Steps and Timeline for Filing for Divorce in California

Filing for divorce in California can be a complex and emotional process, but understanding the steps and timeline can make it more manageable. California’s divorce laws are designed to ensure fairness and transparency while prioritizing the welfare of any children involved. This overview walks you through the key steps and timeline for filing for divorce in California.

Step 1: Meet Residency Requirements

Before filing for divorce in California, at least one spouse must meet the residency requirements:

  • They must have lived in California for at least six months.

  • They must have lived in the county where the divorce is filed for at least three months.

If these requirements are not met, you may need to wait or file for a legal separation first and later convert it to a divorce once residency criteria are fulfilled. Learn more about residency requirements on the California Courts Self-Help Center.

Step 2: File the Petition

The divorce process begins when one spouse, the petitioner, files a Petition for Dissolution of Marriage (Form FL-100) with the family court in their county. This form outlines:

  • Basic information about the marriage

  • Requests for child custody, spousal support, or division of property

The petitioner must also file a Summons (Form FL-110), which notifies the other spouse (the respondent) about the divorce. Access California divorce forms and guidance here.

Step 3: Serve the Divorce Papers

After filing, the petitioner must serve the divorce papers to the respondent. Service must be completed by someone over 18 who is not a party to the case, such as a professional process server. The respondent then has 30 days to file a response with the court.

Step 4: Disclose Financial Information

California law requires both spouses to exchange financial disclosures to ensure transparency during the divorce. This involves completing and sharing:

  • Schedule of Assets and Debts (Form FL-142)

  • Income and Expense Declaration (Form FL-150)

These disclosures help facilitate the division of property and determination of support obligations. For information on financial disclosures, Visit the California Courts Self-Help page on financial disclosures.

Step 5: Temporary Orders (If Necessary)

If immediate decisions are needed regarding child custody, spousal support, or property use, either spouse can request temporary court orders. 

Step 6: Negotiate a Settlement

In many cases, spouses work to reach an agreement on key issues such as:

  • Division of community property

  • Child custody and visitation

  • Spousal and child support

Negotiations can be handled through direct communication, mediation, or with the assistance of attorneys. 

Step 7: Prepare for Trial (If Needed)

If the spouses cannot reach an agreement, the case proceeds to trial. Each party presents evidence and arguments on contested issues, and the judge makes the final decisions. While trials can provide resolution, they are often time-consuming and costly.

Step 8: Wait for the Final Judgment

Once all issues are resolved and the waiting period has passed, the court issues a Judgment of Dissolution of Marriage, officially ending the marriage. If no agreement is reached, the judge’s decisions on unresolved matters will be included in the judgment.

How Long Does the Divorce Process Take?

The minimum timeline for a California divorce is six months due to the mandatory waiting period, but the actual length varies depending on the complexity of the case:

  • Uncontested Divorces: Cases where both parties agree on all terms can be completed shortly after the six-month waiting period.

  • Contested Divorces: Cases involving disputes over custody, support, or property division can take one to two years or more.

Tips for Navigating the Divorce Process

  • Stay Organized: Keep copies of all documents and correspondence related to your divorce.

  • Prioritize Children’s Needs: Focus on creating a stable environment and co-parenting plan that serves your children’s best interests.

  • Retain an Experienced Family Law Attorney: Consulting with a family law attorney can help you understand your rights and responsibilities.

    • At the Law Office of David Knecht, we have years of experience with family law. We will take the time to understand your needs, explain the process, and represent you zealously. Contact us today. (707) 541-4502.