Filing for divorce in California without a lawyer is possible when both spouses agree on major issues. California calls divorce a Dissolution of Marriage and has a mandatory 6-month waiting period from the date the other spouse is served. The filing fee is approximately $435. This guide explains every step of the DIY divorce process in California.
Who qualifies for a divorce without a lawyer in California?
California offers a Summary Dissolution for couples who meet specific requirements, and a regular uncontested dissolution for all other cases. You may qualify for Summary Dissolution if:
- You have been married less than 5 years
- You have no children together and neither spouse is pregnant
- You do not own real estate
- You have limited debts and assets below certain thresholds
- Neither spouse is seeking spousal support
- Both spouses agree on how to divide all property and debts
If you do not qualify for Summary Dissolution, you can still file a regular uncontested dissolution without a lawyer if both spouses agree on all issues.
California residency requirement
At least one spouse must have been a resident of California for a minimum of 6 months before filing for dissolution of marriage, and a resident of the county where you file for at least 3 months. You must file in the Superior Court of your county.
California divorce waiting period
California has a mandatory 6-month waiting period from the date the other spouse is served before the dissolution can be finalized. This is one of the longest waiting periods in the United States and cannot be waived under any circumstances. Even if both spouses agree on everything, the divorce cannot be finalized before 6 months have passed.
Step-by-step divorce process in California
Step 1 — Download California dissolution forms
California provides free divorce forms through the California Courts website at courts.ca.gov. California has one of the most comprehensive self-help systems in the country with complete form packets, instructions, and a guided interview tool called the Judicial Council forms.
Step 2 — File at your county Superior Court
File your completed Petition for Dissolution of Marriage at the Superior Court in your county. The filing fee is approximately $435 in most California counties. Los Angeles, San Francisco, and other large counties may have the same base fee but different administrative charges.
Step 3 — Serve your spouse
After filing, your spouse must be formally served with the Petition and Summons. In California, you cannot serve your spouse yourself — someone else over 18 who is not a party to the case must do it. Your spouse then has 30 days to file a Response. The 6-month waiting period begins on the date your spouse is served.
Step 4 — Complete financial disclosure
California requires both spouses to complete and exchange financial disclosure documents called a Declaration of Disclosure. This includes a Schedule of Assets and Debts and an Income and Expense Declaration. This is mandatory even for uncontested cases and must be completed before the divorce can be finalized.
Step 5 — Sign the Marital Settlement Agreement
Both spouses sign a Marital Settlement Agreement covering all property, debts, spousal support, and — if applicable — child custody and support. This agreement becomes part of the final divorce judgment.
Step 6 — Submit final judgment documents after 6 months
After the 6-month waiting period, submit your proposed Judgment of Dissolution of Marriage to the court. For uncontested cases in California, you typically do not need to appear in court — the judge reviews the paperwork and signs the judgment.
Required forms for divorce in California
- FL-100 — Petition for Dissolution of Marriage
- FL-110 — Summons (Family Law)
- FL-115 — Proof of Service of Summons
- FL-120 — Response (if spouse files one)
- FL-140 — Declaration of Disclosure
- FL-142 — Schedule of Assets and Debts
- FL-150 — Income and Expense Declaration
- FL-180 — Judgment (Dissolution of Marriage)
- Marital Settlement Agreement signed by both spouses
- If children are involved: FL-311 Parenting Plan and Child Support forms
All forms are available free at courts.ca.gov.
How much does a divorce cost in California?
The court filing fee in California is approximately $435 in most counties. Your spouse pays approximately $435 to file a Response if they choose to do so. For a DIY uncontested dissolution, your total court costs are typically $435–$650. Attorney fees for an uncontested divorce in California typically range from $1,500 to $5,000. Contested divorces with attorneys in California are among the most expensive in the country, often costing $20,000–$50,000 or more.
How long does a divorce take in California?
The minimum time for any divorce in California is 6 months due to the mandatory waiting period. Most uncontested DIY divorces in California are finalized in 6–9 months. Contested divorces typically take 12–24 months or longer. California courts in large counties like Los Angeles and San Francisco often have significant processing backlogs that can extend timelines.
Frequently asked questions — California divorce
Is California a community property state?
Yes. California is one of nine community property states. Most assets and debts acquired during the marriage are considered equally owned by both spouses and are divided 50/50 in a divorce unless both spouses agree otherwise in a Marital Settlement Agreement.
Is California a no-fault divorce state?
Yes. California is a pure no-fault divorce state. The only grounds for dissolution of marriage in California are irreconcilable differences or permanent legal incapacity. You do not need to prove wrongdoing by either spouse.
What is a Summary Dissolution in California?
A Summary Dissolution is a simplified divorce process available to couples who meet specific requirements — married less than 5 years, no children, limited assets and debts, and no real estate. Both spouses file