How to Start a Divorce in California
You usually start a California divorce by filing a petition with the court and having your spouse served with the papers. But filling out forms shouldn't be your first move. Before you file, understand how you'll pay your bills, what the parenting time schedule should be and whether you need court orders right away.
A little preparation can change how the first weeks unfold. If you need protection from domestic violence or urgent help with your children, don't delay getting legal help while you collect documents.
This article explains the regular divorce process, where one spouse files and serves the other. California also offers joint filing options for couples who meet the requirements. We will not cover joint filing.
Talk to a divorce lawyer before you file
You don't have to hire a lawyer to get divorced, but it is rarely a good idea to go without representation. If you have a simple case with little to no assets, minimal income by one or both of you, no expected child custody disputes and no domestic violence, the self-help center of the local court can help in such cases. But no matter the complexity of the issues, you should understand your legal options before you make decisions that affect your marital estate, support or your children. A divorce consultation can help even if you later handle some of the paperwork yourself. Use that meeting to discuss your immediate concerns and get answers to your divorce questions.
Bring any prenuptial agreement and court orders you already have. Tell the lawyer if your spouse has served you with papers. That changes the task from preparing to file to protecting your response deadline.
Ask the lawyer how they would approach your case and the steps along the way. You need more than someone who can complete a petition or response. You need to understand which decisions can wait and which need attention now.
You also don't have to be ready to file before seeking advice. Learning your options doesn't commit you to ending the marriage.
Check where you can file for divorce
For most California divorces, either you or your spouse must have lived in California for at least six months and in the county where you file for at least three months before filing. These requirements appear in Family Code section 2320.
If you've recently moved to Orange County from Los Angeles, for example, your filing options need review. Don't assume the court closest to your new home is the right court.
If you don't meet the divorce residency requirements, ask about legal separation and whether you can later change the case to a divorce.
Gather records and decide whether to file now
Start with records you can lawfully access. Collect recent tax returns and pay records, along with bank statements and documents showing debts. If you own a home, gather the mortgage statement and purchase records. Retirement statements matter too, even if neither of you plans to retire soon because their community property interest is an issue.
You don't need a perfect file before meeting a lawyer. Bring what you have and explain what's missing. Don't guess at account balances or use your spouse's passwords to enter accounts without permission. Never break the law to get information.
Keep digital copies in a secure place. If you place it on a digital cloud environment, ensure only you have access to it. If your spouse can access your email or cloud storage, discuss a safer way to communicate with your lawyer.
Then decide whether filing should happen now. A threatened transfer of assets or an urgent custody dispute can require quick action. If there's no immediate problem, time spent reviewing finances and other facts can help you make better decisions before filing.
In Southern California, the family home often drives this discussion. Knowing the mortgage payment isn't enough. You also need to consider whether either spouse can afford to keep the home after separation and whether there should be a buyout or sale.
Filing the petition alone doesn't create a parenting schedule or require your spouse to pay support. Your lawyer can explain whether you need a separate request for temporary orders, which are court orders that address issues while the divorce is pending. Sometimes, spouses can amicably work out these types of issues.
Prepare and file the divorce petition
The petition tells the court who you are and what you're requesting. It asks for basic marriage information, including the date of marriage and date of separation. It also addresses property and support. If you have children together, it addresses custody.
Review the petition before you sign it. Ask questions if there is anything you do not understand. Don't choose a separation date just because it was the day someone moved out. Discuss the facts with your lawyer. And don't treat the property sections as boxes to check without understanding what you're asking the court to do.
For a regular divorce, the starting paperwork includes the Petition, form FL-100, and Summons, form FL-110. If you have minor children together, you generally also complete form FL-105. That form gives the court information about where the children have lived and other custody proceedings. Check for required local forms. The California Courts filing guidance explains the statewide forms.
Your lawyer's office can prepare the paperwork, but you still need to confirm that it's accurate. If you're representing yourself, a court self-help center can help with forms and procedure. After the court accepts the papers, it assigns a case number. You'll pay a filing fee unless you qualify for a fee waiver. You can request a waiver if you can't afford the fee.
