Divorce in California: The Complete 2026 Guide

California Divorce: Fast Facts

How to File for Divorce in California

California is a no-fault divorce state — you cite "irreconcilable differences" and do not need to prove any wrongdoing. As of January 2026, there are two ways to start your case: the traditional FL-100 petition (one spouse files, the other is served) or the new FL-700 Joint Petition (both spouses file together, no process server needed). Either path requires a mandatory 6-month waiting period. Uncontested cases typically close in 6–8 months; contested divorces can take 12–36 months or longer.

1. Confirm Residency Requirements

   At least one spouse must have lived in California for 6 months and in the filing county for at least 3 months. If you recently moved to a new county, you can file in the county where your spouse lives if they meet the 3-month county requirement. If neither spouse yet qualifies by county, wait until one does — or file in the county where either of you most recently lived for 3+ months.

2. Choose Your Filing Path and Complete Your Forms

   If filing alone: complete FL-100 (Petition) and FL-110 (Summons). If you have children under 18, also complete FL-105 (UCCJEA). If filing jointly with your spouse: use the new Form FL-700 (Joint Petition) — available as of January 1, 2026. FL-700 replaces the need for a summons and service of process entirely. All forms are free at courts.ca.gov.

3. File with the Superior Court and Pay the Filing Fee

   File at your county's Superior Court in person, by mail, or via e-filing if your county permits it. Pay the $435–$450 filing fee (FL-100) or the $870 combined fee (FL-700 Joint Petition). If you cannot afford the fee, file Form FW-001 to request a waiver. Low-income filers who receive public benefits (Medi-Cal, CalFresh, SSI) or meet income thresholds typically qualify. Some counties (Riverside, San Bernardino, San Francisco) charge slightly higher fees due to local surcharges.

4. Serve Your Spouse (FL-100 Path Only)

   For a standard FL-100 petition: someone who is at least 18 and not a party to the case must formally serve your spouse with the filed Petition, Summons, and Blank Response. File the Proof of Service (FL-115) with the court. The 6-month waiting period begins on the date of service — not the filing date. For a Joint Petition (FL-700), this step is eliminated — the filing itself counts as service on both parties, and the 6-month clock starts from the filing date.

5. Exchange Mandatory Financial Disclosures

   California law requires both spouses to complete a full set of financial disclosure forms: Declaration of Disclosure (FL-140), Income and Expense Declaration (FL-150), and Schedule of Assets and Debts (FL-142). These must be served on your spouse — not filed with the court (except the proof of service). The Preliminary Declaration of Disclosure is due within 60 days of filing the petition. Skipping or incorrectly completing these forms is the #1 reason courts reject final judgments.

6. Negotiate and Sign a Marital Settlement Agreement (MSA)

   Your MSA is the written contract governing all post-divorce terms: community property division, spousal support, child custody and visitation schedules, and child support. Both spouses sign. The MSA becomes your final judgment and is incorporated into the Decree. Use our settlement agreement checklist to ensure nothing is omitted.

7. Submit the Judgment Packet and Receive Your Final Decree

   After the 6-month waiting period has elapsed, submit your final judgment forms — FL-170 (Declaration for Default or Uncontested Dissolution), FL-180 (Judgment), and your signed MSA. The judge reviews the package and signs the Judgment. You receive a Notice of Entry of Judgment in the mail. Your divorce is final as of the date stamped on that notice. For uncontested cases, no court hearing is required.

California Divorce Laws: Grounds, Residency, and the 2026 Joint Petition

California has been a no-fault divorce state since 1969 — the first state in the nation to adopt no-fault grounds. Citing "irreconcilable differences" is sufficient to file; you do not need to prove wrongdoing, and you do not need your spouse's consent to file or to obtain a divorce. The only grounds available in California are irreconcilable differences and incurable insanity (rare in practice). As of January 1, 2026, Senate Bill 1427 introduced the Joint Petition (FL-700), a landmark reform allowing any couple who agrees on all terms to file together without a process server.

New for 2026: The Joint Petition (Form FL-700) — What Changed and What Didn't

Effective January 1, 2026, Senate Bill 1427 created a new filing pathway for any couple who agrees on all divorce terms. Under FL-700, both spouses file as Petitioner 1 and Petitioner 2 — eliminating the adversarial "Petitioner vs. Respondent" framing. The filing counts as service on both parties, so no process server is needed.

