Written By:
Divorce.com Staff
California Divorce: Step-by-Step Guide
So you and your spouse are unsatisfied in your marriage and have decided to call it quits. Filing for divorce can feel complicated, but you don’t have to navigate it alone.
Below is a step-by-step guide to the California divorce process.
Step 1: Meet California’s Residency Requirements
Before starting the divorce process, you must confirm that you are eligible to file in California.
To qualify for a California divorce:
At least one spouse must have lived in California for at least six months prior to filing.
At least one spouse must have lived in the county where the case is filed for at least three months.
These same residency rules apply to the dissolution of a domestic partnership. In fact, most divorce laws apply equally to domestic partners—though the required paperwork may differ slightly.
Throughout this guide, references to “divorce” and “spouse” apply equally to domestic partnerships unless otherwise noted.
Once residency requirements are met, you are ready to begin the paperwork.
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Step 2: File the Petition
The next step is filing the Petition for Dissolution of Marriage with your county court clerk. This officially initiates the divorce.
The petition:
Identifies both parties
Provides basic personal information
Includes financial disclosure forms
You must disclose all assets, whether shared or separate. Your spouse will complete a similar disclosure when filing their response.
It is critical to be fully transparent, even in an uncontested divorce (where both parties believe they already agree on asset division). If hidden assets are discovered later, the court may penalize the offending spouse by awarding the other spouse a more favorable division.
Terminology
Petitioner: The spouse who files the petition
Respondent: The other spouse
California is a no-fault divorce state, meaning the petition will cite irreconcilable differences rather than wrongdoing.
Important Exception: Domestic Violence
If you are a survivor of domestic violence, it is strongly advisable that you file the petition yourself, as doing so allows the court to issue protective orders if necessary.
Filing Fee
Standard filing fee: $435
Fee waivers are available if you cannot afford the cost
The filing date often serves as the legal separation date, meaning community property generally stops accumulating after that date.
Step 3: Serve Your Spouse
After filing, you must formally notify your spouse that a divorce case has been initiated. This is known as service of process.
Service can be completed by:
A professional process server
Any adult (18+) who is not a party to the case
Mail (if your spouse agrees and signs an acknowledgment of receipt)
Step 4: Wait for a Response
Once served, your spouse has 30 days to file a formal response with the court.
If no response is filed within this timeframe, the court may enter a default judgment, meaning your spouse loses the right to participate in decisions related to:
Child custody
Child or spousal support
Division of community property
Step 5: Reach an Agreement
If your spouse responds, you will work toward resolving:
Child custody
Child support
Spousal support
Division of property and debts
You may resolve these issues through:
A divorce attorney
Divorce mediation
Doing it yourself
An online divorce platform
Collaborative Divorce
Another option is collaborative divorce, where:
Each spouse hires an attorney
Each spouse works with a mental health professional (divorce coach)
Additional shared professionals may be involved (financial advisors, child specialists, real estate agents)
While collaborative divorce is often more expensive than mediation or online divorce, it is typically less expensive than litigation.
Contested vs. Uncontested Divorce
Uncontested divorce: Agreement reached without court intervention
Contested divorce: Issues are resolved by a judge
Uncontested divorces are generally faster and less expensive.
Summary Dissolution (Fast-Track Divorce)
You may qualify for summary dissolution if:
You’ve been married less than five years
You have no children together
You have limited shared assets and debts
Both spouses waive spousal support
In this case, you file a joint petition instead of separate filings.
Typically, neither spouse hires a lawyer for an uncontested divorce, though some couples consult an attorney briefly for guidance.
If the Case Goes to Court
If your divorce becomes contested:
A judge applies statutory formulas for child and spousal support
Separate property remains with each spouse
Community property is divided 50/50, even if assets must be sold
Child custody decisions are based on the child’s best interests, with shared custody presumed unless one parent is unfit.
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Step 6: Obtain a Final Judgment
Once all issues are resolved—either by agreement or court order—you may finalize your divorce.
A judge will:
Confirm all required forms were properly filed
Review settlement terms to ensure fairness and lack of coercion
If everything is in order, the court issues a Final Judgment of Dissolution (also called a divorce decree).
Congratulations—you’ve completed the divorce process.
