California Divorce Process: Step-by-Step Filing Guide

Step-by-Step Guide to California Divorce Proceedings

If you are thinking about getting divorced in California, but you don’t know where to start, then don’t worry. This article is a guide for you.

Getting divorced can indeed be one of the toughest times in our lives. Unfortunately, we can’t help you with everything you are going through. We can arm you with the essential information about how to file for divorce and what to expect. There is sufficient information out there, and it can be overwhelming, not least, when you have more crucial things to think about than reading endless legal documents. This guide will outline the whole process from start to finish and give you the clarity and confidence to know how to take your next steps.

Understanding California’s divorce process can help you navigate this challenging time with greater confidence and realistic expectations. The state’s structured yet flexible approach allows families to address their unique circumstances while ensuring fairness throughout the proceedings. From the initial filing to the final judgment, each step serves an important legal purpose designed to protect the rights of both parties.

At WGS Law, we guide clients through every stage of the California divorce process with more than 20 years of family law experience in San Mateo County Superior Court. Based in Redwood City, we combine knowledge of statewide divorce procedures with local court requirements that can directly influence your case timeline and outcome. Our comprehensive approach ensures you’re fully prepared at every phase while safeguarding your rights and interests.

Whether you are considering filing for divorce or responding to a petition, understanding how California’s no-fault divorce system works helps you make informed decisions and collaborate effectively with your legal team. While no-fault divorce streamlines many steps, proper preparation and experienced legal guidance remain essential for achieving favorable results while minimizing financial costs and emotional stress.

Before you learn how to file for divorce, it is worth asking yourself:

• Am I willing to learn?
• When things don’t go my way, what can I do to keep calm under stress?
• Will I be willing to listen to professional advice? Even if I don’t like it?
• Will I be willing to accept what I cannot change?

Right from the start, one thing that we cannot change is the law. Some people want to fight it, and some people work with it. But it never changes. If you are ready to work with it, and you have acceptable answers to the four questions above, then there is no reason why your divorce has to echo the divorce horror stories that we have all heard.

Every divorce starts with filing the petition and ends with the final judgment. The judgment includes facts about your finances, property, and children, and gives a ruling on how your assets will be divided, and custody of children will be arranged. It is also important to note that in California, there is a minimum waiting period of six months from the date of the petition until the divorce is finalized.

Initial Petition Requirements

The divorce process begins with filing a Petition for Dissolution of Marriage:

Form FL-100 Requirements:

• Standard petition form for all California divorce cases
• Must state grounds for divorce (typically irreconcilable differences)
• Specific requests for relief including property division, support, and custody
• Filing spouse’s information and service address for other spouse

Residency Requirements:

• At least one spouse must be California resident for six months before filing
• Filing spouse must reside in county where petition is filed for three months
• Military personnel stationed in California may qualify for residency
• Proper venue selection important for case management and procedures

Filing Fees and Costs:

• $435 filing fee for divorce petition (as of 2024)
• Additional fees for service of process ($75-$300)
• Fee waivers available for qualifying low-income parties
• Court may order one spouse to pay other’s attorney fees in appropriate case

The Divorce Petition (Family Law Form FL-100) is the document that starts the divorce process.
The spouse who files the petition is the ‘petitioner.’ The spouse who will be served with the petition is referred to as the ‘respondent.’ In this case, we assume you are the petitioner.

The petition includes facts about you and your spouse’s relationship, including dates of marriage and separation, your residence(s), and overall information about what the petitioner wants concerning crucial areas.

• It is necessary that you complete the Summons (Form FL-110). This form contains information about the divorce process. It is essential to know that it also places some limits on what you can and cannot do with your money and property and, if you have children, it prohibits you or your spouse from moving out of the state with them.
• If you and your spouse have children, and they are under the age of 18, then you will need to complete the Declaration Under Uniform Child Custody Jurisdiction Act (UCCJEA) (Form FL-105/GC-120).

If you hire us, at Woodman Garcia Sepulveda Law, we will help you with completing these forms and guide you through this detailed process. Once these forms are completed, you need to take them to your local courthouse and file them with the family law clerk’s office. We suggest making two copies of all the documents in advance. The clerk will keep the originals and return the two copies to you. One set is for you to keep, and the other must be served to your spouse.

Service of Process

By law, you must inform your spouse that the legal process for the divorce has begun. The forms mentioned above must be served to them. However, you cannot do this yourself. The ‘server’ must be either a friend or relative over the age of 18, a county sheriff, or a professional process server. The server must fill out a Proof of Service form and then present it to the court clerk.

