California Divorce Pros is a registered legal document assistant company and is NOT a law firm. This article is intended for informational purposes only. As each divorce is unique to the parties involved, there could be county specific requirements that must be met by the parties prior to a court granting a divorce. Please seek the counsel of a licensed California attorney for your specific needs.
Divorce in California can be an overwhelming experience because of the many steps involved in the process. Fortunately, California is considered a “no fault” divorce state; therefore, you do not have to show that your spouse did something wrong to get divorced. Instead, you only have to claim that “irreconcilable differences” resulted in the breakdown of your marriage.
The actual process of filing for divorce in California can be quite complex and includes many forms that require specific and timely filings, as well as financial disclosures, and court procedures that require you to follow the exact format. One incorrect entry on your paperwork can result in your paperwork being returned, resulting in added time and money to complete the process.
In this article, I’ll go through a general explanation of how divorce works in California, I’ll discuss the types of divorces available in California, I’ll cover your options for obtaining a divorce in California, and I’ll describe what you should expect regarding cost and time to obtain a divorce in California.
Residency Requirements for Divorce in California
To begin the divorce process in California, you must first meet the residency requirements of the state of California. These requirements were designed to allow California’s courts to have jurisdiction over your divorce action.
General Residency Rules
At least one spouse must reside in California for six months prior to the filing date of your divorce. Additionally, at least one spouse must reside in the county where you’re filing for divorce for three months prior to the filing date of your divorce. Only one spouse must meet the above requirements to file for divorce in California; therefore, if your spouse qualifies and you do not, you can file in the county where your spouse resides.
Exemptions to the General Residency Rule
There are some exceptions to the general residency rule:
- Registered Domestic Partnerships. If you have registered your domestic partnership with the California Secretary of State, you do not need to meet the residency requirements to have your domestic partnership dissolved. However, the court may not be able to enter orders concerning property or support if neither party lives in California.
- Marriage Performed in California. If you were married in California, however, you now reside in a state that will not recognize or dissolve your same sex marriage, you may file for divorce in the county in California where you were married.
- Legal Separation. If you do not meet the residency requirements to file for divorce, you are free to file for legal separation immediately, then convert your legal separation into a divorce when you have resided in California long enough.
💡 Pro Tip: If you’ve recently relocated to California and have not met the residency requirements yet, begin gathering your documentation and financial information and you’ll be prepared to file as soon as you qualify.
Types of Divorces Available in California
Understanding the type of divorce that best fits your situation will help guide you toward selecting the most suitable method for you. California offers divorce methods based upon the complexity of your case and/or if you and your spouse agree.
Uncontested vs. Contested Divorce
Factors | Uncontested Divorce | Contested Divorce |
Agreement | Both spouses agree on all terms | Spouses disagree on one or more terms |
Cost | Approximately $500–$2,500 | Over $5,000 and often much higher |
Time Frame | Generally 6–8 months | 1–3 years or longer |
Court Involvement | Minimal—generally no hearings required | Multiple hearings and possibly a trial |
Level of Stress | Lower | Higher |
Summary Dissolution
If you have a relatively short and simple marriage, you might be eligible for a summary dissolution, which is a streamlined version of the divorce process. For a summary dissolution to be granted, you and your spouse generally need to have been married for under five years, have no children together, have limited property and debt, and both be willing to forego spousal support. Both spouses must file jointly and agree on all aspects of the divorce in a summary dissolution. If you’re unsure whether you qualify for a summary dissolution, talking to a family law attorney may help clarify your options.
Default Divorce
If you file for divorce against your spouse, but your spouse fails to respond to the divorce paperwork within thirty days, you may be able to file a default divorce. The court can issue you the relief you requested in your petition without your spouse’s involvement. This may occur when you and your spouse lose contact and you cannot find your spouse, or when a spouse is aware of the filing but refuses to participate.
What is Involved in a California Divorce
Each divorce is unique and the California divorce process generally consists of multiple phases. Understanding what lies ahead can help you prepare and make informed decisions about your divorce.
Phases of a California Divorce
Gathering and preparing and filing paperwork. This starts with collecting information pertaining to your personal, financial, and family background, and then filling out and submitting the first round of court documents. The person filing first is referred to as the Petitioner. You will be charged a filing fee of $435 to $450 (waivers are available to those who qualify).
Serving your Spouse. After you have submitted your paperwork, your spouse must be formally advised of your intent to divorce (this is known as “service of process”). California has very specific rules about how you must serve your spouse, and you cannot serve the papers yourself.
Response Period. Your spouse has 30 days to file a response after he/she has been served. Depending on whether or not your spouse responds, and whether or not you and your spouse agree on the terms of your divorce, will determine the course of events for the remainder of the divorce process.
