Overview: Filing for Divorce in California Without a Lawyer

California is a no-fault, community property state with specific requirements for DIY divorce. The state requires a 6-month waiting period and has comprehensive self-help resources through the courts. If your divorce is uncontested, the process can be straightforward.

Can You File Without a Lawyer in California?

✓ Good Candidates for DIY Divorce:

  • Both spouses agree on divorce and all terms
  • No children under 18, or complete agreement on custody
  • Limited community property and debts
  • No spousal support issues
  • Both willing to disclose all assets

⚠ Consider Hiring a Lawyer If:

  • Disputed child custody or support amounts
  • Significant community property (homes, businesses)
  • Retirement plans (QDRO required)
  • Spouse has attorney representation
  • Domestic violence concerns
  • One spouse hiding assets

Step-by-Step: How to File for Divorce in California

Step 1

Meet Residency Requirements

You or your spouse must have lived in California for 6 months and in your county for 3 months.

⏱ Estimated Time: N/A - Prerequisite
💡 Tips:
  • Keep California driver's license or ID
  • Utility bills as proof of county residency
  • Voter registration can serve as proof
Step 2

Complete Financial Disclosures

California requires both spouses to complete detailed financial disclosure forms.

⏱ Estimated Time: 3-5 hours
💡 Tips:
  • List ALL assets and debts (community and separate)
  • Include bank statements, retirement accounts
  • Declare all income sources
  • Update Schedule of Assets and Debts
Step 3

File Petition for Dissolution

Complete and file FL-100 Petition and FL-110 Summons with superior court.

⏱ Estimated Time: 2-3 hours
💡 Tips:
  • Use California court self-help forms
  • Filing fee is $435-450 depending on county
  • Make 3 copies of all documents
  • Court clerk stamps originals
Step 4

Serve Your Spouse

Have someone over 18 (not you) serve papers to your spouse.

⏱ Estimated Time: 1-2 weeks
💡 Tips:
  • Professional process server costs $50-100
  • Sheriff's office can serve for $40-50
  • Spouse can sign FL-117 Acknowledgment of Receipt
  • Proof of Service (FL-115) must be filed
Step 5

Exchange Financial Disclosures

Both spouses exchange Preliminary Declaration of Disclosure forms.

⏱ Estimated Time: 2-4 weeks
💡 Tips:
  • Use FL-140 Declaration of Disclosure
  • Include FL-142 Schedule of Assets and Debts
  • Must be completed even if uncontested
  • Serve copies to spouse
Step 6

Wait 6-Month Cooling Period

California requires 6 months from service date before divorce can be final.

⏱ Estimated Time: 6 months minimum
💡 Tips:
  • Earliest date is 6 months plus 1 day from service
  • Use time to finalize settlement agreement
  • Complete any required classes
  • Negotiate any disputed issues
Step 7

Prepare Marital Settlement Agreement

Draft comprehensive agreement covering all property, debts, and support.

⏱ Estimated Time: 3-6 hours
💡 Tips:
  • Address all community property division
  • Include debt allocation
  • Specify spousal support (if any)
  • Child custody/support if applicable
  • Both spouses must sign
Step 8

Submit Judgment Package

File FL-180 Judgment and all required forms with the court.

⏱ Estimated Time: 1-2 hours
💡 Tips:
  • Include FL-190 Notice of Entry of Judgment
  • Submit marital settlement agreement
  • Provide final disclosure if required
  • Some counties require appearance
Step 9

Receive Final Judgment

Court reviews and judge signs FL-180 Judgment of Dissolution.

⏱ Estimated Time: 2-4 weeks
💡 Tips:
  • Request certified copies ($15 each)
  • Divorce final when judge signs
  • Update all legal documents
  • Notify banks, creditors, insurance

Required Forms for California Divorce

Petition for Dissolution of Marriage (FL-100)

Required
📄 Download Form

Summons (Family Law) (FL-110)

Required
📄 Download Form

Declaration of Disclosure (FL-140)

Required
📄 Download Form

Judgment (Family Law) (FL-180)

Required
📄 Download Form

Note: Always use the most current forms from your state's court website. Forms may be updated periodically.

Cost Breakdown for California DIY Divorce

💰 DIY Divorce

$485-550
  • Filing fee: $435-450
  • Service fee: $50-100
  • Misc costs: $25-$100

👔 With Attorney

$4,000-20,000

Includes attorney fees, court costs, and filing fees for uncontested to contested cases

Common Pitfalls to Avoid

1

Not completing Preliminary Disclosure of Assets

2

Failing to serve spouse properly

3

Trying to finalize before 6-month waiting period

4

Not dividing retirement accounts with QDRO

5

Incomplete marital settlement agreement

6

Forgetting to address health insurance continuation

Frequently Asked Questions About California DIY Divorce

Can I file for divorce without a lawyer in California?

Yes, California provides extensive self-help resources and forms for uncontested divorces. If you have limited assets and no disputes, DIY divorce is feasible.

How long does it take to get a divorce in California?

California requires a minimum 6-month waiting period from the date your spouse is served. Most uncontested divorces take 7-12 months total.

How much does it cost to file for divorce in California?

The filing fee is $435-450. Total DIY divorce costs typically range from $485-550 including service fees. Fee waivers are available for low-income filers.

What is community property in California divorce?

Community property includes all assets and debts acquired during marriage. California divides community property 50/50 in divorce. Separate property (owned before marriage or inherited) is not divided.

Do I need a QDRO for retirement accounts in California?

Yes, if you're dividing 401(k)s, pensions, or other retirement accounts, you need a Qualified Domestic Relations Order (QDRO). This is a separate court order filed after divorce.

Need Professional Help?

While DIY divorce can save money in California, consulting with an attorney can help you understand your rights and avoid costly mistakes.