Family Law Resources

Filing for Divorce in California

Residency Requirements

To file for divorce in California:

• You or your spouse must have lived in California for at least 6 months


• You must have lived in the county where you file for at least 3 months

Note: For legal separation, there is no residency requirement.

Step-by-Step Process

1. Complete the forms: Petition (FL-100), Summons (FL-110), and other required forms


2. File with the court: Submit forms to the Superior Court clerk in your county


3. Pay the filing fee: Approximately $435-$450 (fee waiver available for low income)


4. Serve your spouse: Your spouse must be formally served with the divorce papers


5. Wait 6 months: California has a mandatory 6-month waiting period from service


6. Complete financial disclosures: Both parties must exchange financial information


7. Finalize: Submit final judgment forms to the court

Grounds for Divorce

California is a no-fault divorce state. The only grounds are:

• Irreconcilable differences


• Incurable insanity

California Family Courts

Family law cases in California are handled by the Superior Court in each county. California has 58 counties, each with its own Superior Court.

Major Court Locations

• Los Angeles County: Stanley Mosk Courthouse, 111 N Hill St, Los Angeles


• San Diego County: Central Courthouse, 1100 Union St, San Diego


• Orange County: Lamoreaux Justice Center, 341 The City Dr S, Orange


• San Francisco County: Civic Center Courthouse, 400 McAllister St


• Sacramento County: William R. Ridgeway Family Relations Courthouse, 3341 Power Inn Rd

Family Law Facilitator

Every California Superior Court has a Family Law Facilitator office that provides free assistance to self-represented litigants. They can help with:

• Completing court forms


• Understanding court procedures


• Child support calculations


• Mediation referrals

Self-Help Centers

Many courts also have Self-Help Centers with staff attorneys who provide free legal information (not legal advice).

Filing Fees in California

Current Fee Schedule (2025)

• Petition for Dissolution (Divorce): $435-$450


• Response to Petition: $435-$450


• Request for Order (Custody/Support Motion): $60-$80


• Judgment: No additional fee

Fees vary slightly by county.

Fee Waiver

If you cannot afford the filing fee, you can apply for a fee waiver using Form FW-001. You may qualify if:

• You receive public benefits (CalFresh, Medi-Cal, SSI, etc.)


• Your household income is below 125% of the federal poverty level


• You cannot pay for basic necessities if you pay the fee

Other Potential Costs

• Process Server: $50-$150 to serve papers


• Mediation: Court-connected often free; private $200-$500/hour


• Custody Evaluation: $3,000-$15,000 if ordered


• Attorney fees: $300-$500+/hour (varies widely)

Free Legal Resources in California

Legal Aid Organizations

• Legal Aid Foundation of Los Angeles: (800) 399-4529


• Bay Area Legal Aid: (800) 551-5554


• Legal Aid Society of San Diego: (877) 534-2524


• Inland Counties Legal Services: (888) 245-4257


• California Rural Legal Assistance: (800) 337-0690

Court Self-Help Centers

Every California Superior Court has a Self-Help Center where you can get free help with forms and procedures. No appointment needed.

California Courts Online Help

Visit selfhelp.courts.ca.gov for:

• Interactive court forms


• Step-by-step instructions


• Information in multiple languages


• Virtual self-help workshops

Lawyer Referral Services

Local bar associations offer referral services with free or low-cost consultations:

• Los Angeles County Bar: (213) 243-1525


• San Francisco Bar: (415) 989-1616


• Orange County Bar: (949) 440-6747

Critical Deadlines in California

Response Time

If you are served with divorce papers, you have 30 days to file a Response. Failure to respond may result in a default judgment.

6-Month Waiting Period

California has a mandatory 6-month waiting period from the date your spouse is served. Your divorce cannot be finalized until this period ends.

Temporary Orders

Requests for temporary custody, support, or restraining orders typically have a hearing within 21-25 days of filing.

Financial Disclosures

Preliminary Declaration of Disclosure must be served within 60 days of filing the Petition or Response.

Appeals

You have 60 days from the date of mailing of the judgment to file a Notice of Appeal.

Child Support Modifications

There is no waiting period to request modification if there is a significant change in circumstances.

California's Unique Family Law Features

Community Property State

California is one of only 9 community property states. All property acquired during marriage is presumed to be owned equally (50/50) by both spouses, regardless of who earned it.

Putative Spouse Doctrine

California recognizes the putative spouse doctrine. If you believed in good faith that you were legally married (even if the marriage was later found invalid), you may have the same property rights as a legal spouse.

Domestic Partnership

California recognizes registered domestic partnerships with the same rights and obligations as marriage. Dissolution follows the same process as divorce.

Mandatory Mediation

Before any contested custody hearing, California requires mandatory child custody mediation. Some counties are "recommending" (mediator makes recommendation to judge) and some are "non-recommending."

Move-Away Cases

California has specific rules for when a custodial parent wants to relocate with the child. The other parent must be notified, and the court applies the "best interest" standard.

Bifurcation

California allows bifurcation - ending your marriage legally while other issues (property, support) remain pending. This lets you remarry before everything is resolved.