Which California divorce forms do you need? Most cases start with three Judicial Council forms: the Petition (FL-100), the Summons (FL-110), and, if you have children under 18 together, the Declaration Under the Uniform Child Custody Jurisdiction and Enforcement Act (FL-105/GC-120). You file them with the superior court in your county, pay a $435 filing fee in most counties, and then have an adult who is not a party to the case serve your spouse, who generally has 30 days to respond.

The order in which you file and serve these papers matters, and a missing form or improper service can delay your case by months. This guide from Wade Litigation explains each form, how to file for divorce in California, current filing fees, the new joint petition options, and how to serve your spouse correctly. For a broader look at the whole case, visit our California divorce page or read our overview of the California divorce process.

Key Takeaways

• A standard California divorce starts with a Petition (FL-100) and a Summons (FL-110). Parents of minor children also file a UCCJEA declaration (FL-105/GC-120).
• The filing fee is $435 in most counties and $450 in Riverside and San Francisco. A fee waiver (FW-001) is available.
• You cannot serve the papers yourself. An adult who is not a party must serve them and complete a Proof of Service of Summons (FL-115).
• The responding spouse generally has 30 days after service to file a Response (FL-120) or risk a default.
• Both spouses must exchange financial disclosures, including a Declaration of Disclosure (FL-140) and an Income and Expense Declaration (FL-150).
• Since January 1, 2026, spouses who expect to agree on everything can file a joint petition (FL-700) together.
• In a standard case, the divorce cannot be final until at least six months after service or the respondent’s first appearance, whichever comes first.

How to File for Divorce in California: Step by Step

Every county follows the same basic sequence, even though local procedures differ.

1. Confirm residency. One spouse must have lived in California for six months and in the filing county for three months.
2. Complete your starting forms. Fill out the FL-100, FL-110, and, if needed, the FL-105/GC-120 and local forms.
3. File with the court. Submit the forms and pay the fee or request a waiver.
4. Serve your spouse. Have an eligible adult deliver the filed papers and a blank Response.
5. File the proof of service. The server completes the FL-11 and files it with the court.
6. Exchange financial disclosures. Each spouse serves a preliminary declaration of disclosure.
7. Resolve the issues. Settle, proceed by default, or litigate.
8. Submit the judgment. File the judgment package for the court to sign.

Which California Divorce Forms Do You Need to Start a Case?

The Judicial Council of California publishes mandatory statewide family law forms, so the core California divorce forms are the same in every county. Always use the current version from the court’s website.

Petition, Marriage/Domestic Partnership (FL-100)

The FL-100 tells the court you are asking to end your marriage or registered domestic partnership. The same form applies to legal separation or nullity, so check the box that matches what you want. If you are still deciding between the two, our article on legal separation vs. divorce in California explains the key differences.

The petition also states the legal grounds, usually irreconcilable differences, and lists the orders you request, such as custody, child support, spousal support, attorney fees, and the division of property and debts. Leaving a request blank can limit the relief available later, especially in a default case.

Summons (Family Law) (FL-110)

The summons notifies your spouse that you filed a case and explains the 30-day deadline to respond. It also includes standard family law restraining orders that bind the petitioner to file and the respondent to serve. Without written consent or a court order, neither spouse may remove the minor children from California or apply for a new passport for them, change insurance beneficiaries, or transfer or conceal property outside the usual course of business or the necessities of life.

Declaration Under the UCCJEA (FL-105/GC-120)

If you have children under 18 together, this declaration tells the court where they have lived in the past five years and whether other custody cases exist, confirming that California has authority to make custody orders. Our California child custody guide explains how judges decide custody once the case is open.

Attachments and Local Forms

You may attach a Property Declaration (FL-160) or a proposed custody and visitation schedule. Some counties also require local cover sheets, so check your court’s website before filing.

Where and How Do You File Your Divorce Papers?

File in the superior court in the county where you or your spouse lives, as long as you meet the residency requirement in Family Code Section 2320. If you recently moved and don’t yet meet it, you can file for legal separation and later amend the petition to request a divorce once the residency period has passed.

Most courts accept filings at the clerk’s window, by mail, or through approved e-filing providers. The clerk stamps the forms, assigns a case number,r and returns copies for service.

Differences in Filing by County

The forms are statewide, but county procedures vary. Some courts require attorneys to e-file while others rely mainly on paper. Many require their own cover sheets or judgment checklists. Fees are $450, not $435, in Riverside and San Francisco because of local surcharges, and high-volume courts take longer to review judgments.

Our article on how to file for divorce in Santa Clara County shows how one county handles these details, and the California Courts self-help center provides statewide guidance.

How Much Is the California Divorce Filing Fee?

