6 Key Steps in a California Divorce

A roadmap from filing day to final judgment—complete with insider tips, deadlines and tools to stay on track.

Jump to Step 1 Courthouse steps leading to a California family-law division

California’s family-law system may look complex, but every divorce—contested or uncontested—follows the same six foundational phases. Mastering these phases prevents missed deadlines, reduces court rejections and keeps you in control of the timeline. Whether you hire counsel or pursue a do-it-yourself approach, the steps below apply. Think of them as mile-markers on a six-month highway: you can slow down or detour, but you cannot skip a marker.

This guide zooms into each phase with practical checklists, form names and filing tactics. If you prefer a broader overview first, visit our California Divorce Process page—then return here for the granular details.

Step 1: Confirm Eligibility & Residency

Six-Month / Three-Month Rule

Before you may file in any Superior Court, one spouse must have lived in California for at least six months and in the filing county for at least three months (Family Code §2320). Military families stationed in California can count their orders as residency even if their legal domicile is elsewhere.

Legal Separation vs. Divorce

If you miss the residency mark but need immediate orders, you may start with a legal separation. Later, convert the case to divorce once residency ripens—saving both time and another filing fee.

Obtain a certified marriage certificate (county recorder).
Verify county venue using our County Court Directory.
Military? Attach LES to the petition as proof of California stationing.

Pro Tip: On the edge of the three-month requirement? A free USPS change-of-address confirmation letter helps prove county residence when landlords or utility bills are unavailable.

Step 2: File the Petition & Complete Service

Core Forms & Fees

A typical opening packet includes FL-100 (Petition), FL-110 (Summons) and any county-specific cover sheet. Filing fees hover around $435, or submit FW-001 for a fee waiver. E-filing portals exist in 29 counties; the rest still require a clerk window.

Form	Purpose	When to File
FL-100	Opens the case; states basic facts & requests	Day 1
FL-110	Puts spouse on notice; triggers ATROs	Day 1
Local Cover Sheet	Routing & department assignment	Day 1

Service Methods

Personal delivery by a non-party adult remains gold-standard. Alternatives include mail plus FL-117 Notice & Acknowledgment. Substituted service or publication requires court permission.

Bring two pre-stamped, self-addressed envelopes; many clerks mail back file-stamped copies.
See our Divorce Paperwork Checklist for rejection pitfalls.

Step 3: Exchange Preliminary Financial Disclosures

Deadlines & Distinctions

Each spouse must serve a Preliminary Declaration of Disclosure within 60 days of filing their first pleading. Use FL-142 Schedule of Assets & Debts or FL-160 Property Declaration alongside an FL-150 Income & Expense Declaration.

What to Gather

Three months of pay stubs or profit-and-loss statements.
Bank, brokerage and retirement account statements.
Real-estate deeds & most recent mortgage statements.

Courts impose monetary sanctions for incomplete or late disclosures. Don’t estimate account balances—attach the actual statements.

For a deeper dive, visit our Financial Disclosure Guide.

Step 4: Secure Temporary Orders (If Needed)

When to File an RFO

Urgent issues—child custody, support, exclusive home use—cannot wait for judgment. File FL-300 Request for Order. Hearing dates typically fall 20–40 days out; serve at least 16 court days before.

What to Attach

Sworn declaration (narrative statement).
Recent pay stubs or proof of income.
Proposed parenting plan (if custody is in play).

Bundle multiple issues (support + custody + property control) into one RFO to conserve filing fees. Learn more in First Court Hearing Prep and Spousal Support Guide.

Step 5: Settlement, Mediation & Trial Preparation

Mediation & Settlement Conference

California courts favor settlement. You may attend private mediation or the court-run Mandatory Settlement Conference (MSC). A comprehensive Marital Settlement Agreement (MSA) speeds judgment entry and saves trial costs. Partial settlements are possible—any unresolved issues move forward to trial.

Trial-Readiness Checklist

Exchange exhibit lists and witness lists.
Prepare a trial brief summarizing requests and evidence.
File any Evidence Code §730 expert reports.

Review mediation pros and cons in Mediation vs. Litigation and brush up on asset division strategy via Property Division 101.

Step 6: Final Judgment & Post-Order Tasks

Judgment Packet

Submit FL-180 with the signed MSA (or trial orders), plus two stamped envelopes addressed to each party. The court cannot enter judgment until at least six months after the respondent was served—the statutory “cooling-off” period.

Post-Judgment To-Dos

Draft Qualified Domestic Relations Order (QDRO) for retirement splits.
Update wills, trusts and beneficiary designations.
Change name with SSA and DMV if desired.
Set up wage assignment for support payments.

Practical tip: order three certified copies of the judgment while at the clerk window. Banks, DMV and passport agencies often require embossed versions.

Explore enforcement strategies in Enforcement Options or learn retirement-split mechanics in Retirement Accounts Guide.

Interactive Divorce Steps Checklist

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Frequently Asked Questions

Unfortunately no. The six-month “cool-off” is statutory and absolute. Couples may finish paperwork early, but marital status does not terminate until the period lapses. If you need immediate child or spousal support, file temporary orders while waiting.

You can serve a Request to Enter Default or file a motion to compel. Judges may issue evidentiary or monetary sanctions and even bar the non-compliant spouse from introducing undisclosed documents at trial.

California has no statewide class requirement, but many counties mandate orientation or mediation before custody hearings. Check your court’s family-law website for local rules.

Trial length hinges on disputed issues: a custody-only trial may finish in one day, while complex asset cases span several weeks spread across non-consecutive dates. Expect three to twelve months between MSC and the first trial day.

California presumes equal division of community assets, but separate property remains with the original owner. Spouses can agree to unequal splits through negotiation, or courts can deviate if valuation evidence justifies it.

Related Guides

California Divorce Paperwork – full checklist of every required form.
Parenting Plan Basics – craft schedules judges approve.
How Spousal Support Works – guideline math and duration rules.