California · Divorce laws · Updated Oct 2026
California divorce laws
Who can file for divorce in California, how long it takes, the official forms and fees, property, support and children, in plain English from official sources, with a free timeline estimator and checklist.
Where and how to file in California
- Who can file (residency)
- You or your spouse must have lived in California for the last 6 months and in the county where you file for the last 3 months. If you don't qualify yet, you can file for legal separation and change it to a divorce later. Some same-sex couples married in California can file here even if they live elsewhere.
- Waiting period
- Divorce takes at least 6 months. The earliest your marriage can end is 6 months after your spouse is served or responds (or after you file a joint petition). Legal separation has no waiting period.
- Court
- Superior Court (family law division) in your county
- Official forms
- Divorce forms (California courts)
- Court self-help
- Divorce self-help (California courts)
- Filing fee
- $435-$450 to file a divorce petition; $870 for a joint petition (both spouses' fees). Your spouse pays a similar fee to respond.
- If you can't afford the fee
- Ask for a fee waiver with Request to Waive Court Fees (form FW-001): https://selfhelp.courts.ca.gov/fee-waiver
- Simpler process for agreed cases
- Yes, two. Summary dissolution: married less than 5 years, no children together, no real estate, debts under $7,000 (not counting car loans), community property under $57,000 and each spouse's separate property under $57,000, and no spousal support. Joint petition (FL-700): both spouses file together if you expect to agree on everything; you still exchange disclosures and wait 6 months.
- E-filing
- Yes, if your county court allows e-filing; check your court's website.
- Law
- Cal. Fam. Code 2320 · Cal. Fam. Code 2339
Divorce in California, step by step
Check that you can file in California
You or your spouse must have lived in California for the last 6 months and in the county where you file for the last 3 months.
Get the official forms
Use the court's official divorce forms: Divorce forms (California courts) Yes, two.
File the papers and pay the fee, or ask for a waiver
File with the Superior Court (family law division) in your county. Filing fee: $435-$450 to file a divorce petition; $870 for a joint petition (both spouses' fees). Can't afford it? Ask for a fee waiver with Request to Waive Court Fees (form FW-001): https://selfhelp.courts.ca.gov/fee-waiver.
Serve your spouse
Someone 18 or older who is not you must hand your spouse the papers, or your spouse can sign a Notice and Acknowledgment of Receipt (form FL-117) if served by mail.
Your spouse responds
30 days after service (stated on the Summons, form FL-110). The summons states the deadline. If your spouse doesn't respond in time, you can usually ask for a default judgment.
Wait out the waiting period
Divorce takes at least 6 months.
Agree, or go to mediation or a hearing
If parents can't agree on custody or visitation, they must meet with a court child custody mediator (child custody recommending counseling in some counties) before a judge decides. If you agree on everything, you can usually submit a signed agreement. If not, the judge decides the issues you can't settle.
Get the final decree
The judge signs the final decree (judgment), which ends the marriage. Get a certified copy and keep it. Name change: Yes. You can ask to go back to a former name (like your birth name) in your divorce judgment, or after it is final with form FL-395.
Free tools for California
Pre-set for California. They run in your browser and send nothing.
Divorce timeline estimator for California
See the earliest date the law lets a judge sign your final divorce decree, from your filing date. Nothing you type here is sent anywhere.
Grounds for divorce in California
- No-fault ground
- irreconcilable differences
- Fault grounds
- Not available: no-fault only
- Law
- Cal. Fam. Code 2310
Property and debts in California
- System
- Community property
- The rule
- Property and debts from the marriage are community and are usually split equally. What you had before marriage, or got by gift or inheritance, is usually your separate property.
- Law
- Cal. Fam. Code 760, 2550
Alimony (spousal support) in California
Called spousal or partner support. Temporary support during the case is often set with a local formula; long-term support is decided case by case using factors in Fam. Code 4320. For marriages under 10 years, the goal is usually support for about half the length of the marriage; for marriages of 10+ years, the court may not set an end date. Cal. Fam. Code 4320, 4336.
Children: custody and support in California
- What California calls custody
- child custody and visitation (parenting time)
- Parenting class
- No statewide class requirement; some county courts require an orientation or parenting class. Check your court.
