unwilling to sign any paperwork. As long as proper service is completed and court procedures are followed, your divorce can move forward. In Los Angeles County, this process must be filed through the appropriate courthouse based on your residence.

How do I Finalize a Divorce in California?

To finalize a divorce in California, several steps must be completed—even if the case is uncontested. First, the court requires that at least six months have passed since the respondent was served with divorce papers. This waiting period is mandatory under California law and applies even if both parties agree on all terms.

Once the waiting period has passed and all required forms are filed—such as financial disclosures, a judgment package, and any settlement agreements—the court will review your case. If everything is in order, the judge will sign and file a Judgment of Dissolution of Marriage, which legally ends the marriage. You will also receive a Notice of Entry of Judgment, confirming that your divorce is final.

In Los Angeles County, finalizing a divorce may also involve attending a brief court hearing, depending on the complexity of your case and whether children or contested issues are involved.

Should I File for Divorce or Consider Mediation First?

Before filing for divorce in California, especially in Los Angeles County, it’s often wise to consider divorce mediation—particularly if you and your spouse are open to communication. Mediation is a confidential, cooperative process where a neutral third party (the mediator) helps spouses negotiate key issues like child custody, property division, and spousal support without going to court.

Choosing mediation before filing can save time, reduce legal fees, and minimize emotional conflict—especially when children are involved. In many cases, a full agreement reached in mediation can later be submitted to the court for approval, converting the process into an uncontested divorce, which is typically faster and less expensive than litigation.

However, mediation isn’t ideal for every situation. If there’s a history of domestic violence, a significant power imbalance, or if one spouse refuses to cooperate, filing for divorce directly with legal representation may be the better option.