Here’s a simplified breakdown of what you can expect during the California divorce process:
Note: Your case may take longer depending on complexity, cooperation, and court backlog.
To initiate a divorce in California, you or your spouse must meet certain residency requirements. Specifically, at least one of you must have lived in California for the past six months and in the county where you plan to file for at least three months.
The first step is to complete and file the necessary court forms, including the Petition (Form FL-100) and the Summons (Form FL-110). If you have children under 18, you’ll also need to complete a Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (Form FL-105). These forms are available on the California Courts Self-Help Guide.
After filing, you must serve your spouse with copies of the filed documents. This means someone other than you, who is at least 18 years old, must deliver the papers to your spouse. Your spouse then has 30 days to file a response with the court.
California law requires a mandatory six-month waiting period before a divorce can be finalized. This period begins on the date your spouse is served with the divorce papers. It’s important to note that this is the minimum timeframe; the actual duration may be longer depending on various factors, such as the complexity of your case and how quickly you and your spouse can reach agreements on key issues.
Several steps occur between filing for divorce and finalizing it:
Both parties are required to exchange financial information, including details about income, expenses, assets, and debts. This step ensures transparency and helps in making fair decisions regarding property division and support.
If you’re the spouse who filed for divorce (the petitioner), you must complete your preliminary disclosures within 60 days of filing. If you’re the responding spouse (the respondent), you must do so within 60 days of filing your Response. If you didn’t respond but still want the court to approve an agreement, you’ll also need to complete this disclosure step.
Either spouse can request temporary court orders for issues like child custody, child support, spousal support, or restraining orders. These orders remain in effect until the final judgment is entered.
If there are disputes over financial matters or other issues, the discovery process allows both parties to gather additional information through methods like interrogatories, depositions, and subpoenas.
Many couples are able to resolve their differences through negotiation or mediation, which can be a less adversarial and more cost-effective approach than going to trial.
As you move through the divorce process, you and your spouse will need to make decisions about important issues like dividing property, child custody, and support. There are several ways to do this. Some couples are able to work out agreements together, either by talking directly, communicating by phone or email, or getting help from a neutral third party like a mediator. Reaching an agreement doesn’t mean you have to sit in the same room—it just means you’ve come to a mutual understanding about the terms. Once you agree, you’ll need to put those decisions in writing so the court can review and approve them.
If your spouse chooses not to participate in the case and never files a Response, you may be able to move forward without their input. In this type of default divorce, you can submit paperwork to the court explaining what you’re asking for. The court still needs to approve your requests, but your spouse’s silence won’t stop the process.
If you and your spouse cannot reach an agreement on all issues, your case will go to trial. A judge will then make the final decisions on contested matters.
Once all issues are resolved, either through agreement or court decision, and the six-month waiting period has passed, the court can issue a Judgment of Dissolution. If everything is in order, the court will issue a Notice of Entry of Judgment, which officially ends the marriage. The effective date of the divorce is listed on the judgment and serves as the legal date of termination. It’s important to wait until this notice is filed before making changes to legal documents like your taxes, name, or insurance.
In cases where you and your spouse can’t agree—whether on some or all of the issues—you can ask the court to make those decisions for you. The court may give you additional chances to reach an agreement through mediation or a settlement conference, but if no resolution is reached, a judge will decide the unresolved matters at trial.
If you need help before the divorce is final, such as temporary spousal support or a custody schedule, you can also ask the court to make temporary orders to manage those issues while the case is ongoing.
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While California law sets a minimum six-month waiting period before a divorce can be finalized, many cases take longer. One major cause of delay is disagreement over key matters such as child custody, spousal support, or division of property. When spouses can’t reach an agreement, negotiations can drag on, and unresolved issues may eventually lead to a trial.
Incomplete or inaccurate paperwork is another frequent setback. If required forms are missing, filed incorrectly, or not served properly, the court may reject them—forcing you to start over or correct errors before moving forward. Cooperation between both parties also plays a big role. If one spouse refuses to participate, respond, or provide financial information, it can stall progress and lead to more court involvement.
Additionally, high-conflict or complex financial cases, such as those involving multiple properties, business interests, or large amounts of debt, often require more time to resolve. These situations may call for outside experts, like forensic accountants or appraisers, which can extend the divorce timeline.