California divorce filing requires meeting specific residency requirements, choosing the correct venue, and submitting mandatory court forms. This comprehensive checklist covers everything you need for a California divorce: residency rules under Family Code § 2320, required forms like FL-100 and FL-110, and the $435 filing fee. Whether you're just starting to understand the divorce process or ready to file, this guide provides a clear roadmap for 2025.
California Divorce Residency Requirements
Before you can file for California divorce, you must meet the state's residency requirements. Under California Family Code § 2320, at least one spouse must have lived in California for at least 6 months and in the county where you plan to file for at least 3 months before starting the California divorce process.
Only one spouse needs to meet these requirements—not both. If you don't meet the residency requirements yet, you can file for legal separation (which has no residency requirement) and convert it to a divorce later. Same-sex couples who married in California but now live in a state that doesn't recognize their marriage can file in the California county where they were married.
Choosing the Right Venue for Filing
Venue refers to which county you file in. You must file in a county where you've lived for at least 3 months. Most people file in the county where they currently live, but if you recently moved within California, you'll need to wait until you've lived in the new county for 3 months or file in your previous county.
The venue choice matters for court appearances and local rules. Each California county has its own family law procedures, mediation requirements, and filing systems. Check your county's Superior Court website for specific local rules and e-filing options.
Required Forms for California Divorce Filing
Every California divorce starts with two mandatory forms for filing:
- FL-100 (Petition—Marriage/Domestic Partnership): This form officially starts your divorce case and identifies all the issues you want the court to resolve, including property division, spousal support, and child custody.
- FL-110 (Summons): The summons notifies your spouse that you've filed for divorce and informs them they have 30 days to respond. It also includes automatic temporary restraining orders that prevent both parties from making major financial decisions during the divorce.
If you have minor children, you must also file FL-105 (Declaration Under UCCJEA), which provides information about where your children have lived for the past 5 years. This form is required by California Rules of Court 5.52 for all cases involving children.
You can download all official California divorce forms from the California Courts Self-Help Guide.
Calculate Your Estimated Divorce Costs
Before filing, it's helpful to understand the full financial picture of your divorce. Use our free calculator to get a personalized estimate based on your specific situation in California.
Divorce Cost Calculator
Get a personalized estimate of your potential divorce costs based on your situation and location
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Significant disagreements requiring legal help
Child custody/support decisions needed
You've agreed how to divide property
Disclaimer: These estimates are based on national averages and research data. Actual costs may vary significantly. This calculator is for planning purposes only and does not constitute legal or financial advice. Consult with qualified professionals for personalized guidance.
California Divorce Filing Fees and Costs
The statutory base filing fee for California divorce is $355 per party under Government Code § 70670. However, most counties add local surcharges, bringing the typical total to $435 for the petitioner (the person filing) and $435 for the respondent (the spouse who files a response). Beyond filing fees, California divorce costs can include service fees, mediation, and attorney fees depending on your case complexity—learn more in our guide to saving money on divorce.
If you cannot afford the filing fee, you can apply for a fee waiver using forms FW-001 (Request to Waive Court Fees) and FW-003 (Order on Court Fee Waiver). The California Courts fee waiver page has income guidelines and instructions for applying.
Next Steps After Filing Your California Divorce
Once you file your FL-100 and FL-110 California divorce forms and pay the filing fee, you must have your spouse formally served with copies of the filed documents. California law requires personal service by someone over 18 who is not a party to the divorce. Your spouse then has 30 days to file an FL-120 (Response) form.
California has a mandatory 6-month waiting period before your divorce can be finalized, starting from the date your spouse is served or first appears in court. This waiting period applies to all divorces in California under Family Code § 2339, even if both parties agree on everything. For a detailed breakdown of each phase from filing to final decree, see our complete California divorce timeline guide.
Frequently Asked Questions
Can I file for divorce in California if my spouse lives in another state? Yes, as long as you meet California's residency requirements (6 months in California, 3 months in the county). Your spouse's location doesn't matter for filing, though you'll need to arrange proper service of documents.
What if I just moved to a new county in California? You can file in your previous county until you've lived in the new county for 3 months. After 3 months, you can file in either county.
Do both spouses need to meet the residency requirements? No, only one spouse needs to meet the 6-month California and 3-month county residency requirements. The other spouse can live anywhere.
