Quick Answer The divorce process has 8 main steps. First, decide whether to file and which court has jurisdiction. Second, file the petition for dissolution with the court. Third, serve your spouse with the divorce papers. Fourth, your spouse files a response (or you obtain a default if they do not). Fifth, request temporary orders if you need immediate decisions about custody or support. Sixth, complete the discovery process where both sides exchange financial information. Seventh, negotiate or mediate a settlement. Eighth, finalize the divorce by trial or signed agreement. The full process typically takes 6 months to 2 years depending on whether the divorce is contested. California requires a minimum 6 month waiting period under California Family Code section 2339.
Table of Contents
Step 1 Decide Whether to File and Where
Before filing, you must determine that divorce is the right step and that you can file in your state. Every state has residency requirements that must be met before you can file. California requires that you have lived in the state for at least 6 months and in your filing county for at least 3 months immediately before filing, under California Family Code section 2320.
Grounds for Divorce
California is a pure no fault state. Under California Family Code section 2310, the only grounds for divorce are irreconcilable differences or permanent legal incapacity to make decisions. You do not need to prove wrongdoing by your spouse. Most other states are also no fault, although some still allow fault based grounds like adultery, abandonment, or cruelty.
Choosing the Right Court
File in the Superior Court of the county where you have lived for at least 3 months. For San Bernardino County residents, this means the San Bernardino Superior Court Family Law Division at (909) 521-3101. Other county residents file in their county’s family law division. If you and your spouse live in different counties, you generally file in your county, not your spouse’s.
Step 2 File the Petition
The divorce process officially starts when you file a Petition for Dissolution of Marriage. In California, this requires three main forms:
- Petition for Dissolution of Marriage (Judicial Council form FL-100)
- Summons (Judicial Council form FL-110)
- Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act if children are involved (form FL-105)
Filing Fee
California’s filing fee in 2026 is $435. Other states range from $80 to $400. Filing fee waivers are available for people with low income. You can request a waiver by filing a Request to Waive Court Fees (form FW-001) showing income below 125 to 200 percent of the federal poverty level.
What the Petition Says
The petition states basic facts about the marriage and what you are requesting:
- Date of marriage and date of separation
- Names and dates of birth of any children
- Identification of property as community, separate, or quasi community
- Requests for custody, support, property division, and any name change
- Statement of the legal grounds for dissolution
Step 3 Serve Your Spouse
After filing the petition, you must formally notify your spouse by serving them with the documents. Service of process is governed in California by California Code of Civil Procedure section 415.10 and related sections.
How to Serve
You cannot serve your spouse yourself. The most common methods are:
- Personal service by a process server (typical cost: $50 to $150)
- Personal service by the sheriff or marshal (varies by county)
- Personal service by any adult who is not a party to the case
- Service by mail with acknowledgment of receipt
- Service by publication if the spouse cannot be located, with court approval
Proof of Service
After service, the person who served the documents must complete a Proof of Service of Summons (Judicial Council form FL-115). This document is filed with the court to prove that service was properly accomplished. Without proper proof of service, the divorce cannot proceed.
Step 4 Spouse Files a Response
Your spouse has 30 days from the date of service to file a Response to Petition for Dissolution of Marriage (Judicial Council form FL-120). The response is the spouse’s formal answer to the petition, stating what they agree to and what they dispute.
If Spouse Files a Response
Once the response is filed, the case becomes contested in the legal sense, even if the parties agree on most issues. The case proceeds to discovery, settlement negotiations, and eventually trial or settlement.
If Spouse Does Not File a Response
If the spouse does not file a response within 30 days, you can request a default judgment. The procedure involves filing a Request to Enter Default (form FL-165) along with proposed final orders. The court can enter judgment without the absent spouse’s input. This is called a default judgment and is common when one spouse moves out of state, ignores the divorce, or cannot be located.
Uncontested Divorce by Agreement
If both spouses agree on every issue, they can avoid the default process by signing a written Marital Settlement Agreement and presenting it to the court with the response. The court approves the agreement and issues judgment based on it. This is the fastest, cheapest way to complete a divorce.
Step 5 Temporary Orders if Needed
While the divorce is pending, the spouses may need immediate decisions about custody, child support, spousal support, use of the family home, or access to bank accounts. Temporary orders address these issues until the final judgment.
How to Request Temporary Orders
Temporary orders are requested by filing a Request for Order (Judicial Council form FL-300). The form specifies what relief you are requesting and the facts supporting the request. The court schedules a hearing, usually within 6 to 12 weeks, where both sides can present their positions.
Common Temporary Orders
- Temporary child custody and visitation schedule
- Temporary child support
- Temporary spousal support
- Use of the family residence (sometimes called exclusive possession)
- Use of vehicles and personal property
- Access to joint bank accounts and credit cards
- Restraining orders against asset disposal or harassment
- Payment of attorney fees from community funds
Temporary orders remain in effect until modified by the court or replaced by the final judgment. They are usually based on simpler analyses than final orders because the goal is to address immediate needs while the divorce proceeds.
