1. Confirm the residency requirement
To file for divorce in California, at least one spouse must have lived in the state for the past six months and in the county where you file for the past three months.
If you don't meet the residency requirement yet, you may still be able to file for a legal separation and amend it to a divorce later.
2. Prepare and file the petition
The case starts with a Petition (form FL-100) and, when there are children, related custody and support forms. You file these with the superior court in your county and pay the filing fee (a fee waiver is available if you qualify).
This is where accurate paperwork matters most — errors or missing forms are a common reason petitions get rejected and delayed.
3. Serve your spouse
The other spouse must be formally served with the paperwork by someone over 18 who is not part of the case. In an uncontested divorce, the served spouse often signs a form acknowledging receipt and agreeing not to contest.
Proper service is legally important — the six-month clock (below) starts from the date of service.
4. Exchange financial disclosures
Both spouses must exchange declarations of their income, expenses, assets, and debts. This step is required even when everything is agreed — the court needs it to finalize the divorce.
A written marital settlement agreement records how you're dividing property, debts, and support, and becomes part of the judgment.
5. The six-month waiting period and judgment
California law imposes a mandatory six-month waiting period from the date the responding spouse is served before a divorce can be final. You can prepare and submit the judgment paperwork during this time.
Once the court approves the judgment and the waiting period has passed, the divorce is final.
Ready to start? We prepare Divorce & Family Law Documents at your direction — at a flat price quoted up front.
Frequently Asked Questions
Do both spouses have to agree for a divorce to be uncontested?
Yes — an uncontested divorce means both spouses agree on the major terms (property, support, custody). If you can't agree, the case is contested and typically needs an attorney. We can still prepare the documents for an uncontested case at your direction.
Can it really be final in exactly six months?
Six months is the earliest a California divorce can be final — the actual time depends on how quickly the paperwork is completed and the court's schedule. Getting the forms right the first time avoids delays that push it out further.
California Legal Document Excellence, LLC is not a law firm and does not provide legal advice or legal representation.