The California divorce filing fee is set by statute and published each year in the Judicial Council’s statewide civil fee schedule. Under the schedule effective January 1, 2026, the main family law fees are:

• Petition for dissolution, legal separation or nullity: $435 ($450 in Riverside and San Francisco)
• Response: $435 ($450 in Riverside and San Francisco)
• Joint petition for dissolution or legal separation: $870
• Joint petition for summary dissolution: $435
• Most later motions, including a Request for Order (FL-300): $60, unless it is the party’s first paper

Process server fees and publication costs are extra. Confirm current amounts with your court before filing.

Fee Waivers (FW-001)

If you cannot afford the fee, file a Request to Waive Court Fees (FW-001) with your first papers. Courts generally grant waivers if you receive public benefits such as CalFresh or SSI, have a low household income, or cannot pay the fees while still meeting basic needs.

Can Spouses File for Divorce Together in California?

Yes. Starting January 1, 2026, spouses who intend to agree on all final terms can file a single Joint Petition (FL-700) with a Summons, Joint Petition (FL-710). The California Courts joint petition page explains the process. Key points:

• The filing fee is $870, and either spouse can request a fee waiver.
• For a divorce, the six-month waiting period runs from the date the joint petition is filed.
• Both spouses must still exchange full financial disclosures, generally within 60 days of filing.
• Either spouse can revoke the joint process before judgment with a Notice of Revocation of Joint Petition (FL-720). Requesting temporary orders also ends it, and the case continues as a regular divorce.

The joint petition may not fit cases involving domestic violence. Couples married five years or less, with no children together and limited property, may instead qualify for a summary dissolution using a Joint Petition for Summary Dissolution (FL-800).

How Do You Serve Divorce Papers in California?

Serving divorce papers in California means formally delivering the filed documents in a legally recognized way. You cannot serve them yourself. The server must be at least 18 and not a party, such as a friend, relative, process server, or sheriff. Your spouse must receive copies of every form you filed (except fee waiver forms) and a blank Response (FL-120).

Personal Service

The server hands the papers directly to your spouse. This is the most common and reliable method, and our attorneys generally recommend it because it creates a clear record and a firm date of service. If your spouse refuses to take the papers, the server can identify the documents and leave them in your spouse’s presence.

Service by Mail With Notice and Acknowledgment of Receipt (FL-117)

If your spouse is cooperative, the server can mail the papers with a Notice and Acknowledgment of Receipt (FL-117) and a return envelope. Service is complete on the date your spouse signs the FL-117, not the mailing date. If it never comes back, you must use another method.

Substituted Service

After several unsuccessful attempts at personal service, you may leave the papers with a competent adult at your spouse’s home or with a person in charge at their workplace, then mail a copy to the same address. Service is generally complete 10 days after mailing. The server should keep a log of each earlier attempt, including dates and times, because the court may ask whether reasonable diligence was used before substituted service.

Serving a Spouse Who Lives Outside California

You can personally serve a spouse in another state, or serve them by certified mail with a signed return receipt. International service may involve the Hague Service Convention and can add months, so plan for it at the start of the case. Service on active-duty military members triggers additional federal protections that can affect defaults.

Service by Publication or Posting Requires a Court Order

If you cannot locate your spouse, you must get court permission before serving by publication or posting. Under California Rules of Court, rule 5.72, you file an Application for Order for Publication or Posting (FL-980) and a proposed order (FL-982) describing your diligent search. Publication runs once a week for four consecutive weeks, and posting is available only to parties who qualify for a fee waiver.

Filing the Proof of Service (FL-115)

After service, the server signs a Proof of Service of Summons (FL-115), with any signed FL-117 attached, and you file it. Without it, the court cannot enter default, and the record won’t show when the six-month waiting period began.

What Happens After Your Spouse Is Served?

Your spouse generally has 30 days after service to file a Response (FL-120), pay the response fee, or request a waiver. From there, the case usually moves in one of three directions:

• The spouses reach an agreement. They sign a marital settlement agreement, often reached through mediation or a California collaborative divorce.
• The respondent does not respond. After 30 days, the petitioner can file a Request to Enter Default (FL-165). The court can grant only what the petition requests.
• The spouses disagree. The case proceeds as a contested divorce and may involve temporary orders, formal discovery, settlement conferences, and possibly trial.

Either spouse can file a Request for Order (FL-300) for temporary orders on custody, support, attorney fees,s or use of the family home. If your safety is at risk, our California restraining order attorneys can help you seek protection right away.

Which Financial Disclosure Forms Are Required?

California requires both spouses to exchange complete financial disclosures, whether the case is cooperative, contested, or proceeding by default. Under Family Code Section 2104, each spouse serves a preliminary declaration of disclosure, generally within 60 days of filing the petition or response. The package usually includes:

• A Declaration of Disclosure (FL-140)
• A Schedule of Assets and Debts (FL-142) or a Property Declaration (FL-160)
• An Income and Expense Declaration (FL-150)
• Copies of all tax returns filed in the two years before the disclosure is served

Each spouse then files a Declaration Regarding Service of Declaration of Disclosure and Income and Expense Declaration (FL-141). The disclosures themselves are exchanged, not filed. A final disclosure is also required unless both spouses waive it, usually with a Stipulation and Waiver of Final Declaration of Disclosure (FL-144). A spouse can set aside a judgment if they conceal assets. Our article on divorce discovery in California explains how attorneys verify financial information, and our guide to dividing property in a California divorce explains how the court divides the disclosed assets.

