The six-month rule
The earliest a marriage can be terminated is six months after the respondent is served with the summons and petition or first appears in the case, whichever comes first (Family Code § 2339(a)); the court can extend that period for good cause. This is a floor, not an estimate — an uncontested matter can still take longer if paperwork is incomplete.
Contested matters involving custody, support or significant property can take considerably longer, and the six-month figure is a common source of unrealistic expectations.
The basic sequence and forms
Petition (form FL-100) and Summons (FL-110) filed and served; if there are children under 18, the UCCJEA declaration (FL-105) as well (California Courts Self-Help Guide). The respondent then has 30 days after service to file a Response, or the petitioner can ask for a default. Financial disclosures are exchanged — this step is mandatory and cases often stall here. Negotiation or mediation. Judgment, by agreement or after hearing.
The filing fee for a petition, and again for a response, is $435 under the statewide civil fee schedule effective January 1, 2026 (the base fee in Gov. Code § 70670 plus surcharges set by other statutes); check the court's current schedule before filing. A fee waiver can be requested with form FW-001 if you receive certain public benefits or have low income.
Couples who agree on everything now have a shortcut. Since January 1, 2026, a Joint Petition for Dissolution (form FL-700, with Joint Summons FL-710) lets both spouses start the case together (SB 1427): you file as co-petitioners, no service on the other spouse is needed, and a single $435 filing fee covers both. Unlike the old summary dissolution, there is no limit on length of marriage, assets or debts, and children and real property are allowed — as long as all terms are agreed at filing. The six-month waiting period still applies (California Courts Self-Help Guide).
Temporary orders for support or custody can be sought early and run alongside the main process.
Residency and where to file
To file for divorce, one spouse must have lived in California for six months and in the county where the case is filed for three months immediately before filing (Fam. Code § 2320(a)). If you do not yet meet that requirement, you can file for legal separation and later amend the petition to ask for a divorce once the residency requirement is met (Fam. Code § 2321).
Los Angeles County Superior Court handles family law in particular district courthouses rather than at every courthouse — check the court's filing-location information at lacourt.org before preparing anything.
Financial disclosure is not optional
Each spouse must serve a preliminary declaration of disclosure, under penalty of perjury on Judicial Council forms (including FL-140 and an income and expense declaration), within 60 days of filing the petition or response, and file proof of service with the court (Fam. Code § 2104). A final declaration is also required unless both parties validly waive it (Fam. Code § 2105). A judgment can be set aside for perjury in, or failure to comply with, these disclosures (Fam. Code § 2122). Do it properly the first time even when it is tedious.
Confirm residency and the correct filing location
Both are threshold requirements (Fam. Code § 2320).
Prepare and file the petition
Official Judicial Council forms are available free from the California Courts self-help site — always use the current version.
Serve the other party properly
The summons must be served by an adult who is not a party to the case — you cannot serve it yourself (Code Civ. Proc. § 414.10). Defective service can delay the case.
Exchange financial disclosures
Preliminary disclosures are required of both parties (Fam. Code § 2104); in a default case the petitioner still serves them (Fam. Code § 2110).
Resolve or litigate the issues
Mediation is available and can be faster and cheaper than a contested hearing; if custody or visitation is contested, mediation is mandatory (Fam. Code § 3170).
Submit the judgment
The judgment paperwork is a substantial task and is where self-represented filers often need help; court self-help centers can assist.
Common questions
Do we both need lawyers?
Is a legal separation faster?
What does it cost?
Official sources
About this guide
Last reviewed October 2026 by the LA Law Hub editorial team against the official sources listed above. Laws, court rules, fees and local ordinances change, and how they apply depends on facts this guide cannot know. LA Law Hub is not a law firm. This guide is general information, not legal advice, and reading it does not create an attorney-client relationship. For advice about your own situation, speak with a lawyer licensed in California.
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