In California, divorce is legally known as a “dissolution of marriage.” The process begins when one spouse files paperwork with the court to end the marriage. You don’t need to prove that anyone did anything wrong. California is a no-fault divorce state, which means the most common grounds for divorce is “irreconcilable differences.”
It’s important to understand the difference between divorce vs. separation in California. Divorce legally ends the marriage and allows you to remarry. Legal separation, on the other hand, lets spouses live separately while staying legally married. Some couples choose separation for religious, financial, or personal reasons.
You don’t need your spouse’s permission to file for divorce. However, if both of you agree on major issues like custody, support, and property division, the process can be much faster and less expensive.
To file for divorce in California, you or your spouse must have lived in the state for at least six months and in the county where you’re filing for at least three months. If you don’t meet these requirements, you may need to wait or consider legal separation until you qualify.
To begin, you’ll need to complete several court forms. The most common are:
These forms are available online through the California Courts Self-Help Center. Your attorney can help you prepare the documents properly and ensure all required information is included.
Once your forms are completed, they must be filed with the Superior Court in the county where you meet residency requirements. There is a filing fee (typically around $435–$450), but fee waivers are available for those who qualify. Many counties allow attorneys to file documents electronically.
After the forms are filed, you must officially serve your spouse with the papers. This must be done by someone other than you who is over the age of 18. Your spouse then has 30 days to respond. If they do not respond, you may proceed with a default case.
California requires both spouses to share full financial disclosures early in the divorce. This includes documents showing your income, expenses, assets, and debts. This step is crucial for dividing property fairly and determining support. For more on this requirement, visit the financial disclosure section of the self-help guide.
If you and your spouse agree on all the terms of the divorce—including property division, custody, and support—you can file as an uncontested case. This option is faster, less expensive, and usually avoids court hearings.
When this happens, the case is often processed as a default with agreement, or as a true uncontested divorce. You’ll still need to complete the same forms and file them with the court, but the judge can finalize your case without a trial.
Even in cases where both spouses agree, it’s helpful to have a lawyer review your marital settlement agreement and ensure all paperwork is complete. This protects both parties and avoids delays.
If you’re wondering how to file for divorce in California when both parties agree, this path can make the process much smoother—and working with a lawyer can help you complete it correctly the first time.
The court filing fee for divorce in California is usually between $435 and $450, depending on the county. If both parties are actively participating, each may need to pay a filing fee unless a fee waiver is granted.
Other possible costs include:
If you’re concerned about costs, ask your attorney whether a fee waiver might apply to your case.
Schedule a Consultation
Filing for divorce involves more than just paperwork. A lawyer helps ensure that forms are accurate, deadlines are met, and your rights are protected. They can represent you in court, negotiate on your behalf, and help avoid costly mistakes that could delay your case or affect your outcome.
Even in situations where spouses agree on everything, a lawyer can still be a valuable resource. They can help draft a clear settlement agreement, avoid legal errors, and make sure the final orders reflect your intentions.
At Atighechi Law Group, we guide clients through the California divorce process with professionalism, compassion, and clarity.