Starting a divorce in California: your checklist

Step 1

Before you file

Get oriented and gather what you can. Missing items should not stop you from asking questions.

• Confirm residencyCalifornia generally requires that one spouse has lived in the state for at least six months and in the county where you file for at least three months.
• Note your date of separationWrite down the date you and your spouse separated. It affects how property and debts are characterized.
• Collect marriage informationDate and place of marriage, full names and dates of birth for both spouses and any children.
• Talk with an attorneyA free half-hour consultation is a good time to ask about your options, timing and next steps.

Step 2

Papers to prepare and file

These are the court forms commonly used to start a divorce. Your situation may need others.

• Petition (Form FL-100)The document that asks the court to end the marriage and states what you are requesting.
• Summons (Form FL-110)Notifies the other spouse that a case has been filed and sets the time to respond.
• Declaration under UCCJEA (Form FL-105)If you have minor children, this form lists where they have lived over the past five years.
• File with the Superior CourtFile the original papers with the court clerk in the proper county and keep copies for your records.

Step 3

Serve your spouse

Your spouse must receive the papers in a way the court accepts.

• Choose who servesPapers must be served by someone over 18 who is not a party to the case.
• Serve the papersHave the papers delivered in person, or have your spouse sign a Notice and Acknowledgment of Receipt.
• File proof of serviceThe person who served the papers completes a proof of service, and it is filed with the court.

Step 4

Share financial information

Both spouses are generally required to exchange complete financial disclosures.

• Income and expensesPay stubs, tax returns and a list of monthly expenses, often summarized on an Income and Expense Declaration.
• Assets and debtsBank, retirement and investment statements, real estate and vehicle records, and a list of debts.
• Declaration of DisclosurePrepare and exchange the required disclosure documents with your spouse.

Step 5

Reach a judgment

Most cases end by agreement, and some go to trial.

• Allow for the six-month waiting periodThe earliest your marital status can end is six months from the date your spouse is served.
• Work toward an agreementResolve custody, support, property and debts in a written Marital Settlement Agreement when possible.
• Submit the judgmentYour agreement or the court's decision becomes a judgment that a judge signs to end the marriage.