How to File for Divorce in California Without a Lawyer
Complete step-by-step guide to filing for divorce in California without an attorney. Save thousands in legal fees.
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
Meet Residency Requirements
You or your spouse must have lived in California for 6 months and in your county for 3 months.
- Keep California driver's license or ID
- Utility bills as proof of county residency
- Voter registration can serve as proof
Complete Financial Disclosures
California requires both spouses to complete detailed financial disclosure forms.
- List ALL assets and debts (community and separate)
- Include bank statements, retirement accounts
- Declare all income sources
- Update Schedule of Assets and Debts
File Petition for Dissolution
Complete and file FL-100 Petition and FL-110 Summons with superior court.
- Use California court self-help forms
- Filing fee is $435-450 depending on county
- Make 3 copies of all documents
- Court clerk stamps originals
Serve Your Spouse
Have someone over 18 (not you) serve papers to your spouse.
- 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
Exchange Financial Disclosures
Both spouses exchange Preliminary Declaration of Disclosure forms.
- Use FL-140 Declaration of Disclosure
- Include FL-142 Schedule of Assets and Debts
- Must be completed even if uncontested
- Serve copies to spouse
Wait 6-Month Cooling Period
California requires 6 months from service date before divorce can be final.
- Earliest date is 6 months plus 1 day from service
- Use time to finalize settlement agreement
- Complete any required classes
- Negotiate any disputed issues
Prepare Marital Settlement Agreement
Draft comprehensive agreement covering all property, debts, and support.
- Address all community property division
- Include debt allocation
- Specify spousal support (if any)
- Child custody/support if applicable
- Both spouses must sign
Submit Judgment Package
File FL-180 Judgment and all required forms with the court.
- Include FL-190 Notice of Entry of Judgment
- Submit marital settlement agreement
- Provide final disclosure if required
- Some counties require appearance
Receive Final Judgment
Court reviews and judge signs FL-180 Judgment of Dissolution.
- 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)
RequiredSummons (Family Law) (FL-110)
RequiredDeclaration of Disclosure (FL-140)
RequiredJudgment (Family Law) (FL-180)
RequiredNote: 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
- Filing fee: $435-450
- Service fee: $50-100
- Misc costs: $25-$100
👔 With Attorney
Includes attorney fees, court costs, and filing fees for uncontested to contested cases
For detailed cost breakdown including attorney fees and scenarios: View California Divorce Costs →
Common Pitfalls to Avoid
Not completing Preliminary Disclosure of Assets
Failing to serve spouse properly
Trying to finalize before 6-month waiting period
Not dividing retirement accounts with QDRO
Incomplete marital settlement agreement
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.