The California divorce process, step by step.
Every California divorce moves through the same eight stages — even when no one fights about anything. Here's exactly what to expect from the day you file to the day your judgment is entered.
California is a no-fault divorce state, which means the only ground required to file is 'irreconcilable differences.' But no-fault doesn't mean fast. Statute requires a minimum 6-month waiting period from service to final judgment, and the practical timeline depends on whether you and your spouse can agree on the four big issues: custody, support, property, and debts.
- 1
Confirm residency
Before you can file, the petitioner must have lived in California for at least 6 months and in the county of filing for at least 3 months.
If neither spouse meets the residency requirement, you can file for legal separation now and convert to divorce once residency is met — preserving your filing date for property and support purposes.
Cal. Family Code §2320
- 2
File the petition (FL-100)
The petitioner files Form FL-100 (Petition — Marriage/Domestic Partnership) and FL-110 (Summons) with the San Diego Superior Court. If children are involved, add FL-105 (UCCJEA Declaration). Filing fee is approximately $435–$450.
San Diego Superior Court — Family Law Division
- 3
Serve the other spouse
The respondent must be personally served (not by the petitioner) with the petition and summons. Once served, the respondent has 30 days to file Form FL-120 (Response).
The 6-month statutory waiting period starts on the date of service — not the date of filing.
Cal. Family Code §2339
- 4
Exchange Preliminary Declarations of Disclosure
Within 60 days of filing the petition (and 60 days of filing the response), each spouse must serve a Preliminary Declaration of Disclosure: Schedule of Assets and Debts (FL-142) and Income and Expense Declaration (FL-150), with supporting documents.
Disclosure is mandatory and ongoing. Failure to disclose a material asset can result in 100% of that asset being awarded to the other spouse under Family Code §1101.
Cal. Family Code §§2104–2105
- 5
Request temporary orders (if needed)
Either spouse can request temporary orders for child custody, child support, spousal support, exclusive use of the family residence, or attorney fees by filing Form FL-300 (Request for Order). Hearings are typically set within 4–8 weeks.
- 6
Negotiate or litigate the issues
Most California divorces settle through informal negotiation, mediation, or a Marital Settlement Agreement. If agreement isn't possible, the case proceeds to discovery (depositions, subpoenas, expert valuations) and trial.
San Diego Superior Court requires Family Court Services mediation for any disputed custody issue before a contested hearing. Custody evaluations under Evidence Code §730 are common in high-conflict cases.
- 7
Exchange Final Declarations of Disclosure
Before judgment, both spouses serve Final Declarations of Disclosure (or waive in writing under FL-144 if both agree). This is the final accounting of all assets, debts, income, and expenses.
Cal. Family Code §2105
- 8
Enter judgment
After the 6-month minimum has run and all paperwork is in order, the court enters judgment. The earliest possible termination of marital status is 6 months and 1 day after the respondent was served. Most contested cases finalize between 12 and 24 months.
Cal. Family Code §2339
Keep reading
Divorce process — frequently asked questions
Can I get divorced in less than 6 months in California?
What happens if my spouse won't sign or respond?
Do I have to go to court for a California divorce?
What is a 'status only' divorce?
How is the 6-month waiting period calculated?
Can I date during a California divorce?
What if we agree on everything — do I still need a lawyer?
What is bifurcation in a California divorce?
Speak with a San Diego family law attorney today.
Every conversation is private. Most clients leave the first call with a clear sense of what to expect — what California law says, what your case is likely worth, and what to do next.