Financial Disclosures. Regardless of whether or not you and your spouse agree on all the terms of your divorce, both spouses must exchange detailed information about their finances, including income, expenses, assets, and liabilities. This exchange of financial information must occur within 60 days of filing and of serving your spouse, and must occur even in uncontested divorces.
Coming to Agreement or Going to Court. If you and your spouse agree on how to divide your property, handle spousal support, and set up a child custody arrangement (if applicable), you will draft a settlement agreement. If you are unable to come to an agreement on one or more of these issues, you may need mediation, or attend multiple court hearings, in order to resolve the disagreements.
Finalizing the Paperwork and Obtaining a Judgment. Once all issues are resolved and the mandatory 6 month waiting period has elapsed, you will submit the final round of paperwork to the court. If the judge approves all aspects of the paperwork, the divorce will be finalized.
⚠️ Important: The above is a simplified outline. The actual process will involve specific forms, specific deadlines, and specific county level requirements that can differ. Even minor mistakes in your paperwork can result in delays, rejection of your paperwork, or requiring you to restart the process—resulting in increased time and money.
Options for Filing for Divorce in California
You have several options when it comes to your California divorce. The right option will depend upon your financial situation, the complexity of your situation, and the amount of assistance you wish to receive throughout the process.
Option 1: Do It Yourself (DIY)
You can file for divorce on your own without hiring any professionals. This is the least expensive option, however, it requires you to find the correct forms, complete the forms accurately, file the forms with the court, serve your spouse in accordance with California laws, handle all of the financial disclosure obligations, and submit the final paperwork to the court without errors.
If you choose this option, your best source of assistance is the California Courts Self-Help Center. The self-help center provides free official step-by-step instructions on how to navigate the divorce process, including which forms to use, how to fill out the forms, how to file the forms, and how to finalize your divorce.
👉 Go to the California Courts Divorce Self-Help Guide
Additionally, many county courts have in-person Self-Help Centers where the staff will provide you with free legal information and help you fill out the forms.
The DIY approach works best for simple, uncontested divorces where both spouses agree on all aspects of the divorce. Keep in mind, even slight errors on the forms can cause rejections and delays. If you are uncomfortable navigating legal paperwork on your own, one of the other options listed below may be a better option for you.
Option 2: Online Divorce Form Services
Online divorce form services will ask you a series of questions, and then generate the forms for you. Although using online divorce form services is better than attempting to do everything yourself, you will still be responsible for submitting the paperwork to the court and ensuring the paperwork is filed correctly. The online divorce form services usually range from $150 to $500 on top of your court filing fees.
Option 3: Legal Document Preparation Service (Done-For-You)
A Registered Legal Document Assistant (LDA) will prepare the paperwork, file with the court, and assist you through the entire process. LDAs offer a variety of benefits:
- LDAs are experts on California divorce forms and court requirements.
- Your forms will be filled out correctly the first time.
- The LDA will file the paperwork with the court.
- The LDA will assist you throughout the process.
- Much less expensive than hiring an attorney.
However, an LDA is not an attorney and cannot provide you with legal advice. Therefore, if you have an uncontested divorce and you know exactly what you want, an LDA is often the perfect middle ground of affordability and professional assistance.
Option 4: Hiring a Divorce Attorney
A divorce attorney will provide you with legal advice and represent you in court. You will likely need to hire a divorce attorney if you have a contested divorce, or if you have a complex divorce involving large amounts of assets, businesses, or disputes over child custody. However, for an uncontested divorce, hiring an attorney may be more expensive than needed.
Do You Need Affordable Divorce Assistance? At California Divorce Pros, we provide Done-For-You Divorce Document Preparation. We can handle your entire divorce process for as low as $699. We handle all paperwork and filing with the court, allowing you to focus on moving on with your life without the stress of handling the divorce process on your own, or the expense of hiring an attorney. Schedule a FREE consultation with us today!
How Much Will Your Divorce Cost in California?
The cost of divorce in California can vary greatly depending upon the circumstances of your divorce and how you elect to proceed.
Option | Approximate Total Cost (including filing fees) |
DIY (Self-Filing) | $435–$600 |
Online Form Service | $600–$1,000 |
Legal Document Assistant (LDA) | $1,100–$1,800 |
Attorney (Uncontested) | $2,500–$7,500 |
Attorney (Contested) | $5,000–$50,000+ |
The fee to file a divorce in California ranges between $435 and $450. If you cannot pay the fee to file, you may be able to get a fee waiver based on your income. The fee waiver application is available at the time you file your divorce papers. There are also other potential costs associated with divorce such as service of process fees, mediation fees and other potential court filing fees or hearing fees. The more you and your ex-spouse agree upon prior to filing your divorce, the lower your total divorce costs will be.
