The Divorce Process in California

California is a pure no-fault state — "irreconcilable differences" is the only ground for divorce. You do not need your spouse's agreement or consent. Your spouse cannot prevent the divorce by refusing to participate. California has a mandatory 6-month waiting period from the date your spouse is served with the divorce papers. No matter how amicable your divorce or how quickly you reach agreement on all issues, the divorce cannot be finalized in less than 6 months. This waiting period runs from the date of service, not the date of filing. You must meet residency requirements: at least 6 months in California and 3 months in the county where you file. If you recently moved to California, you may need to wait before filing. Alternatively, you can file a petition for legal separation (no residency requirement) and later convert it to a divorce once residency is established.

**Standard Dissolution** is the typical divorce process. File a Petition (FL-100), serve your spouse, exchange financial disclosures, resolve all issues (by agreement or trial), and obtain a judgment. **Summary Dissolution** is a simplified, faster process available only if ALL of the following apply: - Married less than 5 years - No children (none born or adopted, and wife is not pregnant) - Neither spouse owns real estate - Community property debts are under $6,000 (excluding car loans) - Community property assets are under $50,000 (excluding cars) - Neither spouse has separate property over $50,000 (excluding cars) - Both spouses waive spousal support - Both spouses sign the joint petition Summary Dissolution costs less, requires fewer forms, and both parties can file jointly. If you qualify, it's significantly simpler than standard dissolution.

**Step 1 — File the Petition.** Complete and file Form FL-100 (Petition) and FL-110 (Summons) at the Superior Court in your county. Filing fee is $435-$450 depending on the county. If you cannot afford the fee, file Form FW-001 for a fee waiver. **Step 2 — Serve your spouse.** You must have someone over 18 (not you) personally serve the Petition and Summons on your spouse. After service, the server completes Form FL-115 (Proof of Service). Your spouse has 30 days to file a Response (FL-120). **Step 3 — Exchange financial disclosures.** Both parties MUST complete Preliminary Declarations of Disclosure — Form FL-142 (Schedule of Assets and Debts) and FL-150 (Income and Expense Declaration). These must be served within 60 days of filing. The divorce cannot be finalized without completed disclosures. **Step 4 — Negotiate or litigate.** If you agree on all issues, prepare a Marital Settlement Agreement (FL-180). If you disagree, the court will schedule hearings, conferences, and potentially trial. **Step 5 — Request entry of judgment.** After the 6-month waiting period and once all issues are resolved, file FL-170 (Request for Judgment). The court reviews the paperwork and enters the final judgment. **Step 6 — Divorce is final.** The divorce is final when the court enters the judgment. You receive a Notice of Entry of Judgment and can remarry.