Important limitation: You cannot request temporary court orders (temporary custody, temporary support) through the FL-700 joint petition process. If either spouse needs court intervention before the final judgment, one party must revoke the joint petition using Form FL-720, converting the case to a traditional divorce. Revoking does not restart the 6-month clock — the original filing date is preserved. See the official guide at CA Courts Joint Petition Self-Help.

For the complete Family Code, see California Family Code Division 6 — Dissolution. For court self-help resources, visit courts.ca.gov/selfhelp-divorce.

Property Division in California: Community Property

California divides marital property under the community property standard: all assets and debts acquired during the marriage are presumed equally owned by both spouses and divided 50/50 at divorce. Unlike equitable distribution states, California courts do not weigh factors like contribution or need — the default is an equal division. Fault does not affect property division in California. Spouses who reach their own agreement can divide property differently in a written Marital Settlement Agreement (MSA).

Key California community property rules:

• Income earned by either spouse during the marriage is community property — including wages, bonuses, and self-employment income
• Retirement contributions made during the marriage (401(k), pension, IRA) are community property to the extent earned during marriage — divided via QDRO
• The community property presumption is strong — a spouse claiming separate property must trace it with documentary evidence
• Fault and marital misconduct do not affect property division in California — unlike equitable distribution states
• Spouses can agree in their MSA to divide property differently than the 50/50 default — courts generally enforce written agreements between represented parties

Spouses can resolve all property matters through a written MSA at any time. Use our settlement agreement checklist and property division spreadsheet to inventory your community estate. For high-asset cases or businesses, a Certified Divorce Financial Analyst can help you model division scenarios and understand the tax implications.

Spousal Support in California

Spousal support — called "alimony" in most states — is not automatic in California. Courts have broad discretion to order temporary support while the case is pending (pendente lite) and permanent support after the divorce decree is entered. There is no fixed formula for permanent support; judges weigh 14 statutory factors, balancing each spouse's needs and earning capacity against the circumstances of the marriage. Fault and marital misconduct do not bar a spouse from receiving support in California, though they may be considered as one factor. The well-known "10-year rule" affects support duration for long marriages.

Factors California courts consider for permanent spousal support:

• Each party's earning capacity and ability to maintain the marital standard of living
• Contributions of each party to the other's education, training, career position, or license during the marriage
• The supported party's ability to be self-supporting and the time needed to acquire education or training
• Duration of the marriage — marriages of 10+ years trigger special rules on support duration
• Each party's age and health, including any documented disabilities
• Criminal conviction of an abusive spouse — documented domestic violence creates a rebuttable presumption against awarding support to the abusive party

For a general estimate of support amounts, see our alimony calculator guide and our full resource on spousal support in California. For cases with significant income disparity or complex support claims, a Certified Divorce Financial Analyst can help you model scenarios before negotiating your MSA.

Child Custody and Support in California

California courts determine child custody based on the best interests of the child — that standard drives every custody decision in the state. Neither parent has a presumptive right to custody based on gender. Parents who agree on a parenting plan can adopt virtually any arrangement — the court approves agreements that serve the child's interests. Child support is calculated using California's statewide guideline formula, which is based on both parents' net disposable income and the percentage of time each parent spends with the child.

Key factors California courts weigh in custody decisions:

• The health, safety, and welfare of the child — the primary concern
• Any history of abuse by either parent against the child or the other parent
• Each parent's nature and frequency of contact with the child prior to separation
• Habitual or continual illegal use of controlled substances or alcohol by either parent
• The child's preference, if the child is of sufficient age and capacity to reason intelligently — courts may consider children as young as 14 on the record (§ 3042)

For a full guide to child support calculations, visit How to File for Child Support in California. For parenting plan guidance, see our joint custody guide. For custody disputes, Hello Divorce mediation services can help you reach a parenting plan without litigation.

How Much Does a Divorce Cost in California?

A California divorce can cost as little as $435–$500 in court fees for a straightforward uncontested case — or $15,000–$50,000+ per spouse in a fully contested divorce involving attorneys and trial. The single biggest cost driver is disagreement: every issue that must be decided by a judge rather than negotiated by the spouses adds attorney hours, court time, and delay. The 6-month mandatory waiting period means even the fastest California divorce takes at least 6 months from service (or filing date for the FL-700 joint petition).

