Step-by-step filing guide

Ready to file for divorce in California but feeling overwhelmed by the paperwork? You're not alone. The actual filing process is more straightforward than most people think - it's just a matter of knowing which forms to complete, where to file them, and how to serve your spouse properly.

The biggest mistake people make when filing for divorce? Rushing through the paperwork without understanding what each form actually does. This leads to rejected filings, delays, and having to start over. Let's walk through the exact steps so you get it right the first time.

California divorce forms at a glance

Here are all the forms you'll need to file for divorce in California, organized by when you need them:

Required for initial filing

• FL-100 - Petition for Dissolution of Marriage - Your main divorce petition

• FL-110 - Summons - Legal notice served on your spouse

• FL-105 - UCCJEA Declaration - Required if you have minor children

Service of process forms

• FL-115 - Proof of Service - Proves your spouse was properly served

• FL-117 - Notice and Acknowledgment of Receipt - For voluntary service by mail

Optional initial filing forms

• FW-001 - Request to Waive Court Fees - If you can't afford filing fees

• FL-300 - Request for Order - For temporary custody or support orders

• FL-325 - Confidential Counselor Address - If you have safety concerns

Financial disclosure forms (due within 60 days)

• FL-140 - Declaration of Disclosure - Cover sheet for financial documents

• FL-142 - Schedule of Assets and Debts - Detailed asset and debt listing

• FL-150 - Income and Expense Declaration - Monthly income and expense details

Amendment forms (if needed later)

• FL-123 - Amendment to Petition - To make changes after filing

What forms do I need to file for divorce in California?

California uses standardized forms across all counties. You'll need three main forms to get started, plus additional forms depending on your situation.

What is California form FL-100?

The Petition for Dissolution of Marriage (FL-100) is your primary filing document. This form officially starts your divorce case and tells the court what you're requesting.

Key sections include:

• Basic information about both spouses

• Date and place of marriage

• Whether you have minor children

• What relief you're seeking (custody, support, property division)

Don't worry about being overly specific with your requests - you can modify them later as your case develops.

What is California form FL-110?

The Summons (FL-110) is the legal notice served on your spouse. It includes automatic temporary restraining orders that take effect immediately when you file, preventing both spouses from:

• Transferring or hiding assets

• Changing insurance beneficiaries

• Taking children out of state without permission

• Harassing each other

What is California form FL-105?

If you have minor children, you must file the Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (FL-105). This helps the court determine if California has jurisdiction over child custody decisions.

The form asks about:

• Where your children have lived for the past 5 years

• Any existing court cases involving your children

• Anyone else who has custody of your children

Do I need additional forms when filing for divorce in California?

Depending on your situation, you might also file:

• Request for order (FL-300): If you need temporary custody or support orders

• Fee waiver request (FW-001): If you can't afford filing fees

• Confidential counselor address (FL-325): If you have safety concerns

You'll also need financial disclosure forms (FL-140, FL-142, FL-150) within 60 days of filing, but these aren't required for the initial filing.

How do I properly complete California divorce forms?

Small errors in form completion cause big delays. Here's how to avoid the most common mistakes.

How should I fill out names and personal information?

Use full legal names exactly as they appear on your marriage certificate. If someone changed their name after marriage, list both the current legal name and the name at the time of marriage.

For addresses, use current mailing addresses where each person can reliably receive mail. P.O. boxes are acceptable if that's your actual mailing address.

What date should I use for separation in California?

The date of separation is crucial because it affects property division and support calculations.

California defines separation as when spouses:

• Live apart AND

• At least one spouse intends to end the marriage

You can be separated while living in the same house if you're living separate lives and one spouse clearly intends to end the marriage.

What should I request in my petition?

Be comprehensive but realistic. Common requests include:

• Dissolution of marriage

• Legal and physical custody of children

• Child support and spousal support

• Division of property and debts

• Restoration of former name

• Attorney fees

Remember, requesting something doesn't guarantee you'll receive it - these are just your initial requests.

Should I type or handwrite California divorce forms?

Always type your forms if possible. Handwritten forms are acceptable but typed forms process faster because court clerks can read them easily.

If you must handwrite, use black ink and print clearly. Illegible forms will be rejected.

Where do I file for divorce in California?

Location matters for convenience and processing times.

Which California county should I file in?

You can file in any county where either you or your spouse has lived for at least 3 months before filing. If both of you meet residency requirements in different counties, you can choose.

Consider practical factors:

• Which courthouse is more convenient

• Processing times (some counties are faster than others)

• Your children's school locations (for custody issues)

How do I find the right California courthouse?

Each county has designated family law courts. Large counties often have multiple family court locations.

Use the California Courts website to locate your family court. The site provides addresses, phone numbers, and operating hours.

What are California court filing hours?

Most courts accept filings Monday through Friday, typically 8:00 AM to 4:00 PM. Some courts have limited hours on certain days or close for lunch.

Always check your specific court's website or call ahead to confirm hours before making the trip.

How much does filing for divorce cost in California?

What are the filing fees?

Filing fees range from $435-$450 depending on your county. This covers processing your petition and summons.

Your spouse pays the same fee when filing their response, unless you file an uncontested case together.

Can I get help with filing fees?

Yes, you can request a fee waiver using form FW-001 if you:

• Receive public benefits like CalFresh or Medi-Cal

• Have income below federal poverty guidelines

• Cannot pay fees and still meet basic living expenses

The court reviews your financial information to determine eligibility for full or partial fee waivers.