California’s Mandatory Six Month Waiting Period
Even though you can complete the paperwork necessary for your divorce very quickly, there is a mandatory six month and one day waiting period under California law from the date that your spouse has been formally served with your divorce papers. Your divorce cannot be finalized until the waiting period is complete.
However, the waiting period does not mean that you cannot begin working on your divorce during those six months. You can use that time to complete the required financial disclosures, negotiate agreements with your spouse regarding the division of property and other aspects of your divorce, and complete the final paperwork so that your divorce can be finalized immediately after the waiting period is complete.
Frequently Asked Questions Regarding Divorce in California
Do I Have to Hire a Lawyer to File for Divorce in California?
While it is possible to hire a lawyer to assist you in completing your divorce in California, it is not necessary. In fact, many individuals successfully complete an uncontested divorce without hiring a lawyer, using the California Courts Self-Help resources, or through a professional document preparation service. However, if you have unique or complex assets or business interests, or if you and your spouse have child custody disputes, it is recommended that you consult with an attorney who specializes in family law.
How Long Will It Take to Complete My Divorce in California?
At a minimum, your divorce will take six months and one day due to California’s mandatory waiting period. An uncontested divorce typically takes the same amount of time to complete once all of the paperwork has been completed correctly. The length of time it takes to complete a contested divorce can range from one year to several years depending on the number of disputes that arise during the divorce proceedings.
Can I File for Divorce Even Though My Ex-Spouse Refuses to Sign the Papers?
Yes. California is a “no-fault” divorce state, meaning that you can obtain a divorce regardless of whether your spouse agrees or not. You do not need your spouse’s consent to file for a divorce in California. You do not need your spouse’s consent to obtain a divorce in California.
If I Cannot Locate My Spouse, Can I Still Get a Divorce?
Yes. California allows for service by publication in instances where you cannot locate your spouse. This means that you will be allowed to publish a notice of the divorce proceeding in a local newspaper and, if the court finds that you have taken reasonable steps to locate your spouse, you will be allowed to proceed with the divorce.
If I Am Unable to Pay the Court Filing Fee, What Options Are Available To Me?
If you are unable to pay the court filing fee, you may be eligible for a fee waiver based on your income. You can apply for a fee waiver at the time you submit your initial paperwork. In order to qualify for a fee waiver, you generally must either be receiving certain public benefits, your household income must be at or below the federal poverty level, or paying the fee would cause you a significant financial hardship.
What is the Difference Between a Legal Document Assistant and an Attorney?
A legal document assistant is a person who prepares legal documents at your direction, but he/she/they cannot provide you with legal advice or represent you in court. An attorney, however, can provide you with legal advice, appear in court on your behalf, and make strategic decisions about your case. While an attorney is much more expensive than a legal document assistant, an attorney provides much greater protection for you throughout the divorce process. If you and your spouse agree on everything in your divorce and you do not anticipate any challenges during the divorce process, a legal document assistant can save you thousands of dollars in attorney fees compared to retaining an attorney to assist you in the completion of your divorce.
Free Online Resources for Handling Your Divorce Yourself
If you cannot afford to hire someone to assist you in preparing the paperwork necessary for your divorce, you can access official government online resources that will guide you through the entire divorce process:
- California Courts Divorce Guide —This is a detailed, official guide that explains each step of the divorce process.
- How to Start a Divorce Case —This is a comprehensive resource that explains how to complete and submit your initial paperwork.
- California Divorce Forms —This is a list of all of the forms that you will need to complete and submit in order to complete your divorce.
- Finalize Your Divorce —This is a resource that explains what you need to do to complete the final paperwork and obtain your judgment.
- Your Local Court’s Self-Help Center —Many of the courts in California offer free in-person Self-Help Centers where you can go to obtain free legal information and assistance with your divorce paperwork. Use the link above to find the location nearest you.
Now That You Know More About How to Handle Your California Divorce, Let Us Help!
Handling the California divorce process doesn’t have to be complicated or expensive. Regardless of how straightforward or complicated your divorce situation may be, obtaining professional help with your divorce paperwork can save you time, protect you against costly errors, and allow you to move forward with your life sooner rather than later.
Still Have Questions? That’s Completely Normal.
Divorce is a lot to figure out — that’s why we’re here. Talk to our team and get clear answers about your specific situation, the paperwork you’ll need, and what to expect every step of the way.
At California Divorce Pros, we provide Done-for-You Divorce Document Preparation. As a Registered and Bonded Legal Document Assistant with over 16 years of paralegal experience assisting clients with California divorce forms, we know the California divorce system inside and out. Not only do we prepare your paperwork, we will also file the paperwork for you and walk you through the entire divorce process – for as low as $699.
Contact us today to schedule your FREE consultation, and we’ll take the divorce paperwork burden off your shoulders so you can concentrate on planning for your future.
