California Divorce Guide
Everything you need to know about filing for divorce in California — residency requirements, costs, forms, timelines, and how to file without a lawyer. Updated for 2026.
California Divorce at a Glance
| Residency Requirement | 6 months in state, 3 months in county |
| Waiting Period | 180 days — California has a mandatory 6-month (180-day) waiting period from the date the respondent is served (Family Code Section 2339). Your divorce cannot be finalized before this period ends. This is among the longest mandatory waiting periods in the nation. The waiting period cannot be waived by agreement of the parties. |
| Filing Fee | $435(fee waiver available) |
| No-Fault Grounds | Irreconcilable Differences |
| Fault Grounds | Permanent Legal Incapacity |
| Property Division | Community Property |
| E-Filing | Available — E-filing is available in approximately 23 of California's 58 counties through approved providers, primarily Odyssey eFileCA (www.odysseyefileca.com). Where available, e-filing is mandatory for attorneys but optional for self-represented litigants. Check with your county Superior Court for availability and approved e-filing service providers. |
| Response Window | 30 days — Your spouse has 30 calendar days from the date of service to file a Response (Form FL-120). If served outside California but within the United States, the respondent has 30 days. If served outside the United States, the respondent has 60 days. |
Grounds for Divorce in California
Irreconcilable differences which have caused the irremediable breakdown of the marriage
No-Fault Grounds
- Irreconcilable Differences — The most common ground for divorce in California (Family Code Section 2310(a)). No need to prove fault or wrongdoing. The marriage has broken down due to irreconcilable differences that have caused the irremediable breakdown of the marriage. California is a pure no-fault state.
Fault-Based Grounds
- Permanent Legal Incapacity — Spouse is permanently unable to make decisions (Family Code Section 2310(b)). Requires proof by medical or psychiatric testimony that the spouse was at the time of the petition, and remains, incurably insane.
Start your California divorce online
Divorce.ai prepares your California forms in under an hour. No lawyer required.
How to File for Divorce in California
Meet Residency Requirements
You must have lived in California for at least 6 months before filing. You must have lived in California for at least 6 months and in your filing county for at least 3 months before filing for divorce. File in the Superior Court of the county where you meet the residency requirement.
Complete Your Forms
California requires 5 mandatory forms to initiate a divorce. See the full forms list.
File with the Court
File your petition and pay the $435 filing fee. E-filing is available in some counties.
Serve Your Spouse
Accepted service methods: personal, process server, sheriff, substituted, mail, publication. You cannot serve the papers yourself. The server must be 18 or older and not a party to the case. After service, the server must complete a Proof of Service (FL-115) which is filed with the court.
Wait for Response & Finalize
Your spouse has 30 days to respond. After the 180-day waiting period, the court can issue your final decree.
Special Rules in California
Summary Dissolution
A simplified divorce process available for short marriages with limited assets, no children, and mutual agreement (Family Code Sections 2400-2406). Both parties file jointly using Form FL-800. No formal service of process required. Either party may revoke during the 6-month waiting period.
Applies when: Marriage under 5 years, no children, no real property, community property under $57,000, separate property under $57,000 per party, debts under $7,000, both parties waive spousal support
Mandatory Financial Disclosure
Both parties must exchange Preliminary Declarations of Disclosure (FL-140, FL-142) within 60 days of filing (Family Code Sections 2104-2105). The Preliminary Declaration cannot be waived except in summary dissolution or true default. Failure to disclose can result in monetary sanctions, attorney's fees, and the court may set aside the judgment (FC 2107).
Automatic Temporary Restraining Orders (ATROs)
Upon filing and service, automatic orders prevent both parties from: removing minor children from the state without written consent or court order; transferring, encumbering, concealing, or disposing of any property (real or personal); changing beneficiaries of insurance policies; and creating new non-necessities debt (Family Code Section 2040).
Mandatory Custody Mediation
Under Family Code Section 3170, mediation is mandatory before any contested hearing on child custody or visitation. The court will not hear the custody matter until mediation has been attempted. Court-connected mediation services (Family Court Services) are provided at no cost.
Applies when: Contested child custody or visitation
Long-Duration Marriage Rule
For marriages of 10 years or longer ('long duration' per Family Code Section 4336), the court retains indefinite jurisdiction over spousal support and shall not set a termination date at the time support is ordered.
Applies when: Marriage lasted 10 or more years
Mandatory Requirements
Mediation Required
Mandatory for all contested child custody and visitation disputes under Family Code Section 3170. The court will not hear the custody matter until mediation has been attempted. Court-connected mediation services (Family Court Services) are provided at no cost. Private mediation is optional and at the parties' expense ($300-$800 per hour depending on the mediator).
Financial Disclosure
Both parties must exchange financial disclosures within 60 days of filing.
Skip the paperwork headache
Divorce.ai guides you through every California form and filing step. AI-powered, lawyer-reviewed.