Read the standard family law restraining orders on the back of the summons. These are automatic rules about property and insurance, among other subjects. They also restrict taking your minor children out of California without the required written consent or court order. Family Code section 2040 describes these restrictions and exceptions. Don't empty a joint account or cancel coverage because you've decided to divorce.
Serve your spouse with the divorce papers
Service means delivering the papers in a way the law recognizes. You can't serve them yourself. For personal service, the server must be at least 18 and must not be a party to the case. A professional process server can handle this work.
The packet includes copies of the filed papers and a blank Response, form FL-120. The server completes a proof of service, which tells the court how and when service happened. Make sure that proof gets filed. The California Courts service instructions explain the requirements.
Don't assume that mailing the papers or telling your spouse about the filing completes service. If your spouse will cooperate, ask your lawyer about a service method that uses a signed acknowledgment of receipt.
Your spouse generally has 30 days after service to file a response. If they don't respond, you can pursue a default, a process for asking the court to proceed without their response. It doesn't mean the court automatically grants everything you want.
What happens after you start the divorce
Financial disclosures, called a preliminary declaration of disclosure, come early. These are documents you share with your spouse about your finances. In a regular divorce, the petitioner generally must serve preliminary disclosures within 60 days after filing the petition. The respondent generally has 60 days after filing the response. You ordinarily don't file the financial disclosure packet itself with the court. You file a form confirming service.
Starting the case also doesn't mean you'll be divorced six months later. Under Family Code section 2339, the regular divorce waiting period runs from service of the summons and petition or the respondent's appearance, whichever happens first. A judgment must still end the marriage. Unresolved issues can make the case take longer.
Since January 1, 2026, California has also offered a joint petition process using form FL-700. It allows spouses who agree on all final terms to file together, but it doesn't allow requests for temporary orders. It's different from summary dissolution, which has separate eligibility limits.
Frequently asked questions about the starting a divorce case
Here are a few frequently asked questions and answers that come up at the start of a divorce.
Can one lawyer represent both spouses in a divorce?
Don't treat your spouse's lawyer as your lawyer. Each spouse should get independent advice about every issue and especially a proposed agreement. A neutral mediator can help you negotiate, but that role differs from representing either spouse.
What should I consider before deciding whether to move out of the home where my spouse and I live?
Consider your safety first. If you're in immediate danger, get to a safe place and call 911. Don't stay in an unsafe home because you're afraid leaving will hurt your divorce case.
If there's no immediate danger, talk to a lawyer before moving. Review whether you can afford another home while household bills continue. If you have children, plan how you'll maintain regular parenting time and handle school transportation. Leaving without a parenting agreement or court order can create a dispute over the children's routine.
Moving out doesn't, by itself, give up your ownership interest in the home or decide custody. Family Code section 3046 also protects qualifying short absences and departures caused by actual or threatened domestic violence from being used as a custody factor, subject to the statute's requirements and exceptions. Ask your lawyer whether you need temporary orders before you move.
My spouse is threatening to kick me out of our house and take custody of the kids if I file for divorce. Can my spouse really do that?
Filing for divorce doesn't give your spouse the right to force you out or take sole custody of your children. Your spouse's threat isn't a court order. If you disagree about custody, the judge decides based on the children's best interests, including their safety and any history of abuse, under Family Code section 3011.
A court can order a spouse to leave the home when the legal requirements are met. For example, Family Code section 6321 allows an emergency move-out order in a domestic violence case upon the required showing, regardless of who holds title or signs the lease. Filing for divorce alone doesn't establish those grounds.
Save threatening messages and speak with a family law attorney promptly about protecting your access to the home and your children. If a court has already issued orders, follow them unless the court changes them. If you or your children face immediate danger, call 911.
If you're preparing to file, contact our California family law firm for a strategy session. We can discuss your immediate concerns and the right starting point for your case.