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Last Modified on Dec 01, 2025
Starting the divorce process can feel overwhelming and difficult. Complex legal jargon and procedures can leave you feeling confused, stressed, and alone. When the decision is made to move forward, the biggest question remaining is how to file for divorce in California. While divorce itself has many complexities, knowing how to take the first steps toward filing can give you the foundational confidence you need to continue moving forward.
How To File for Divorce in California?
If you are wondering how to file for divorce in California, hiring a divorce lawyer can bring you clarity and guidance. Before you go looking for representation, however, you may benefit from learning more about what to expect from the divorce process, as well as what having the right lawyer can do for you and your case.
In 2022, an estimated 673,989 marriages ended in divorce in the United States. Approximately 5.88 per 1,000 women have divorced in California. This means that almost six out of every 1,000 women in the state will get divorced. Compared to surrounding states like Oregon, which has a divorce rate of 7.34 per 1,000 women, this is a relatively low divorce rate.
There are three main steps you need to take to get divorced in the Golden State.
Filing For Divorce
Paperwork and protocol assemble the backbone of the divorce process,
- Filling out the forms: There are several different forms that you will need to complete to move forward with your divorce, including both the Petition (FL-100) and Summons (FL-110). If you have minor children, you must also fill out additional forms regarding child custody, like the UCCJEA (FL-105). It is a wise idea to review whether your county courts require any additional paperwork to be completed.
- File the forms: Once you have completed filling them out, you need to file the original forms, as well as two additional copies, with your local court clerk. This can be completed by mail, online, or in person. It is important to note that you may need to provide self-addressed and stamped envelopes if you choose to file these forms by mail.
- Pay the filing fee: Paying the fee is the last part of this step, and if you cannot afford to pay the fee, you can apply for a fee waiver.
Serving Your Spouse
The next step in getting a divorce in California is serving your spouse with your divorce papers. Once the court has filed your forms and stamped any copies, you must enlist the assistance of someone else to deliver a copy of said forms to your spouse. It is imperative that your papers are delivered by someone else, such as a friend, relative, professional process server, or your lawyer. Your spouse then has a specific amount of time to respond to your petition.
Finalizing Your Divorce
Once you have filed the correct forms and served your spouse, you are nearly done with the divorce process. This is, however, when timelines tend to start varying. Both parties are required to complete and serve Preliminary and/or Final Declarations of Disclosure. If both spouses agree on the terms of the divorce, you will be able to move forward smoothly. Your divorce will be finalized after you both sign the Judgment, and a set amount of time has passed. This method of divorce is called an uncontested divorce.
If, however, there is a disagreement on the terms of divorce, you and your spouse will proceed with the divorce method known as a contested divorce. Under the guidance of your attorney, you will decide if you and your spouse will continue the process through a court or through an alternative dispute resolution method such as mediation, which is confidential.
Hire a Divorce Lawyer
If you decide to hire a divorce lawyer to handle your case, you can gain additional clarity, resources, and even success. Your lawyer can help you understand the various steps you will need to take to pursue a divorce in California, as well as help you prepare and present your desired outcomes.
Your lawyer can also serve as a negotiator on your behalf should you and your spouse fail to agree about child support, property division, child custody, and/or spousal support. This way, you can make progress in your case instead of getting stuck on the details. Your lawyer can empower you to work on your future and focus on your family while they handle the legal and administrative tasks involved in getting a divorce.
Choose Law Offices of Tracy Duell-Cazes
Tracy Duell-Cazes has been a Certified Family Law Specialist since 2002 and has been rated one of the top lawyers in Northern California by Super Lawyers every year since 2009. She believes firmly in personalizing her wealth of family legal knowledge to suit the needs and goals of every client, and then does everything she can to help them accomplish said goals. Law Offices of Tracy Duell-Cazes can free you up to focus on your family while we manage your case.
FAQs
How Much Does It Cost to Hire a Divorce Lawyer in California?
In the state of California, the cost of hiring a divorce lawyer tends to vary case by case. This is mainly because of the influence certain common variables may have on your overall price, such as the level of complexity your case presents, who you hire to represent you, whether your divorce is contested, and the amount of time your case requires to resolve.
What Is the First Step in Filing for Divorce in California?
The first step in filing for a divorce in the state of California is to fill out the correct forms. This typically includes both the Petition (FL-100) and Summons (FL-110), and if you have any children, you also need to fill out UCCJEA (FL-105) or other forms like it to move forward with both your divorce filing and a temporary plan for child custody.
How Long Does It Take to Get Divorced in California?
Similarly to the cost of hiring a lawyer, the amount of time your divorce case may end up requiring will likely be unique. While there is a specific waiting period that every couple must go through, additional variables include the availability of both parties, the schedule of your local courthouse, and whether your divorce is uncontested or not.
Is Hiring a Divorce Lawyer Worthwhile in California?
Many individuals have found that hiring a divorce lawyer can make a big difference in the outcome of a case, as well as help with more complex situations. While California applies a 50/50 property division law and has laws supporting both parents’ right to pursue custody, some cases may have more complexities that could end up complicating things. These are both things your lawyer can help you with.
California Divorce Lawyer
Contact Law Offices of Tracy Duell-Cazes today to schedule a consultation and see how we can support you as you build a new future.