Step 6 Discovery
Discovery is the formal process of exchanging information about finances, assets, debts, and other relevant matters. Both spouses are required to provide preliminary disclosures (in California, by 60 days after filing) and final disclosures before settlement. Discovery is governed by California Code of Civil Procedure section 2016.010 and following sections.
Required Disclosures in California
- Schedule of Assets and Debts (Judicial Council form FL-142)
- Income and Expense Declaration (Judicial Council form FL-150)
- Tax returns for the past 2 years
- Last 12 months of bank statements
- Most recent retirement account statements
- Most recent pay stubs
- Documentation of all separate property claims
Formal Discovery Tools
In contested cases, additional discovery tools may be used:
- Interrogatories: Written questions answered under oath
- Requests for Production: Demands for specific documents
- Requests for Admission: Statements the other party must admit or deny
- Depositions: Recorded oral testimony under oath
- Subpoenas: Court orders requiring third parties to produce documents
Discovery is also where hidden assets are typically uncovered. Forensic accountants may be hired in contested cases to trace funds, value businesses, and identify concealed assets.
Step 7 Settlement and Mediation
Most divorces settle without trial. Settlement can happen at any point in the process, but it most commonly happens after discovery is complete and both sides understand the financial picture.
Mediation
Mediation is a process where a neutral third party helps the spouses reach agreement. California courts require mediation through Family Court Services before any contested custody hearing. Private mediation is also available and often resolves financial issues as well.
Settlement Conferences
California courts schedule mandatory settlement conferences before trial. Both sides must attend with their attorneys and a judge or settlement officer who helps push toward resolution. Many cases settle at the courthouse on the day of trial because both sides face the uncertainty of trial.
Marital Settlement Agreement
When the parties reach agreement, the terms are written into a Marital Settlement Agreement that addresses every issue: property division, debt allocation, child custody, child support, spousal support, and any other matters. Once signed by both parties, the agreement is presented to the court for approval and becomes part of the final judgment.
Step 8 Trial or Final Judgment
If the case does not settle, it goes to trial. Family law trials are bench trials, meaning a judge decides rather than a jury. Both sides present evidence, call witnesses, and make legal arguments.
Trial Process
A typical family law trial takes 1 to 5 days, although complex cases can extend longer. The process includes:
- Opening statements by both attorneys
- Petitioner’s case in chief (witnesses and evidence)
- Respondent’s case in chief
- Rebuttal and surrebuttal as appropriate
- Closing arguments
- Judge takes the case under submission and issues a written decision
The Final Judgment
Whether by trial or settlement, the divorce ends with a Judgment of Dissolution of Marriage. The judgment includes:
- The marital status terminating date (the date the divorce is final)
- All custody and visitation orders
- Child support and spousal support orders
- Property and debt division
- Restoration of either spouse’s former name if requested
- Any other matters resolved by the court
In California, the divorce is not final until both the judgment is signed by the court AND the 6 month waiting period under California Family Code section 2339 has expired. Even in fast moving cases, the soonest a California divorce can be finalized is 6 months and 1 day after the spouse is served.
After the Judgment
Several practical steps follow the judgment:
- Implementing property transfers (recording deeds, transferring titles)
- Filing Qualified Domestic Relations Orders to divide retirement accounts
- Setting up wage garnishment for child or spousal support if ordered
- Updating beneficiaries on life insurance, retirement accounts, and bank accounts
- Updating estate planning documents (will, trust, power of attorney)
- Notifying the IRS and state tax authority of filing status change
- Updating Social Security records if a name change occurred
California Specific Process
Several California specific features distinguish the divorce process here from other states:
The 6 Month Waiting Period
California Family Code section 2339 requires a minimum 6 month waiting period between the date the spouse is served and the date the marriage can be legally terminated. This is the longest waiting period in any US state. The purpose is to allow time for reconciliation. The waiting period applies even to uncontested divorces where both spouses agree immediately.
The Date of Separation
California uses the date of separation to define when community property accumulation ends. Income earned and debts incurred after the date of separation are generally separate property. The date of separation is defined in California Family Code section 70 as the date when one spouse expressed an intent to end the marriage and engaged in conduct consistent with that intent.
Attorney Fees
Under California Family Code section 2030, the court can order one spouse to pay the other’s attorney fees if there is a significant income disparity. This levels the playing field so the lower earning spouse can have effective legal representation. Requests for attorney fee orders are common in cases with substantial income differences.
