Quick Answer: To file for divorce in California, you must meet the 6-month state residency requirement and 3-month county residency requirement, file a Petition for Dissolution of Marriage (Form FL-100) with your local Superior Court, serve your spouse, complete mandatory financial disclosures, and either reach a settlement agreement or proceed to trial. California has a mandatory 6-month waiting period, no divorce can be finalized in less than six months.
1. California Residency Requirements for Divorce
Before you can file for divorce in California, you must meet the state’s residency requirements under California Family Code Section 2320. These requirements exist to ensure California courts have proper jurisdiction over your divorce.
California Residency Requirement
At least one spouse must have been a resident of California for a minimum of 6 months immediately before filing the divorce petition.
County Residency Requirement
At least one spouse must have been a resident of the county where they plan to file for at least 3 months before filing. To file in San Bernardino County Superior Court, you or your spouse must have lived in San Bernardino County for at least 3 months.
What If You Do Not Yet Meet the Residency Requirement?
If neither spouse meets the 6-month California residency requirement, you have two options:
- Wait until you qualify. Once you have lived in California for 6 months and in your county for 3 months, you can file.
- File for legal separation immediately. California has no residency requirement for legal separation. Filing for legal separation allows you to begin the property division process right away and you can later convert the case to a divorce once you meet the residency requirement. Learn more about legal separation in California.
Ontario, CA residents file their divorce in San Bernardino County Superior Court. The primary family law courthouse serving Ontario and the western Inland Empire is located in San Bernardino, California.
2. Grounds for Divorce in California
California is a no-fault divorce state. This means that neither spouse is required to prove that the other did something wrong in order to obtain a divorce.
Under California Family Code Section 2310, there are only two legal grounds for divorce in California:
- Irreconcilable differences — The most common ground. This simply means the marriage has broken down and cannot be repaired. You do not need to explain why or provide evidence of fault.
- Permanent legal incapacity to make decisions — This ground is rarely used and applies when one spouse has been declared legally incapacitated.
In nearly all California divorce cases, petitioners cite irreconcilable differences. Fault — such as adultery, domestic violence, or financial misconduct — is not a ground for divorce in California, though it may be relevant to other issues such as property division and child custody.
3. Required Court Forms to File for Divorce in California
California uses standardized Judicial Council forms for divorce proceedings. The key forms you will need are:
| Form Number | Form Name | Who Files |
|---|---|---|
| FL-100 | Petition for Dissolution of Marriage | Petitioner |
| FL-110 | Summons (Family Law) | Petitioner |
| FL-105 | Declaration Under UCCJEA (if children) | Petitioner |
| FL-115 | Proof of Service of Summons | Server (not petitioner) |
| FL-120 | Response to Petition (if filing response) | Respondent |
| FL-140 | Declaration of Disclosure | Both spouses |
| FL-142 | Schedule of Assets and Debts | Both spouses |
| FL-150 | Income and Expense Declaration | Both spouses |
| FL-180 | Judgment (Dissolution) | Court issues |
All California Judicial Council forms are available free of charge from the California Courts website and from the San Bernardino County Superior Court clerk’s office.
Important: Incorrectly completed forms are a common reason divorce cases are delayed. An experienced family law attorney ensures every form is completed accurately and filed correctly the first time.
4. Step-by-Step: How to File for Divorce in California
Step 1: Complete Your Divorce Petition (FL-100 and FL-110)
The spouse who initiates the divorce is called the Petitioner. The Petitioner completes Form FL-100 (Petition for Dissolution of Marriage) and Form FL-110 (Summons). The petition identifies both spouses, lists any children of the marriage, and states what the Petitioner is requesting — including property division, support, and custody arrangements.
Step 2: File at the Superior Court
Take the completed FL-100 and FL-110 — along with any additional required forms — to the San Bernardino County Superior Court Family Law Division. The clerk will stamp your forms with the filing date and assign a case number. Pay the filing fee (approximately $435–$450) or file a fee waiver request (Form FW-001) if you qualify.
Step 3: Serve Your Spouse
After filing, you must serve your spouse with the divorce papers — including the Summons (FL-110), Petition (FL-100), and any other filed documents. Service must be completed by someone other than yourself who is at least 18 years old. After service, the server completes the Proof of Service of Summons (FL-115), which is filed with the court.
Step 4: Your Spouse Responds (or Does Not)
Your spouse (the Respondent) has 30 days after being served to file a Response (FL-120) with the court. If your spouse does not respond within 30 days, you may be able to proceed by default. If your spouse responds, the case moves forward with both parties participating.