Legal service ensures the other spouse receives proper notice of divorce proceedings:

Personal Service Methods:

• Direct delivery of papers to responding spouse by process server
• Must be served by someone over 18 who is not party to the case
• Proof of service filed with court confirming delivery
• Most reliable method ensuring proper legal notice

Alternative Service Options:

• Substituted service when personal service not possible
• Service by mail with spouse’s written acknowledgment
• Publication service as last resort when spouse cannot be located
• Court approval required for alternative service methods

Service Timeline:

• Spouse has 30 days to respond after being served
• Failure to respond may result in default judgment
• Extensions available in certain circumstances
• Proper service essential for court jurisdiction

Requesting support and or custody of children under the age of 18 will inevitably make the divorce process more complicated. However, read on, and we will outline what you need to know to make things as simple as possible.

Child support and spousal support payments are a complex issue and can be one of the major sticking points in negotiations. In brief, spousal support payments are calculated by assessing whether either of the spouses has given up their earning opportunities during the marriage to attend to other responsibilities for the couple’s benefit.

For example, Spouse 1 has taken care of the children and the home, and that has allowed Spouse 2 to pursue a career. In this case, Spouse 2 would likely be required to cover the cost of supporting the child and supporting Spouse 1 until Spouse 1 can secure an income. Even after that point, in many cases, payments would still be required.

There are two types of custody:

1. Physical custody: where the child will live
2. Legal custody: which parent has the right to make major life decisions regarding the child’s health, education, and welfare

If you want to secure either form of custody or visitation, you must request an order from the court. In some counties in California, you will also have to attend Child Custody Recommending Counselling. Many parents find this process extremely helpful in resolving custody disputes. If this applies to your county, or if you would like to explore the option voluntarily, you can find out more details here: FL-313-INFO: Child Custody Information Sheet.

Here are the steps to apply for custody and support:

You will be able to apply for custody and visitation orders only after you have filed for divorce. Because divorce proceedings take a minimum of six months, you can obtain temporary orders until the divorce judgment is finalized.

1. Mandatory Court Forms – You will need a Request for Order form (FL-300), and information form (FL-300-INFO).
2. Optional Court Forms – Child Custody and Visitation (Parenting Time) Application Attachment). This application can be helpful for you to create a plan for holidays and visits that is least disruptive to your children’s lives.
3. Filing with the Court Clerk – The process is the same as with the petition. You have to make two additional copies of each form, one for the court, one for you, and one for your spouse. Take all three to the court clerk, and then they will return the copies to you.
4. Court Date – You might be required to meet with a mediator before the court date. If so, the clerk will inform you. If you are not required to meet with a mediator, the clerk will provide you with the court date.
5. Serve Your Spouse’s Copy of the Documents – The same regulations apply as with serving the petition, so ensure you are familiar with the details listed above. Also, the FL-300 form may state that you must serve additional documents. If so, they must also be served to your spouse. The Proof of Service (Form FL-330) must then be filed at the court.

If you request child support, then there is a family law facilitator in every county who will give you free help and advice for preparing forms, explaining court procedures, and calculating child support payments.

It is worth noting that many of the steps to apply for a Child Support Order are the same as applying for custody, with the addition of some extra paperwork. Therefore, if you are applying for both, then you will be able to complete them at the same time.

Following the full request and response process, both you and your spouse should attend the court date specified on the Request for Order (FL-300) form. In most cases, the court will set a date for a mandatory settlement conference. Divorce in California typically has a two-stage process for child custody and support. The first stage is for the temporary orders, which remain in place until the divorce is finalized. The second stage comes at the final judgment and dictates the terms after the legal end of the marriage.

Hopefully, you and your spouse can reach an agreement regarding child custody and support at the settlement conference, and this agreement is carried forwards to the final judgment. However, in some cases, the parents can’t reach an agreement. If that is the case, then the issue will continue to the trial, and the judge will give final orders on the matter.

Sometimes, additional steps may be taken to attempt to resolve high-conflict issues.

These can include:

• Appointing a court investigator
• Appointing a private child custody evaluator
• Appointing a lawyer to act on behalf of the children
• Social services investigation and action if there is evidence of abuse or neglect.

The discovery process is the formal request for information or documentation from your spouse. It is an essential step in preparing for trial.

Discovery is the most expensive and time-consuming part of the divorce process. Lawyers typically spend the majority of their time on a divorce case on this stage. Although it can be tempting to minimize costs by representing yourself during the discovery process, it is not always advisable. Detailed knowledge of legal rules, procedures, and strategies is required, and the results can have a significant impact on your case.

The Informal Discovery

You can do this section yourself, a process of gaining information about your spouse, and other situations that are relevant to the divorce. It generally consists of interviewing witnesses, gathering relevant documents, such as police reports, reports from public agencies, medical information, and insurance coverage, and taking photos of the property, damage, and evidence of violence or neglect.

