A Complete Guide to Divorce in California: What to Know Before You Start

Posted on Feb 3, 2026 by Griswold LaSalle Staff

A Complete Guide to Divorce in California: What to Know Before You Start

Divorce can feel overwhelming, confusing, and even intimidating. If you’re facing divorce in California, the good news is that the state’s process is designed to help you and your spouse reach a fair resolution so you can move forward.

This guide explains how to file for divorce in California in plain language so you know what to expect—and feel more confident every step of the way. It is also a helpful starting point before scheduling a divorce consultation in California. 

Before You File: The Basics of Divorce in California
Residency: Can You File in California?

Before beginning the California divorce process, at least one spouse must meet the state’s residency requirements:

  • You must have lived in California for at least six months. 
  • You must have lived in specific county where you are filing for a least three months.

If you have recently moved, you may need to wait before filing. A divorce consultation in California can help you decide exactly when and where to file.

Filing Fees and Financial Help

The filing fee to start a divorce typically ranges from $435 to $450, depending on your county. This fee is due when you file your paperwork.

If this fee creates a financial hardship, you can apply for a fee waiver to file at little to no cost.

You may qualify if:

  • You receive public benefits: Such as Medi-Cal, Food Stamps (CalFresh), WIC, or SSI.
  • You have a low income: Your household income falls below the specific limits on Form FW-001.
  • You can’t afford basic needs: If paying the fee means you can’t afford food, housing, or medical care.

Step 1: Choosing Your Path to Filing

There are three primary ways to begin the divorce process in California. Your choice depends on your assets, whether you have children, and how well you can work with your spouse.

Option 1: Summary Dissolution (The Simplest Path)

This is the fastest way to divorce, but it has very strict requirements. You must meet all of the following:

  • Married 5 years of less.
  • No children under 18.
  • Limited property, assets, and debt.
  • Both agree to waive spousal support and agree on all property division.
Option 2: Joint Petition (The Collaborative Path)

Starting January 1, 2026, a new streamlined “Joint Petition” option is available for couples who agree on all terms but don’t qualify for a summary dissolution (for example, couples with children or longer marriages).

  • No “Serving” Required: Since you file together, you don’t need to pay for a process server to “serve” your spouse.
  • Mutual Protection: The court immediately set rules preventing either person from moving children out of state or making major financial changes.
  • Standard Wait: You still must wait six months from the filing date for the divorce be final.
Option 3: Regular Divorce (The Standard Path)

If you do not fit the criteria above, you will follow the standard process. This starts by filing:

  • Petition (FL-100): This document officially asks the court for a divorce.
  • Summons (FL-110): This notifies your spouse of the case and their rights.
  • UCCJEA (FL-105): Required only if you have children.

Step 2: The Importance of Full Disclosure

California law requires both parties to be completely honest about their finances. You must fill our a Declaration of Disclosure listing all assets, debts, and income.

  • You must provide tax returns from the past two years.
  • You must disclose everything, whether you owned it before the marriage or acquired it during the marriage.
  • Note: If you have a pension, the rules are very technical. You must “join” the pension to the case to ensure the court can enforce orders against it later.

Step 3: Serving the Papers

Unless you file a Joint Petition, you must officially notify your spouse of the filing. This must be done by someone over 18 who is not you.

  • By Mail: Only if your spouse is cooperative and signs a “Notice and Acknowledgment of Receipt”.
  • Personal Service: Using a professional process server or sheriff is often the most reliable way to ensure the court accepts the notification.

Summary and Local Resources

While this guide provides a overview of the California divorce process, every family is unique. Filing the wrong forms can delay your case or even cause it to be dismissed.

If you are in the Fresno, or Kings County area, there are local resources available to help you navigate these steps:

  • Kings County: Self Help Center; 1640 Kings County Drive, Hanford, CA. (559) 582-1010
  • Tulare County: Self Help Center; 221 S. Mooney Blvd, Visalia, CA. (559) 737-5500
  • Fresno County: Superior Court; 1130 O Street, Fresno; (559) 457-2143