Which Forms Finalize a California Divorce?

When the issues are resolved, the judgment package typically includes:

• A Declaration for Default or Uncontested Dissolution or Legal Separation (FL-170)
• A Judgment (FL-180), with the marital settlement agreement or any custody, support, and property attachments
• A Notice of Entry of Judgment (FL-190), with stamped, addressed envelopes for each party

The court reviews the package and, if everything is in order, signs the judgment. Under Family Code Section 2339, a divorce cannot become final until six months have passed from the date of service or the respondent’s first appearance, whichever comes first, so the earliest date your marital status can end is six months and one day later. You are not divorced until the court enters a judgment, so an idle case stays open. Learn more in our article on how fast you can finalize a divorce in California.

How to Prepare Before You File

In our experience representing spouses in family courts across California, the smoothest cases start with organized paperwork. When our attorneys prepare a petition, we begin by collecting the documents below, because they feed directly into the petition requests and the financial disclosures that follow.

• Gather financial records. Collect two years of tax returns, pay stubs, and bank, retirement,t and loan statements.
• Identify separate property. Locate documents tracing assets owned before marriage or received by gift or inheritance.
• Know where your spouse can be served. A current home and work address speeds service.
• Decide what you are requesting. Make sure the petition covers custody, support, and property.

Common Filing and Service Mistakes Our Attorneys See

Wade Litigation regularly helps clients fix problems that started with the initial paperwork, including people who first tried to handle their case alone. Most of these problems are avoidable, and fixing them later usually costs more time than getting them right at the start.

• Serving the papers yourself. Handing your spouse the papers doesn’t count as valid service.
• Never filing the FL-115. Service without a filed proof of service stalls the case.
• Leaving petition requests blank. Omitting spousal support or separate property claims can limit the relief you can get by default.
• Relying on an unsigned FL-117. Mail service is not complete until your spouse signs it.
• Publishing without a court order. A newspaper notice the court did not approve is not service.
• Omitting the UCCJEA declaration. Custody cannot move forward until the FL-105/GC-120 is filed.
• Delaying financial disclosures. Late or incomplete disclosures hold up judgment and invite later challenges.
• Using outdated forms. Clerks may reject an old version of a Judicial Council form.
• Assuming the divorce is automatic. Six months is only the earliest date. A judgment must still be entered.

Frequently Asked Questions

What forms do I need to file for divorce in California?

A standard California divorce starts with the Petition (FL-100) and the Summons (FL-110), plus a UCCJEA declaration (FL-105/GC-120) if you have children under 18. Later, you will need financial disclosure forms such as the FL-140, FL-142, and FL-150.

How much does it cost to file for divorce in California?

The petition filing fee is $435 in most California counties and $450 in Riverside and San Francisco, and the response fee is the same. A joint petition costs $870. If you cannot afford the fee, file a Request to Waive Court Fees (FW-001).

Can I get divorced in California without going to court?

Many California divorces are completed without a trial or hearing. If both spouses agree, or the respondent defaults, you can usually submit the judgment on paper for a judge to sign.

What if my spouse refuses to accept the divorce papers?

Your spouse does not have to agree to be served. A server can complete personal service by identifying the documents and leaving them in your spouse’s presence. If your spouse avoids service, you may be able to use substituted service or court-ordered publication.

Can I file for divorce online in California?

Many California courts accept electronic filing through approved providers, but availability varies by county. Even when you e-file, yan eligible adultmust still serve your spouse

How long does it take to be officially divorced in California?

A California divorce cannot be final until six months and one day after service, the respondent’s first appearance, or the filing of a joint petition. Many cases take longer, and your marital status ends only on the date stated in an entered judgment.

Do I need a lawyer to prepare my divorce forms?

You don’t have to hire an attorney, and many people complete the forms with help from a court self-help center. Legal guidance is especially valuable when you have children, a home, retirement accounts, a business, or concerns that your spouse is hiding income or assets, because errors in the petition or disclosures can be difficult to fix later.

Get Help With Your California Divorce Forms

Completing your California divorce forms correctly and serving your spouse properly sets the foundation for everything that follows. Wade Litigation was founded by Amiel Wade, who was named one of California’s Top Ten Family Law Attorneys by the National Academy of Family Law Attorneys, and the firm serves families from offices across the state, including Los Angeles, Irvine, San Diego, San Francisco, Sacramento, Los Gatos, and Redondo Beach.

The divorce attorneys at Wade Litigation help clients throughout California prepare and file petitions, complete service, manage financial disclosures,s and finalize judgments, including cases involving child custody and child support. Learn more about our family law services, or contact Wade Litigation today to schedule a free case evaluation.