Step 5: Exchange Financial Disclosures
Both spouses must exchange mandatory financial disclosures — including the Declaration of Disclosure (FL-140), Schedule of Assets and Debts (FL-142), and Income and Expense Declaration (FL-150). California law requires complete and accurate disclosure of all assets, debts, income, and expenses.
Step 6: Negotiate a Settlement or Go to Trial
Most California divorces are resolved through negotiated settlement agreements — addressing property division, spousal support, child custody, and child support. If the parties cannot agree, a judge will decide these issues at trial. Mediation is often used to help parties reach agreement without going to trial.
Step 7: Finalize the Divorce Judgment
Once all issues are resolved — either by agreement or court order — the judge signs the Judgment for Dissolution of Marriage (FL-180). Your divorce is final when the judge signs the judgment — but not before the mandatory 6-month waiting period has passed from the date your spouse was served.
5. Serving Your Spouse in a California Divorce
Service of process is one of the most important steps in the California divorce process. Proper service gives the court jurisdiction over your spouse and starts the 30-day response clock.
Who Can Serve Divorce Papers in California?
Divorce papers must be served by someone who is at least 18 years old and not a party to the case. You cannot serve your own spouse. Common options include a friend or family member, a professional process server, or the county sheriff.
How Must Service Be Made?
The preferred method is personal service — handing the documents directly to your spouse. If your spouse cannot be located after a diligent search, the court may permit service by publication in a local newspaper.
What If My Spouse Lives Out of State?
If your spouse lives outside California, they can still be served — but specific interstate service rules apply. Our attorneys handle out-of-state service regularly for Ontario and Inland Empire clients.
6. Mandatory Financial Disclosures in California Divorce
California Family Code Sections 2100–2113 impose a strict duty of disclosure on both spouses. Each spouse must provide the other with a complete picture of all community and separate property, income, expenses, and debts.
What Must Be Disclosed?
- All real property (homes, investment properties)
- Bank accounts and financial accounts
- Retirement accounts, pensions, and 401(k)s
- Business interests and ownership
- Stock options and investments
- Vehicles and personal property
- All debts and liabilities
- Income from all sources
- Monthly living expenses
What Happens If Assets Are Hidden?
Deliberately concealing assets during divorce is a serious violation of California law. Under California Family Code Section 1101, a court may award the entire concealed asset to the other spouse as a sanction — plus attorney fees. If you suspect your spouse is hiding assets, our attorneys work with forensic accountants to uncover the complete financial picture. Learn more about hidden assets in divorce.
7. Contested vs. Uncontested Divorce in California
Uncontested Divorce
A California divorce is uncontested when both spouses agree on all issues — property division, spousal support, child custody, and child support. An uncontested divorce is faster, less expensive, and less stressful than a contested divorce. Many uncontested divorces can be completed with minimal court appearances.
Contested Divorce
A California divorce is contested when the spouses disagree on one or more issues. Contested divorces require court hearings — and potentially a full trial — to resolve disputed issues. In San Bernardino County, contested divorce cases can take anywhere from one to three years depending on the court’s schedule and the complexity of the disputed issues.
Summary Dissolution
California also offers a Summary Dissolution process for couples who meet all of the following criteria: married less than 5 years; no children; limited assets and debts; both spouses agree on all issues; and neither spouse is seeking spousal support. Summary dissolution is significantly simpler but has strict eligibility requirements.
8. California’s Mandatory 6-Month Waiting Period
California Family Code Section 2339 requires a mandatory 6-month waiting period before a divorce can be finalized. The waiting period begins on the date your spouse is served with the divorce petition — or the date your spouse files a response, whichever comes first.
This means that even if both spouses agree on every issue immediately after filing, the divorce cannot be legally finalized until at least 6 months have passed. The waiting period is designed to give couples time to reconsider and to ensure that all issues are fully resolved.
What you can do during the waiting period: While you cannot finalize the divorce, you can negotiate and reach agreements on property division, spousal support, and child custody. Courts can also issue temporary orders during this period covering child support, spousal support, custody, and use of the family home.
9. Filing for Divorce in San Bernardino County
Ontario, California residents file for divorce in San Bernardino County Superior Court. San Bernardino County is one of the largest counties in the United States by area — and its family law division handles thousands of divorce cases each year.
San Bernardino County Superior Court — Family Law Division
The primary courthouse serving family law matters for Ontario and the western Inland Empire:San Bernardino Justice Center
247 West Third Street
San Bernardino, CA 92415
Phone: (909) 521-3600
What to Expect at San Bernardino Superior Court
San Bernardino County family law judges are experienced in all aspects of divorce — from simple uncontested cases to complex high-asset estates. Our attorneys at Haslam Perri Law Firm have appeared before San Bernardino County family law judges for more than 40 years and understand what each judge expects in terms of evidence, argument, and settlement proposals.
