Get California Online Divorce Forms for $49.99/month– Limited Time Offer!
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A California divorce starts when one spouse files a Petition (form FL-100) and a Summons (FL-110), and ends the opening phase when the other spouse either files a Response (FL-120) or lets the 30-day deadline pass.
Those two forms decide the shape of the whole case. The petition sets out what is being asked for; the response is the other spouse’s chance to disagree. Miss the 30-day window and the case can proceed by default, on the petitioner’s terms.
The FL-100 Petition for Dissolution of Marriage is the document that opens your case. It tells the court who you both are, when you married and separated, and what orders you want.
It asks for:
A common mistake is leaving requests out. A court cannot generally award something you did not ask for in the petition. If you might want spousal support, tick the box now; you can always decline it later, but adding it afterwards means amending the petition.
You file at the superior court in the county where the residency requirement is met. Alongside the FL-100 you file:
The filing fee is \$435 to \$450 depending on county. If you cannot afford it, form FW-001 waives it entirely based on income or public-benefit eligibility. Many counties now accept electronic filing; others require it in person or by mail.
The clerk stamps your copies and assigns a case number. Keep the stamped set: you serve a copy on your spouse and keep one for your records. See California divorce forms for the full list.
Filing alone does not notify your spouse. They must be formally served, and you cannot do it yourself. Service must be carried out by someone aged 18 or over who is not a party to the case: a friend, a professional process server, or the county sheriff.
Two methods are common. Personal service means handing the documents over directly, and is the most reliable. Service by mail with Notice and Acknowledgment works only if your spouse cooperates by signing and returning the acknowledgment.
The server completes a Proof of Service of Summons (FL-115), which you file with the court. This step matters more than almost any other: the date of service starts the mandatory six-month waiting period, so a delay here delays the entire divorce. More detail in our guide to filing and serving divorce papers.
If you have been served, you have 30 days to file a Response using form FL-120. The clock runs from the date of service, not from when you got round to reading it.
The FL-120 mirrors the petition. You confirm or dispute the dates of marriage and separation, state your own requests for custody, support and property, and are filing your own position with the court rather than merely objecting to theirs.
Filing a response costs the same \$435 to \$450 fee, also waivable with FW-001.
Responding does not mean you are fighting. This is the most common misunderstanding. Plenty of amicable couples both file, precisely so that both are formally on record and both can shape the judgment. If you disagree with anything in the petition, or want anything that is not in it, you must respond.
If 30 days pass with no response, the petitioner can request a default, and the case proceeds without the other spouse’s participation. There are two versions:
Default does not mean an automatic win. A judge still reviews the paperwork, and requests that look unreasonable or unsupported get questioned, particularly anything involving children. Financial disclosures are still required from both sides.
Some couples can skip the petition-and-response structure entirely using summary dissolution, a streamlined process with less paperwork and no court appearance. You must meet every condition: married less than five years, no children together, no real estate, limited debt and property, and both spouses waive spousal support.
Couples who fully agree but do not meet those limits can instead file a joint petition (FL-700), filing together as co-petitioners rather than one suing the other. It removes the petitioner-versus-respondent framing, which many couples find makes the whole process less adversarial.
FL-100 is the Petition for Dissolution of Marriage, the form that opens a California divorce case. It states the dates of marriage and separation, confirms residency, cites irreconcilable differences, lists any children, and sets out the orders you are asking the court to make.
Thirty days from the date you were served, not from the date of filing. If you miss it, the petitioner can request a default and the case can proceed without your participation, with the court granting the orders requested in the petition.
FL-120 is the Response to a Petition for Dissolution of Marriage. It mirrors the petition: you confirm or dispute the dates, state your own requests for custody, support and property, and formally put your position on the record. Filing it costs the same fee as the petition.
Not necessarily. Amicable couples often use default with agreement, where the respondent does not file an FL-120 but signs a written settlement agreement instead, saving one filing fee. You should file a response if you disagree with anything in the petition or want something it does not request.
The filing fee is $435 to $450 depending on the county, and the same amount again if the other spouse files a response. Form FW-001 can waive the fee entirely based on income or eligibility for public benefits.
No. Service must be done by someone aged 18 or over who is not a party to the case, such as a friend, a professional process server or the sheriff. The server signs a Proof of Service (FL-115) which you file with the court. Improper service is void and the waiting period does not start.
The thirty-day response clock starts, and so does the mandatory six-month waiting period before the divorce can be final. Both spouses then exchange financial disclosures, negotiate the terms, and eventually file a judgment packet for a judge to review and sign.
The FL-110 Summons carries standard restraining orders that bind both spouses from the moment the case begins: neither may move children out of state, sell or transfer property outside the ordinary course, or change insurance beneficiaries, without consent or a court order.
The petition sets the boundaries of everything that follows, and requests you leave out are hard to add later. Our guided program prepares the FL-100, FL-110 and every attachment your county requires, walks you through service, and has a California divorce expert check the packet before it reaches the clerk.
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