How to File for Divorce in California: A Step-by-Step Guide

Divorce in California doesn’t have to mean thousands of dollars in attorney fees. If your case is uncontested — meaning you and your spouse agree on the major issues — the process is largely about preparing the right Judicial Council forms correctly and filing them in the right order. Here’s how it works.

Step 1: Confirm your residency

To file for divorce in California, at least one spouse must have lived in the state for the past 6 months and in the filing county for the past 3 months. If you don’t meet this yet, you can file for legal separation first and amend later.

Step 2: Prepare and file the Petition

The case starts with the Petition (FL-100) and a Summons (FL-110). If you have minor children, you’ll also need the Declaration Under UCCJEA (FL-105). You file these with the superior court in your county and pay the filing fee (or request a fee waiver with form FW-001).

Step 3: Serve your spouse

Your spouse must be formally served and given a chance to respond. Service is completed by someone over 18 who is not you, and a proof of service is filed with the court.

Step 4: Financial disclosures

Both spouses exchange a Declaration of Disclosure, including the Income and Expense Declaration (FL-150) and a property declaration (FL-160). These are mandatory — a judgment can be set aside if they’re skipped.

Step 5: Settlement and Judgment

For an uncontested case, you prepare a Marital Settlement Agreement and the Judgment (FL-180) packet, including custody and support orders if you have children. Once approved, the court enters your judgment — though California’s mandatory 6-month waiting period must pass before the divorce is final.

How Curbside Legal helps

We prepare your entire uncontested divorce packet — every Judicial Council form, the settlement agreement, and the judgment — court-ready, starting at $995 (no children) or $1,250 (with children). That’s 40–70% below typical attorney rates. See pricing or start your intake.

Curbside Legal is a legal document preparation service, not a law firm, and does not provide legal advice. Court filing fees are separate.

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