Formal Discovery Methods

This discovery is a legal process in which both parties aim to gain information about each other. When voluntary disclosure is insufficient, formal discovery tools are available:

• Interrogatories:
  • Written questions requiring sworn written responses
  • Limited to 35 questions unless court approves more
  • Must be answered within 30 days of service
  • Useful for obtaining detailed factual information
• Requests for Production of Documents:
  • Demands for specific documents and records
  • Bank statements, business records, and correspondence
  • Electronic records including emails and computer files
  • Third-party subpoenas for records from banks and employers
• Depositions:
  • Sworn testimony taken outside of court
  • Opportunity to question parties and witnesses under oath
  • Court reporter creates official transcript
  • Most expensive but often most effective discovery method

Expert Witness Discovery

Complex cases may require professional expert testimony:

• Business Valuation Experts:
  • Professional appraisers for closely-held businesses
  • Analysis of goodwill, assets, and earning capacity
  • Testimony regarding fair market value
  • Consideration of market conditions and industry factors
• Real Estate Appraisers:
  • Licensed professionals providing property valuations
  • Comparable sales analysis and market data
  • Consideration of property condition and improvements
  • Testimony regarding current fair market value
• Custody Evaluators:
  • Mental health professionals assessing family dynamics
  • Comprehensive evaluation of parents and children
  • Recommendations regarding custody arrangements
  • Testimony about children’s best interests

Discovery Timeline and Management

Effective case management requires strategic discovery planning:

• Discovery Cutoff Dates:
  • Court-imposed deadlines for completing discovery
  • Expert witness disclosure requirements
  • Motion filing deadlines
  • Trial preparation timelines
• Cost Management:
  • Strategic focus on most important issues
  • Efficient use of discovery tools
  • Early settlement discussions to avoid unnecessary costs
  • Professional case management and organization

Negotiating the terms of your divorce with your spouse can be a long process. However, if you are both able to reach an agreement, then your case will be resolved without the need for court hearings. This option can give you both the best possible outcome, and without the expense and stress of a trial. If you need more information on how to file for divorce, or about Divorce Mediation, please feel free to approach us for a personalized strategy session.

What Is a Settlement?

A marital settlement agreement, of MSA, is a legal contract between you and your spouse in which you agree on how to deal with all the issues involved in the divorce. You and your spouse can draw this agreement up on your own.

However, if you are unsure how to proceed, or about your rights and responsibilities, then it is highly advisable to obtain an attorney to do this for you. It will ensure that the agreement is both thorough and legally binding.

An attorney can also engage in negotiations on your behalf. Whether or not you decide to take this route is up to you. Every case is different, and for some people, an attorney’s help with negotiations can be unnecessary, while for others, it helps avoid stressful and counter-productive confrontations between the spouses. Once the MSA is completed, it will be submitted to the court for approval and review. This action will become one of the essential features of your divorce’s final judgment.

Minimum Waiting Periods

California law establishes minimum timeframes for divorce completion:

• Six-Month Rule:
  • Divorce cannot be finalized before six months from service of petition
  • Applies regardless of agreement between parties
  • Allows cooling-off period and settlement negotiations
  • Different from separation date for property and support purposes
• Typical Timeline Factors:
  • Case complexity and number of disputed issues
  • Court calendar availability and scheduling
  • Discovery requirements and completion
  • Settlement negotiations and mediation attempts

Case Type Timelines

Different types of cases have varying completion timeframes:

• Uncontested Divorces:
  • 7-12 months from filing to final judgment
  • Faster when parties agree on all major issues
  • Court processing time for review and approval
  • Document preparation and filing requirements
• Contested Divorces:
  • 12-36 months depending on complexity and conflict level
  • Discovery phase may take 6-12 months
  • Settlement negotiations and mediation attempts
  • Trial preparation and court availability
• High-Conflict Cases:
  • 24-36 months or longer for complex disputes
  • Extensive discovery and expert witness preparation
  • Multiple court hearings and motion practice
  • Appeals may extend timeline significantly

Factors Affecting Timeline

Several factors can accelerate or delay divorce proceedings:

• Accelerating Factors:
  • Early agreement on major issues
  • Complete financial disclosure and cooperation
  • Efficient discovery and case management
  • Professional mediation and settlement focus
• Delaying Factors:
  • Discovery disputes and non-compliance
  • Complex asset valuation requirements
  • High conflict and frequent court motions
  • Court calendar congestion and scheduling delays

References:

• Child support and response information form
• Child support and family law facilitator
• Serving spouse with child custody forms
• Child custody information sheet
• Petition — Marriage/Domestic Partnership
  

Related Divorce Resources:

• California Divorce Attorney – Complete guide to California divorce law
• Property Division in California Divorce – Asset division guidance
• Child Custody in California Divorce – Custody information
• Spousal Support in California Divorce – Alimony guidance
• California Divorce Costs – Fee information and payment options