Compliance with residency requirements is critical in a divorce case. Without it, California courts won't have jurisdiction to hear the case. To be eligible for marriage dissolution in California, one spouse must have resided in the state for six months and in the county where the spouses plan to file for three months before submitting documents to the court. Spouses can initiate their case in any county where one of them meets the residency requirements.

As a no-fault state, California allows spouses to avoid the disclosure of marital misconduct. Instead, partners can state that their union is irremediably broken because of irreconcilable differences. Another ground for a no-fault divorce in California is permanent legal incapacity. However, the filing spouse must prove (including competent psychiatric and medical evidence) that the second spouse lacks the legal capacity to make decisions.

California Superior Courts and their branches in the respective counties review divorce cases. To initiate a divorce, spouses must file their Petition and Summons with the local court in the county where one of them fulfills residency requirements. They can do it in person, by mail, or via the e-filing system if it is available in their county. Spouses with minor kids need to provide Declaration Under UCCJE Act. The petitioner must also make 2 copies of the documents.

The court filing fee is a mandatory payment for filing a case. In California, it ranges from $435 to $450. Each petitioner must pay unless they qualify for a waiver. The petitioner qualifies if they receive public benefits; their income, before taxes, is below a set amount; or they can't meet their basic needs and cover the court filing fees. The filing spouse must prepare and file two documents: Request to Waive Court Fees and Order on Court Fee Waiver.

In California, the filing spouse can't deliver copies of documents to the respondent. They need to find a person over 18 and not a party to the case. It can be someone they know, a county sheriff, or a professional process server. However, the latter two will charge a fee. The petitioner must file the FL-115 form with the court as the acknowledgment of service. The other spouse will have 30 days to respond.

California has a mandatory waiting period of 6 months. The divorce can't be finalized until this period ends. The waiting period starts when copies of the Summons and Petition are served to the respondent or on the date of the respondent's appearance, whichever happens first. The local waiting period is longer than in many other states because California courts want to ensure that both spouses are truly committed to dissolving their marriage.

Spouses in California have several options to finalize their case. If the respondent doesn't answer the petition, the judge can grant a divorce by default. If they do and dispute it, the case becomes contested and goes to trial. However, spouses often opt for an uncontested divorce with a Marital Settlement Agreement describing divorce arrangements. The couple provides their contract and additional documents to the judge, who may issue a divorce decree after consideration.