How Long Each Step Takes
| Step | Uncontested | Contested |
| Decide and prepare | 1 to 4 weeks | 1 to 4 weeks |
| File petition | 1 day | 1 day |
| Serve spouse | 1 to 2 weeks | 1 to 4 weeks |
| Response period | 30 days | 30 days |
| Temporary orders | Not usually needed | 6 to 12 weeks |
| Discovery | 4 to 8 weeks | 3 to 8 months |
| Settlement or trial prep | 2 to 4 weeks | 3 to 9 months |
| Final judgment | 6 months minimum (CA) | 12 to 24 months total |
Mistakes to Avoid
The most common divorce mistakes that cost time, money, or legal advantage:
- Filing without understanding your financial picture first
- Hiding or undervaluing assets, which can trigger the 100 percent penalty under California Family Code section 1101
- Posting about the divorce on social media (anything posted can become evidence)
- Making major financial decisions during the divorce without legal advice
- Trying to use children as leverage in negotiations
- Refusing to communicate or cooperate with your spouse on routine matters
- Missing court dates or deadlines
- Going to trial when settlement would produce a similar result
- Not updating beneficiaries and estate plans after divorce
- Discussing the case with the children
Frequently Asked Questions
Q: How long does the divorce process take?
A: An uncontested divorce in California takes a minimum of 6 months and 1 day from the date the spouse is served, due to the waiting period in California Family Code section 2339. A typical contested divorce takes 12 to 24 months. Highly complex contested cases with business valuation or international assets can take 2 to 4 years.
Q: Do I need a lawyer for the divorce process?
A: You are not legally required to have a lawyer, but it is strongly recommended in any contested divorce or in any divorce involving significant assets, children, or support. A lawyer ensures you understand your rights, properly value assets, and avoid mistakes that can affect you for years. Many family law attorneys offer free initial consultations.
Q: What if my spouse refuses to file or respond?
A: If your spouse refuses to file, you can still file as the petitioner. If your spouse refuses to respond after being served, you can obtain a default judgment after the 30 day response period expires. A refusing spouse cannot block the divorce, but they may give up the right to contest the terms by failing to respond.
Q: Can I get divorced if my spouse is in another state?
A: Yes, but the process is more complicated. You can file in your state if you meet residency requirements. Service can be accomplished through a process server in your spouse’s state or by mail with acknowledgment of receipt. Issues involving jurisdiction over custody are governed by the Uniform Child Custody Jurisdiction and Enforcement Act. The process typically takes longer.
Q: What happens at the first court hearing?
A: The first court hearing in most California divorces is a hearing on a Request for Order, usually for temporary support or custody. Both parties attend with their attorneys (if represented). The judge hears arguments and reviews paperwork, then issues temporary orders. Most first hearings last 30 to 60 minutes. The hearing is not the final divorce.
Q: Can the divorce be paused or stopped?
A: Yes. The petitioner can dismiss the case at any time before final judgment if both parties agree. Some couples file for divorce, reconcile, and dismiss. After final judgment, the divorce is permanent and the parties must remarry to restore the legal marriage. A request to dismiss is filed using a Request for Dismissal (Judicial Council form CIV-110).
Q: What is the difference between divorce and legal separation?
A: Divorce terminates the marriage. Legal separation does not terminate the marriage but divides property, sets support, and addresses custody as if the marriage were ending. Legal separation is sometimes chosen for religious reasons, for health insurance reasons, or as a step toward divorce. After legal separation, neither spouse can remarry until they convert the separation to a divorce.
Q: What do I do if I can’t afford to file?
A: You can request a fee waiver by filing a Request to Waive Court Fees (form FW-001). The waiver is available for people whose income falls below 125 to 200 percent of the federal poverty level. Legal aid organizations in your county may also provide free or low cost help. Some attorneys offer payment plans or unbundled services. In California, low income parties may also be entitled to attorney fee orders against the higher earning spouse under California Family Code section 2030.
Bottom Line
The divorce process has 8 main steps from filing to final judgment. Most steps are required by statute, although the exact procedures vary by state. In California, the minimum timeline is 6 months due to the waiting period in California Family Code section 2339. Most contested divorces take 12 to 24 months total. Understanding each step before you start can help you plan financially and emotionally, and can prevent common mistakes that cost time and money.
If you are considering divorce, a free consultation with a board-certified family law specialist can help you understand the specific procedures, costs, and timeline based on your situation.
About the Author
Donald Glen Haslam, Esq. is a Board-Certified Family Law Specialist by the California State Bar Board of Legal Specialization and a senior partner at Haslam & Thorne, LLP in Ontario, California. He has practiced family law exclusively for over 40 years, representing families throughout San Bernardino County and the Inland Empire. Reviewed by Brian George Thorne, Esq., Board-Certified Family Law Specialist.
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- Contested vs Uncontested Divorce: Which Is Right for You?
- California 6 Month Waiting Period: Why It Exists, What to Do
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Divorce procedures are governed by state-specific statutes and court rules that vary significantly by jurisdiction. Every divorce situation is unique. For advice specific to your circumstances, consult with a licensed family law attorney in your state. Reading this article does not create an attorney-client relationship with Haslam & Thorne, LLP.