Additional California-specific costs to budget for:

• Process server fees — typically $40–$150 for standard service; higher for rush, evasive spouses, or out-of-county service (FL-100 path only; eliminated under FL-700)
• QDRO drafting — $500–$1,500 per retirement plan; California public employees (CalPERS, CalSTRS) require specialized Domestic Relations Orders (DROs) reviewed by the plan administrator; see our QDRO guide
• Child custody evaluations — court-appointed evaluators typically charge $1,200 per party (split equally) in most CA counties; private evaluators cost significantly more
• Response filing fee — if your spouse files a Response to your FL-100 petition, they pay the same $435–$450 filing fee, bringing combined court costs to $870–$900
• Certified copies of the judgment — $25–$40 per copy depending on county; obtain 3–5 copies for name change, beneficiary updates, mortgage refinancing, and records

For a full cost breakdown including county-by-county variation, see our page: Cost of Divorce in California. If cost is a concern, read our guide on how to get divorced with little or no money.

Uncontested vs. Contested Divorce — and California's Three Filing Paths

California now offers three distinct paths depending on how much you and your spouse agree. Summary Dissolution is the most streamlined but has strict eligibility limits. The Joint Petition (FL-700, new in 2026) is available to almost any couple who agrees on all terms. Standard divorce (FL-100) is the default when spouses cannot fully agree from the start or when temporary court orders are needed during the case.

Not sure which path applies? Read our full comparison: Contested vs. Uncontested Divorce — What's the Difference? and our dedicated guide to uncontested divorce in California.

If you and your spouse are close to agreement but stuck on specific issues, Hello Divorce mediation services can help bridge the gap at a fraction of litigation costs. Mediation is especially effective for property division, spousal support, and parenting plan disputes.

Legal Separation vs. Divorce in California

California recognizes legal separation as a formal court status. A legal separation follows nearly the same process as divorce — the same forms, disclosures, and court judgment — but at the end, you remain legally married. The same 6-month waiting period that applies to divorce does not apply to legal separation. As of January 1, 2026, couples can also pursue legal separation using the new Joint Petition (FL-700) process.

To understand your options before filing, read our guide: Legal Separation vs. Divorce in California. For settlement agreement guidance, see our settlement agreement checklist.

California Divorce Forms and Paperwork

California uses standardized statewide forms issued by the Judicial Council — available for free at courts.ca.gov. Some counties have additional local cover sheets or filing checklists, but the core forms are consistent statewide. Below are the primary forms for both the standard FL-100 path and the new FL-700 Joint Petition path.

All official California divorce forms are free at the Judicial Council Forms library and your county's Superior Court self-help center. Hello Divorce guides you through completing every required form accurately — see our divorce forms assistance or view all plans.

Changing Your Name After Divorce in California

In California, you can request a name restoration in your Petition (FL-100) or Joint Petition (FL-700) at the time of filing — at no additional cost. The judge will include the name change in your final Judgment (FL-180). This allows you to restore a former surname or a pre-marriage name. Once you have your certified Judgment, follow this sequence to update all records.

1. Social Security Administration — Update your SSA record first using your certified Judgment and photo ID. Visit your local SSA office, submit Form SS-5 by mail, or complete the process online at ssa.gov. You need an updated SSA card before the DMV will update your driver's license.
2. California DMV (Driver's License) — Visit a DMV office with your updated SSA card, certified Judgment, and proof of California residency. If you need a Real ID-compliant license, bring additional documentation per DMV requirements. Alternatively, complete the initial change at a DMV field office and renew online thereafter.
3. U.S. Passport — Submit the appropriate DS form with your certified Judgment. Use DS-5504 if your passport was issued less than 1 year ago (no fee); DS-82 if issued more than 1 year ago (fee required); or DS-11 for a first-time application or if your passport was issued more than 15 years ago.
4. Financial accounts, employer HR, and insurance — Contact each institution individually with a certified copy of your Judgment. Order at least 3–5 certified copies from the Superior Court clerk when you receive your Judgment — fees are $25–$40 per copy depending on county.

For a complete post-divorce name change checklist, see our guide: How to Change Your Name After Divorce. For CA-specific name change questions after a divorce, visit our knowledge base.

Frequently Asked Questions: Divorce in California

How long does a divorce take in California?