- Child support calculator
- Official child support calculator or guidelines
- Child support agency
- California Department of Child Support Services
Serving your spouse in California
- How your spouse gets the papers
- Someone 18 or older who is not you must hand your spouse the papers, or your spouse can sign a Notice and Acknowledgment of Receipt (form FL-117) if served by mail. Other methods (posting, publication) need the court's permission.
- Time to respond
- 30 days after service (stated on the Summons, form FL-110).
- Law
- Cal. Code Civ. Proc. 415.10, 415.30; form FL-110
Going back to a former name in California
Yes. You can ask to go back to a former name (like your birth name) in your divorce judgment, or after it is final with form FL-395.
Mediation in California
If parents can't agree on custody or visitation, they must meet with a court child custody mediator (child custody recommending counseling in some counties) before a judge decides. Fam. Code 3170. https://selfhelp.courts.ca.gov/child-custody
If you are in danger
If you are in danger, call 911. The National Domestic Violence Hotline is free, confidential and open 24/7, in English and Spanish: call 1-800-799-7233, text START to 88788, or chat at thehotline.org.
Protective orders in California: If you are in danger, call 911. Domestic violence restraining orders: https://selfhelp.courts.ca.gov/restraining-orders
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Free help in California
Good to know in California
- Since Jan. 1, 2026, spouses can start the divorce together with a joint petition (FL-700), with a combined $870 filing fee (California Courts Self-Help Guide).
- California's summary dissolution limits are currently $57,000 for community property and $7,000 for debts (Self-Help Guide).
Changes in 2024–2026
SB 1427 (2024) created the joint petition for dissolution (forms FL-700/FL-710), available from Jan. 1, 2026. Summary dissolution property limits were updated (now $57,000).
Divorce checklist for California
Answer a few questions to get a checklist for your state: documents to gather, the official forms, the fee or fee waiver, serving your spouse, children and the final steps. Print it or download it. Nothing you type is sent anywhere.
Questions about divorce in California
How long do you have to live in California to file for divorce?
You or your spouse must have lived in California for the last 6 months and in the county where you file for the last 3 months. If you don't qualify yet, you can file for legal separation and change it to a divorce later. Some same-sex couples married in California can file here even if they live elsewhere.
How long does a divorce take in California?
Divorce takes at least 6 months. The earliest your marriage can end is 6 months after your spouse is served or responds (or after you file a joint petition). Legal separation has no waiting period.
What are the grounds for divorce in California?
California's no-fault ground is irreconcilable differences. California has no fault grounds.
Is California a community property state?
Yes. Property and debts from the marriage are community and are usually split equally. What you had before marriage, or got by gift or inheritance, is usually your separate property.
How much does it cost to file for divorce in California?
$435-$450 to file a divorce petition; $870 for a joint petition (both spouses' fees). Your spouse pays a similar fee to respond.
Can I get the divorce filing fee waived in California?
Ask for a fee waiver with Request to Waive Court Fees (form FW-001): https://selfhelp.courts.ca.gov/fee-waiver
Is there a simpler divorce process in California?
Yes, two. Summary dissolution: married less than 5 years, no children together, no real estate, debts under $7,000 (not counting car loans), community property under $57,000 and each spouse's separate property under $57,000, and no spousal support. Joint petition (FL-700): both spouses file together if you expect to agree on everything; you still exchange disclosures and wait 6 months.
How long does my spouse have to respond in California?
30 days after service (stated on the Summons, form FL-110).
Can I change my name back in a divorce in California?
Yes. You can ask to go back to a former name (like your birth name) in your divorce judgment, or after it is final with form FL-395.
Is mediation required in a divorce in California?
If parents can't agree on custody or visitation, they must meet with a court child custody mediator (child custody recommending counseling in some counties) before a judge decides. Fam. Code 3170. https://selfhelp.courts.ca.gov/child-custody
Do divorcing parents have to take a class in California?
No statewide class requirement; some county courts require an orientation or parenting class. Check your court.
How does alimony work in California?
Called spousal or partner support. Temporary support during the case is often set with a local formula; long-term support is decided case by case using factors in Fam. Code 4320. For marriages under 10 years, the goal is usually support for about half the length of the marriage; for marriages of 10+ years, the court may not set an end date. Cal. Fam. Code 4320, 4336.