What other filing costs should I expect?

• Service of process: $40-$200 depending on method

• Certified copies: $15-$20 per copy for your records

• Document preparation help: $100-$500 if you use a legal document service

Step-by-step filing process

Step 1: Download and complete your forms

Get forms directly from the California Courts website. The forms are free and always current.

Complete all required fields. If something doesn't apply, write "N/A" rather than leaving it blank. Forms with blank required fields will be rejected.

Make multiple copies - you'll need originals for filing, copies for service, and copies for your records.

Step 2: Review your completed forms

Double-check everything before filing:

• All names spelled correctly and match legal documents

• Dates are accurate (especially marriage date and separation date)

• All required signatures and dates are included

• Mathematical calculations are correct

• Forms are legible if handwritten

Step 3: Gather required documents and payment

Bring to the courthouse:

• Original completed forms

• Filing fee or fee waiver request

• Valid photo identification

• Copies of all forms

• Self-addressed stamped envelope (some courts mail copies back)

Step 4: File at the courthouse

The court clerk will:

• Review forms for completeness and obvious errors

• Collect your filing fee

• Assign a case number

• File-stamp your documents

• Return conformed copies to you

Plan for 30-60 minutes at the courthouse. Family court lines can be long, especially on Mondays and Fridays.

Step 5: Arrange service of process

You must serve your spouse within 60 days of filing or risk case dismissal.

Who can serve: Any adult who isn't a party to your case, including professional process servers, sheriff's deputies, or friends/family members. You cannot serve papers yourself.

Service methods:

• Personal service: Papers handed directly to your spouse (most reliable)

• Substituted service: Papers left with competent adult at home/work, then mailed

• Service by mail: Spouse voluntarily accepts service using form FL-117

Service costs:

• Professional process server: $75-$200

• Sheriff's department: $40-$100

• Friend/family: Just time and travel costs

Step 6: File proof of service

The person who served your spouse must complete Proof of Service (FL-115) and file it with the court. Without proof of service on file, your case cannot proceed.

What happens after I file for divorce in California?

How long does my spouse have to respond?

Your spouse has 30 days from the date of service to file a response. If they don't respond, you can request a default judgment.

What if there are problems with my filing?

The court clerk reviews filings for basic completeness but cannot catch all errors. If there are problems with your forms, you might receive:

• Rejection notice requiring corrections and refiling

• Court order requiring additional information or corrections

• Notice of hearing if the court needs clarification

Can I make changes after filing?

Yes, you can amend your petition if circumstances change or if you made errors. Use form FL-123 to request amendments.

Common reasons for amendments include:

• Correcting factual errors

• Adding forgotten assets or debts

• Changing custody or support requests

• Updating addresses or contact information

Common filing mistakes to avoid

What errors cause filing delays?

1. Incomplete forms: Every required field must be completed or marked "N/A"

2. Incorrect case names: Use exact legal names from your marriage certificate

3. Missing signatures: Both petition and summons require original signatures

4. Wrong filing location: Make sure you meet residency requirements for your chosen county

5. Insufficient copies: Bring extra copies - you'll need more than you think

How can I avoid service problems?

1. Don't wait: Start arranging service immediately after filing

2. Choose reliable service method: Personal service by a professional is worth the extra cost

3. Provide accurate information: Give the process server your spouse's current address and schedule

4. Have backup plans: If your spouse is avoiding service, professional servers have strategies to complete service

What should I do if forms are rejected?

1. Read rejection notices carefully: The court will specify exactly what needs to be corrected

2. Make all required corrections: Don't just fix obvious problems - address everything mentioned

3. Refile promptly: You still need to serve your spouse within 60 days of your original filing date

When should I get help with filing?

Can I file for divorce myself in California?

Yes, if your case is straightforward and you're comfortable with paperwork. Self-representation works best when:

• You and your spouse agree on major issues

• You have minimal assets and debts

• You don't have minor children or agree completely on custody

• Neither spouse owns a business

When should I consider professional help?

Get assistance if:

• You're confused by any forms or procedures

• Your spouse has hired an attorney

• You have significant assets or complex property

• Child custody is contested

• You suspect your spouse is hiding assets

What help options are available?

1. Limited scope attorneys: Help with specific tasks like form review or court appearances

2. Legal document preparers: Assistance completing forms (cannot give legal advice)

3. Court self-help centers: Free help with forms and basic procedures at most courthouses

4. Family law facilitators: Free assistance with form completion and filing procedures

Key takeaways for successful divorce filing in California

Filing for divorce in California requires attention to detail, but the process itself is manageable when you know what to do.

1. Use the correct forms: FL-100, FL-110, and FL-105 (if you have children) for basic filings

2. Complete forms carefully: Take time to be accurate and thorough the first time

3. File in the right place: Confirm residency requirements and choose a convenient courthouse

4. Serve your spouse properly: Use reliable service methods and file proof of service promptly

5. Keep copies of everything: You'll need multiple copies throughout your case

6. Meet deadlines: 60 days to serve your spouse is firm - don't let this deadline slip

7. Get help when needed: Court self-help centers and limited scope attorneys can prevent costly mistakes

Remember, filing is just the first step in your divorce process. Taking care to file correctly sets the foundation for everything that follows and can save you significant time and money down the road.