California divorce forms are standardised statewide, published by the Judicial Council, and available free. That is the good news. The complication is that there are dozens of them, and which ones you need depends on your circumstances.
This sets out the divorce paperwork in the order you will actually use it, and flags the forms people miss.
Before You File
California requires six months of residency in the state and three months in the county before you can file for divorce. If you do not meet it, you can file for legal separation immediately and amend once residency is satisfied.
California is a no-fault state. The ground is irreconcilable differences, and you do not need to prove wrongdoing.
Starting the Case
FL-100, Petition. The document that opens the case. You select dissolution, legal separation or nullity, state the date of marriage and date of separation, identify minor children, and check the relief you are requesting. Registered domestic partners use the same form, selecting domestic partnership.
The date of separation matters more than people realise. It determines what is community property, so give it thought rather than approximating.
FL-110, Summons. Issued by the court clerk and served with the petition. It contains automatic temporary restraining orders that take effect immediately on both parties: neither can remove children from the state, change insurance beneficiaries, or dispose of property outside the ordinary course, without agreement or a court order. Read them. People violate these without realising they exist.
FL-105, Declaration Under UCCJEA. Required where there are minor children. It sets out where the children have lived for the past five years, which establishes jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act.
FW-001, Request to Waive Court Fees. If you cannot afford the filing fee, submit this alongside your petition.
Serving the Other Spouse
The petition and summons must be personally served. You cannot serve them yourself, and ordinary mail is not sufficient unless the other spouse signs and returns an acknowledgment.
FL-115, Proof of Service of Summons. Filed after service to prove the other spouse received the papers.
FL-117, Notice and Acknowledgment of Receipt. The route for an amicable case: you mail the papers with this form, and the other spouse signs and returns it. Only effective if they actually return it.
Responding
FL-120, Response. The other spouse has thirty days from service to file this. It states their position on the requests in the petition.
Not responding leads to a default, in which the court may grant what the petitioner requested. This is a costly thing to let happen by inattention.
The Financial Disclosure Forms
Both parties must complete these. The obligation is mandatory and applies even in a fully agreed case.
FL-140, Declaration of Disclosure. The cover document identifying what is being served.
FL-142, Schedule of Assets and Debts. A complete list of everything owned and owed, community and separate, with values.
FL-150, Income and Expense Declaration. Income, expenses, deductions and debts, with the last two months of pay stubs attached. This drives child support and spousal support.
FL-141, Declaration Regarding Service of Declaration of Disclosure. Filed with the court to confirm disclosures were exchanged. Note the distinction: the disclosures themselves are exchanged between the parties and generally not filed; the FL-141 is what goes to the court.
Preliminary disclosures are required early. Final disclosures are required before judgment unless waived by written agreement, which is permitted in some circumstances.
Take this seriously. California courts have set aside judgments where a party concealed assets, and in some cases awarded the concealed asset entirely to the other spouse.
If Children Are Involved
FL-311, Child Custody and Visitation Application Attachment. Sets out your proposed parenting plan.
FL-341, Child Custody and Visitation Order Attachment. Becomes part of the judgment.
FL-342, Child Support Information and Order Attachment. Documents the support order and the figures behind it.
FL-192, Notice of Rights and Responsibilities. Provided with child support orders.
Asking the Court to Act During the Case
FL-300, Request for Order. Used to request temporary orders on custody, support, attorney fees or property control while the case proceeds, and to enforce orders.
FL-320, Responsive Declaration. The response to a request for order.
Temporary orders matter more than their name suggests. They frequently persist for the duration of the case and can influence the final arrangement.
Finishing the Case
FL-170, Declaration for Default or Uncontested Dissolution. Confirms the case is ready for judgment without a hearing.
FL-180, Judgment. The final order.
FL-190, Notice of Entry of Judgment. Confirms the judgment was entered and states the date the marital status terminates.
Marital settlement agreement. Where you have reached agreement, it is attached to the judgment. This is not a standard form; it is drafted, and its precision determines how enforceable your agreement turns out to be.
Where retirement accounts are divided, a separate order, usually a qualified domestic relations order, is required. A judgment that says an account will be divided does not divide it. People discover this years later when they try to access the funds.
The Six-Month Rule
The marriage cannot terminate earlier than six months after the respondent was served, or appeared, whichever is first. This applies regardless of how quickly the paperwork is completed.
The paperwork can be finished sooner; the status simply cannot end earlier. Realistically expect six to nine months for an agreed case.
Where to Get the Forms
All California divorce forms are available free as fillable PDFs on the California Courts website. Court self-help centres, including in Orange County, provide procedural assistance without giving legal advice. The court clerk can tell you what to file and where, but cannot advise you on what to ask for.
Be cautious with paid form services. The forms themselves are free, and what you are paying for is preparation assistance, which varies considerably in quality.
The Mistakes That Cost the Most
Missing forms. The judgment package is rejected if anything required is absent, and the case sits until it is resubmitted.
Skipping disclosures. Mandatory, and a source of later challenge if incomplete.
A vague date of separation. It defines the community property window.
Forgetting the retirement order. The single most consequential omission in self-prepared judgments.
A settlement agreement that is too general. “The parties will divide the personal property” resolves nothing when they disagree.
Ignoring the automatic restraining orders. They are effective from service and violations have consequences.
Ignoring a default deadline. Thirty days passes quickly.
When to Involve a Family Law Attorney
Many uncontested cases are self-prepared successfully. Get advice where the estate includes a business, real property beyond a single residence, retirement or equity compensation, or significant separate property claims; where there are custody disputes or safety concerns; where the other party is represented; or where you do not have a clear picture of the marital finances.
Even in an agreed case, a review of the settlement agreement before signing is usually inexpensive relative to what it protects.
Frequently Asked Questions
How Much Does It Cost to File?
The filing fee is set by the court and changes periodically. Fee waivers are available on a showing of financial hardship.
Do We Both File Forms?
One spouse files the petition; the other files a response. Both complete financial disclosures.
Can We File Everything at Once?
No. The process runs in sequence: petition, service, response, disclosures, then judgment.
What If My Spouse Will Not Sign Anything?
A divorce does not require agreement. It proceeds as a default or a contested case.
Is the Paperwork Public?
The case file is generally public. Financial declarations receive more protection than the rest of the file.
Getting It Filed Correctly
Most of what goes wrong in California divorce paperwork is procedural: a missing form, a defective service, or an agreement drafted too loosely to enforce. Those are avoidable, and they are cheaper to avoid than to fix.
Our Tustin office handles divorce, document filing and property division throughout Orange County. Read our complete guide to California divorce forms, our step-by-step filing guide, or our article on dividing retirement in a California divorce. To get help, contact our office.
This article is provided for general educational purposes and is not legal advice. California forms, fees, statutes and local rules change, and every case depends on its specific facts. Consult a qualified California family law attorney about your circumstances.