The minimum is 6 months and 1 day from the date your spouse is served (for a standard FL-100 filing) or from your joint filing date (for the new FL-700 Joint Petition). That waiting period is set by state law and cannot be waived or shortened under any circumstances. Uncontested divorces where both spouses agree on all terms can finish close to that minimum. Contested divorces typically take 12–36 months or longer depending on disputes and court backlogs. See our full guide: California Divorce Waiting Period Explained.

What is the new Joint Petition (FL-700) and who can use it?

Effective January 1, 2026 under Senate Bill 1427, the Joint Petition (Form FL-700) allows any married couple who agrees on all terms to file for divorce together — without a process server. Both spouses sign and file as Petitioner 1 and Petitioner 2; the filing counts as service on both parties and the 6-month waiting period begins on the filing date. Unlike summary dissolution, the FL-700 has no restrictions on marriage length, children, or asset value — the only requirement is genuine mutual agreement on all issues. You cannot request temporary court orders (custody, support) through the joint petition process; if intervention is needed, either party can revoke the joint petition using Form FL-720 without losing the original filing date.

Is California a 50/50 divorce state?

Yes — California is a community property state, which means all assets and debts acquired during the marriage are presumed equally owned and divided 50/50 at divorce. This is a key difference from equitable distribution states, which divide property based on what is "fair" rather than equal. Separate property — assets owned before marriage or received as gifts or inheritances and kept separate — is not divided. Spouses who reach their own written agreement can divide community property differently than the 50/50 default. For complex asset situations, a Certified Divorce Financial Analyst can help you model division outcomes. See our full guide: Community Property in California.

Does California require a reason to get divorced?

No. California has been a no-fault divorce state since 1969 — the first state in the nation to adopt no-fault grounds. You simply cite "irreconcilable differences," meaning the marriage has broken down and cannot be repaired. You do not need your spouse's consent, agreement, or cooperation to obtain a divorce. Even if your spouse objects to the divorce entirely, you can still proceed — the court will grant the dissolution. Fault and marital misconduct do not affect property division, spousal support eligibility, or the grounds for divorce in California. Read more: No-Fault Divorce in California.

What happens to the house in a California divorce?

If the home was purchased during the marriage, it is community property and subject to equal division. Common resolutions include one spouse buying out the other's equity (typically at 50% of the net equity), selling the home and splitting the proceeds equally, or a deferred sale arrangement where one spouse — often the parent with primary custody — remains in the home until a future trigger event (children finishing school, refinancing approval, etc.). If the home was purchased before marriage or bought with separate funds, the separate property portion may be traced and excluded. Use our home equity split calculator to estimate your options and read our guide on what to do with the marital home.

Can I get divorced in California without a lawyer?

Yes. Many Californians complete uncontested divorces without an attorney using official Judicial Council forms available free at courts.ca.gov. The courts.ca.gov self-help center provides step-by-step instructions for both the standard FL-100 path and the new 2026 FL-700 Joint Petition path. Online services like Hello Divorce provide guided form preparation, a completed MSA, and access to attorneys by the hour when you need legal advice — without requiring a full retainer or paying for services you don't need. The new FL-700 Joint Petition process is particularly well-suited for self-represented parties because it eliminates the service of process step. See our guide: How to DIY Your California Divorce.

What are California's financial disclosure requirements?

California requires both spouses to exchange a Preliminary Declaration of Disclosure within 60 days of filing the petition. This includes Form FL-140 (Declaration of Disclosure), Form FL-150 (Income and Expense Declaration), and Form FL-142 (Schedule of Assets and Debts). These forms are served on your spouse — they are not filed with the court (only the proof of service of the FL-140 is filed). A Final Declaration of Disclosure is also required before judgment unless both parties waive it in writing. Incomplete or inaccurate financial disclosures are the single most common reason courts reject final judgments. This requirement applies to both the FL-100 standard path and the FL-700 Joint Petition path.

How does the date of separation affect a California divorce?

The date of separation is the date you or your spouse decided to end the marriage and acted in a way consistent with that decision. Community property stops accumulating on this date — income, savings, and debt incurred after separation may be treated as separate property. This means a couple that separated years before filing for divorce may have significantly less community property than one that separated recently. Courts look at both the intent (one spouse decided the marriage was over) and conduct (separate finances, separate residence, or formal notice) to establish the date. Because the date of separation can have a substantial financial impact, document it clearly — even a dated text message or email stating the intention to separate can serve as evidence.

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