Starting the Divorce Process in California
Spouses looking to get a divorce often don’t know where to begin. Here’s how to start a divorce in California.
To start a divorce in California, the spouse filing for divorce should fill out, review, file, and serve necessary divorce papers with their local court. Spouses can then pursue mediation, arbitration, or trial to settle divorce terms, which will then be drafted and sent to a judge for approval.
Prepare the Forms Necessary to Start a Divorce
To start a divorce, the spouse filing for divorce (petitioner) must file these forms with the local court clerk:
- Petition — Marriage/Domestic Partnership (Form FL-100)
- Summons (Family Law) (Form FL-110)
If additional space is needed to list property and debts, the petitioner can fill out:
- Property Declaration (Family Law) (Form FL-160)
If children under the age of 18 are involved in the divorce, the petitioner can fill out:
- Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (Form FL-105/GC-120)
- Child Custody and Visitation (Parenting Time) Application Attachment (Form FL-311)
Make two copies of each completed form: one for you and one for your spouse.
Have an Attorney Review Your Forms
These forms must be properly completed, so get an attorney to review this paperwork before you submit it to the court clerk. A divorce attorney can help you protect your rights and make sure these forms are properly filled out. Contact a divorce attorney to make sure these forms accurately depict your divorce situation.
File the Forms
Once the necessary divorce forms have been completed and reviewed by an attorney, file them with the local court clerk. The court clerk will stamp the forms “Filed”, keep the original forms, and give the copies back to you.
Serve The Forms
After you’ve filed the divorce forms with the local court clerk, get someone over the age of 18 (not yourself) to serve your spouse one copied set of the stamped forms. Also, include these blank forms in the service:
- Response — Marriage/Domestic Partnership (Form FL-120)
- Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (Form FL-105/GC-120) [if you have children with your spouse]
Also, complete, review, and include these financial disclosure forms in the service (you DO NOT need to file these with the court clerk):
- Declaration of Disclosure (Form FL-140) AND
- Income and Expense Declaration (Form FL-150) AND
- Schedule of Assets and Debts (Form FL-142) OR
- Property Declaration (Form FL-160)
Consult a divorce attorney to determine whether a Schedule of Assets and Debts (Form FL-140) or Property Declaration (Form FL-160) is right for you. The other spouse must also complete and serve these forms.
These papers can either be hand-delivered or sent by mail. If the server will send the forms by mail, make sure the server attaches two blank copies of:
- Notice and Acknowledgment of Receipt (Family Law) (Form FL-117)
Petitioners should wait 30 days for the other party to respond to the served papers. If a spouse fails to respond to divorce papers served to them, that spouse relinquishes his or her rights to argue about child custody, child support, or property division in court.
For more information about how to serve divorce papers to a spouse, click here.
File Your Proofs of Service
After someone over the age of 18 has served the spouse, make sure the server files:
- Proof of Service of Summons (Form FL-115)
The proof of service is an extremely crucial step of the divorce process, so consult a divorce lawyer to ensure it is completed properly.
Both the petitioner and respondent must file this form with the court to state that the financial disclosure forms were served:
- Declaration Regarding Service (Form FL-141)
If the respondent does not serve the financial disclosure forms to the petitioner, the respondent relinquishes his or her rights to argue about matters relating to these documents in court.
Begin Mediation, Arbitration, or Court
Once all necessary forms have been completed, reviewed, filed, and served, divorce settlements will begin. Spouses can choose either mediation, arbitration, or trial to resolve divorce terms. Issues like child custody, child support, spousal support, and property division must be handled before or during this period. Clients can have legal representation throughout these processes. Contact one of our divorce attorneys to protect your rights in mediation, arbitration, or court.
Get a Lawyer
To properly protect your rights in a divorce, hire a divorce attorney. One of our divorce attorneys can help you properly start your divorce and set it on the right track.
FAQs About Starting a Divorce in California
Where do I begin to get a divorce in California?
To begin a divorce in California, complete, review, and file the necessary divorce paperwork with your local court clerk. Have a divorce lawyer review these forms before you submit them to the court.
How should you start preparing for a divorce in California?
To prepare for a divorce in California, consult a divorce attorney. An experienced lawyer can help devise an effective strategy to negotiate divorce terms on your behalf, handle the necessary paperwork, and gather/organize evidence to back your claims.
When do negotiations in divorce begin?
While negotiations can take place before or after the initial divorce papers have been filed, negotiations in mediation or arbitration typically take place after the Disclosure of Financial Information. This is usually in the middle of the divorce.
How long does it take to get a divorce in California?
All divorces in California take a minimum of six months. Divorces can take longer than six months, but no divorce can take less than six months after filing for divorce.
Contact Us
If you’re looking to start a divorce in California, contact us. We’ll get you in touch with the most qualified divorce attorney for your unique legal situation. Your first consultation is free.