How to Start a Divorce in California: Forms, Steps, and What to Expect
Quick Answer: To start a divorce in California, the filing spouse completes and files two court forms: the FL-100 Petition for Dissolution and the FL-110 Summons. The other spouse must be served with both documents and has 30 days to file an FL-120 Response. California imposes a mandatory six-month waiting period before any divorce can be finalized, regardless of how quickly the parties reach agreement.
If you are ready to file for divorce or have questions about the process, contact The Geller Firm at (415) 840-0570 for a confidential consultation.
What Are the First Steps to Filing for Divorce in California?
The divorce process in California begins when one spouse, called the petitioner, files two forms with the superior court in the county where they reside. The other spouse is called the respondent. Filing these forms opens the case, assigns a case number, and triggers automatic legal protections that apply to both parties immediately.
The two forms required to initiate a California divorce are:
FL-100: Petition for Dissolution of Marriage or Domestic Partnership
FL-110: Summons
What Is the FL-100 Petition for Dissolution?
The FL-100 is the primary filing document that formally initiates a California divorce. It requires the petitioner to provide basic identifying information and state their preferences on the major issues the divorce will need to resolve.
Information required on the FL-100 includes:
Full legal name, phone number, address, and email
Whether you are represented by an attorney or filing in pro per, meaning self-represented
The county where you reside, which determines which superior court handles your case
Your spouse's full legal name, listed in the Respondent section
The legal nature of your relationship, whether marriage or domestic partnership
Statistical facts about the marriage, including the date of marriage and date of separation
Whether you and your spouse have minor children together
The legal grounds for divorce, which in California is irreconcilable differences in the vast majority of cases
Your preferred child custody arrangement
Whether you are seeking child support or spousal support
A description of separate property, community property, and quasi-community property
Any other requests, such as attorney's fees or restoration of a former name
The FL-100 is deceptively involved. At the very outset of the case, it asks you to take positions on some of the most consequential issues in a divorce, including custody, support, and property. Completing it thoughtfully, and with legal guidance, sets the tone for the entire proceeding.
What Is the FL-110 Summons?
The FL-110 is the Summons in a California family law case. It is simpler to complete than the FL-100 but carries significant legal weight. The Summons identifies the petitioner and respondent, the court handling the case, and the attorney or self-represented party's contact information. It is stamped, dated, and signed by the court clerk upon filing and must then be formally served on the respondent.
What Are Automatic Temporary Restraining Orders?
Page two of the FL-110 contains the Standard Family Law Restraining Orders, commonly called Automatic Temporary Restraining Orders or ATROs. These orders take effect automatically the moment the petitioner files the case and apply to the respondent the moment they are served.
ATROs prohibit both parties from taking the following actions without written consent from the other spouse or a court order:
Removing minor children from California or applying for a passport for any minor child
Altering insurance coverage, including cashing out, borrowing against, canceling, transferring, or changing the beneficiaries of any insurance policy covering either party or the children
Disposing of or encumbering property, including transferring, concealing, hypothecating, or disposing of any asset outside the ordinary course of business or necessities of life
Modifying non-probate transfers, such as beneficiary designations on retirement accounts, pay-on-death accounts, or similar instruments
Both parties must also give at least five business days' written notice before incurring any extraordinary expenses and must account to the court for any such expenses made after the ATROs take effect. One important exception: community property funds may be used to hire a divorce attorney or pay court filing fees.
Violating an ATRO can result in contempt of court and significant consequences in the divorce proceeding itself. Both parties should review the ATROs carefully as soon as the case is filed.
What Happens After the Petition and Summons Are Filed?
Once the FL-100 and FL-110 are filed with the court clerk and a case number is assigned, the petitioner must arrange for formal service of process on the respondent. Service requires delivering a copy of the filed FL-100 and the FL-110 to the respondent in accordance with California law. The petitioner cannot personally serve the respondent. Service must be completed by a third party, such as a process server or sheriff's deputy.
What Is the FL-120 Response?
The FL-120 is the Response to the Petition for Dissolution. After being served, the respondent has 30 days to complete and file the FL-120 with the court. The Response allows the respondent to agree or disagree with the positions taken in the Petition and to state their own preferences regarding custody, support, and property division.
If the respondent fails to file a Response within 30 days, the petitioner may request a default. In a default divorce, the court may resolve the case based solely on the petitioner's submissions, without the respondent's input or participation.
How the case proceeds after the Response is filed depends on the level of cooperation between the parties. An uncontested divorce, where both parties agree on all issues, moves significantly faster and at lower cost than a contested divorce requiring court intervention.
How Long Does a Divorce Take in California?
California imposes a mandatory six-month waiting period before a divorce can be finalized, regardless of how quickly the parties agree on all issues. The six-month clock begins on the date the respondent is served with the Petition and Summons.
This waiting period is sometimes called a cooling-off period. The legislature built it in to give both spouses time to reconsider before the marriage is permanently dissolved.
For straightforward, uncontested divorces, the process often concludes shortly after the six-month period ends. For contested divorces involving disputes over custody, support, business assets, or real property, the process can extend to a year or more, and complex cases sometimes take several years to fully resolve.
Do I Need a Divorce Attorney to File in California?
California allows individuals to represent themselves in divorce proceedings, referred to as filing in pro per. However, even a divorce that appears straightforward at the outset can become complicated quickly. The FL-100 asks you to take early positions on custody, support, and property that can affect your rights throughout the case.
Working with an experienced California divorce attorney from the beginning helps ensure that:
Your initial filings accurately reflect your interests and goals
You understand the legal and financial implications of each position you take
You are fully protected by the ATROs and understand what they require
You are not disadvantaged if the other spouse retains counsel
Frequently Asked Questions
Does it matter which spouse files first? Filing first does not create a legal advantage in California in terms of how assets are divided or custody is determined. However, the petitioner controls the initial framing of the issues and establishes the venue by choosing which county court to file in.
What are the residency requirements to file for divorce in California? At least one spouse must have lived in California for at least six months and in the county where the petition is filed for at least three months immediately before filing.
Can I file for divorce if my spouse does not want one? Yes. California is a no-fault divorce state. Neither spouse can prevent the other from obtaining a divorce. If the respondent does not participate, the case can proceed as a default.
What is a legal separation as opposed to a divorce? A legal separation resolves the same issues as a divorce, including property division, custody, and support, but does not terminate the marriage. Some couples pursue legal separation for religious reasons or to maintain certain insurance or benefits tied to marital status.
What is quasi-community property? Quasi-community property refers to property acquired by either spouse while living outside California that would have been community property had it been acquired in California. California courts treat quasi-community property similarly to community property upon divorce.
Speak With a California Divorce Attorney
Starting a divorce in California is straightforward in theory but consequential in practice. The decisions you make at the filing stage can shape the entire trajectory of your case. The Geller Firm represents clients across California in all stages of the divorce process, from initial filing through final judgment, including contested proceedings involving custody, support, and complex property division.
We offer confidential virtual and in-person consultations from our Walnut Creek office.
Call (415) 840-0570 or contact us online to schedule your consultation.