Fill out your divorce forms
To start a divorce in California, you need to fill out court forms.
This page explains which divorce forms to fill out and how to complete them.
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Check if you can start a divorce in California
Before you fill out divorce forms, make sure you meet California’s rules.
Residency requirement
To start a divorce in California, either you or your spouse must have:
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Lived in California for the past 6 months, and
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Lived in your current county for the past 3 months
This is called the residency requirement.
Same-sex couples
If you:
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Got married in California, and
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Now live in a state that doesn’t allow same-sex divorce
You can fill out divorce forms and file them in the California county where you got married.
⚠️ The court can end your marriage, but it may not be able to make decisions about property, support, or children. Talk to a lawyer to learn more.
Domestic partners
If your domestic partnership is registered in California, you don’t need to meet the usual residency rules to file for divorce here.
But if neither of you lives in California now, the court may not be able to make orders about property, support, or children.
If your domestic partnership isn’t registered in California, you’ll need to meet the residency requirement to file.
❌ If you don’t meet the residency requirement
You can either:
- Wait until you meet the requirements, or
- Start with a legal separation and switch to divorce later
Learn more about legal separation
Get help before you start
How you fill out your divorce forms matters. Mistakes can cause delays or affect the outcome of your case.
Before you begin, it helps to understand these common terms:
- Community and separate property
- Date of separation
- Spousal support
- Child custody and visitation
- Child support
You can get help from:
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Your court's family law facilitator or self-help center. ↗️
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A lawyer ↗️ to help you with all or a part of your case. It’s possible to complete the process without a lawyer, but if you have a lot of property or debt, you may want to hire a lawyer, at least for those parts of the case.
Choose and fill out your divorce forms
↗️ All court form links open in a new tab.
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Fill out forms
Fill out these forms:
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Petition—Marriage/Domestic Partnership (form FL-100)
This form starts your divorce case. It asks for basic information about your marriage and what you want the court to decide, like property or support.
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Summons (Family Law) (form FL-110)
This form tells your spouse you’re starting a divorce case and that they have 30 days to respond.
📌 Read the Summons carefully. It includes rules you must follow as soon as your case starts.
On these forms:
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You’re called the petitioner because you’re starting the case.
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Your spouse is called the respondent.
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Fill out extra forms if needed
If you have children together
If you and your spouse have children under 18, also fill out:
Declaration under Uniform Child Custody Jurisdiction and Enforcement Act (form FL-105)
This form tells the court where your children live and whether there are other court cases involving them.
💵 If you can’t afford the filing fee
The filing fee for a divorce case is $435–$450.
If you can’t afford this fee, you can fill out forms to ask for a fee waiver. ↗️
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Decide if you need temporary orders
You may need to ask for something right away, rather than waiting until your divorce is final. For example:
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Where your children will live
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You may need financial support from your spouse
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You may need to figure out who stays in your home or pays bills
There's a process to ask the court to decide by requesting a temporary order. You’ll need to fill out more forms.
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Check for local court forms
Some courts require additional local forms.
Before you finish filling out your divorce forms:
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Check your court’s website
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Call the court clerk
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Ask the family law facilitator or self-help center ↗️
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Make copies of your forms
After you’ve filled out the forms and signed the Petition, make 2 copies of both forms.
Key takeaways
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You must meet California’s residency rules before starting a divorce.
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Most people must fill out FL-100 and FL-110.
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If you have children or need a fee waiver, you’ll need extra forms.
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You may need extra forms if you want the court to decide something right away.
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Always check for local court forms and make copies of everything.
Start a divorce case
What's next?
Once you’ve completed the forms and made copies, you’ll file them with the court.