Filing Fees in San Bernardino County (2025)
- Petition for Dissolution (petitioner): approximately $435–$450
- Response to Petition (respondent): approximately $435–$450
- Request for Order (motion): approximately $60–$60
- Fee Waiver: available if you qualify based on income (Form FW-001)
10. How Much Does a Divorce Cost in California?
The total cost of a California divorce varies significantly based on whether the divorce is contested or uncontested, the complexity of the marital estate, and whether children are involved.
Filing Fees
Court filing fees in San Bernardino County are approximately $435–$450 for the petitioner and the same amount for the respondent if they file a response. These fees are mandatory regardless of whether you use an attorney.
Attorney Fees
Attorney fees for a California divorce vary widely:
- Uncontested divorce with full agreement: lower cost, fewer hours required
- Contested divorce with disputed issues: substantially higher, can involve months of litigation
- High-asset divorce involving business valuations, real estate appraisals, and forensic accounting: the most complex and costly
Mediation as a Cost-Saving Alternative
Mediation is typically significantly less expensive than contested litigation. At Haslam Perri Law Firm, we offer experienced divorce mediation services that help parties reach fair agreements efficiently — saving both time and money. Learn more about divorce mediation in Ontario, CA.
11. Alternatives to Court: Mediation and Collaborative Divorce
Divorce Mediation
In divorce mediation, a trained neutral mediator helps both spouses work through disputed issues — property division, spousal support, child custody, and child support — and reach mutually acceptable agreements. Mediation is voluntary, confidential, and typically much faster and less costly than contested litigation.
At Haslam Perri Law Firm, our attorneys are trained mediators who can serve as neutral third parties — or represent you as your attorney in mediation with a neutral third-party mediator. Learn more about our mediation services.
Collaborative Divorce
Collaborative divorce is a structured process where both spouses and their attorneys commit to resolving all issues outside of court — with the assistance of financial professionals and mental health coaches when needed. Both parties sign an agreement committing to transparency and good-faith negotiation.
Legal Separation Instead of Divorce
If you are not yet ready to permanently dissolve your marriage — or if you need to maintain certain marital benefits — a legal separation may be an appropriate first step. Legal separation in California addresses the same issues as divorce but leaves the marriage legally intact. Learn more about legal separation in California.
12. Frequently Asked Questions About Filing for Divorce in California
How long does a divorce take in California?
California has a mandatory 6-month waiting period before any divorce can be finalized. From the date of filing, an uncontested divorce typically takes 6–8 months. A contested divorce in San Bernardino County can take 1 to 3 years depending on the issues in dispute.
What are the residency requirements to file for divorce in California?
At least one spouse must have lived in California for 6 months and in the county where they file for 3 months before filing. To file in San Bernardino County, you or your spouse must have lived in San Bernardino County for at least 3 months.
What forms do I need to file for divorce in California?
The primary forms are FL-100 (Petition for Dissolution), FL-110 (Summons), and FL-140/FL-142/FL-150 (financial disclosure forms). Additional forms are required when children are involved or when specific issues such as domestic violence or business interests are present.
How much does it cost to file for divorce in California?
Court filing fees in San Bernardino County are approximately $435–$450. If you cannot afford the fee, a fee waiver is available using Form FW-001. Attorney fees vary based on the complexity and whether the divorce is contested or uncontested.
Can I get a divorce in California without going to court?
Yes. Many California divorces are resolved through negotiation or mediation without a contested hearing. If both spouses agree on all issues, the settlement agreement is submitted to the court for approval without requiring either party to appear at trial.
Do I have to prove my spouse did something wrong to get a divorce in California?
No. California is a no-fault divorce state. You do not need to prove adultery, abuse, or any other wrongdoing. The only ground needed is irreconcilable differences — meaning the marriage has broken down and cannot be repaired.
Talk to a Board-Certified Divorce Attorney in Ontario, CA Free Consultation
Filing for divorce in California involves important legal decisions that will affect your property, your finances, and — if children are involved your relationship with them for years to come. At Haslam Perri Law Firm, our board-certified family law attorneys guide Ontario and San Bernardino County residents through every step of the process with expertise, integrity, and genuine care.
Related Articles and Practice Areas
- Divorce Law — Haslam Perri Law Firm
- Property Settlement in California Divorce
- Alimony and Spousal Support in California
- Child Custody and Visitation in California
- Child Support in California
- Divorce Mediation in Ontario, CA
- Legal Separation vs. Divorce in California
- Hidden Assets in California Divorce
This article is for general informational purposes only and does not constitute legal advice. For advice specific to your situation, consult a licensed California family law attorney.