First, make sure you are looking at the right divorce process.
California's starting process changed in 2026 with the addition of a joint-petition path. A regular Petition/Response case, a joint petition, and summary dissolution do not begin the same way. This page focuses on the common regular petition-and-response process.
If a case is being started jointly with FL-700/FL-710, or through summary dissolution, use the California Courts instructions for that specific process rather than treating this page as a form checklist.
The regular California divorce process, at a glance
Identify the California process
California now has a regular petition-and-response process, a joint-petition process, and summary dissolution for people who meet its requirements. The starting papers and early steps are not the same for every path.
Check statewide residency and the filing county
California Courts says the regular divorce residency rule generally looks for six months in California and three months in the filing county for either spouse. Different rules can apply in some situations, including legal separation and certain domestic partnerships.
Prepare the starting forms
For the regular process, common statewide starting forms include FL-100 (Petition) and FL-110 (Summons). Cases involving minor children commonly include FL-105. Local courts can require additional local forms.
File the papers with the court
Filing gives the case a court case number. California Courts lists in-person and mail filing, and some Superior Courts also offer e-filing. The court's current local instructions control which options are available.
Complete service
In the regular process, the filed starting papers are served on the other party by an adult who is not a party to the case. The person who filed does not serve the starting papers personally.
Continue through disclosures and resolution
Starting the case is only the beginning. Financial disclosures, any temporary-order proceedings, settlement or trial steps, and judgment paperwork can follow before the case reaches a signed judgment.
What commonly happens when the case is filed?
Court forms
The regular starting packet commonly includes FL-100 and FL-110, plus other forms when applicable. A court may also use local forms.
Filing location
The statewide residency rule and the Superior Court's filing-location instructions are separate checks. The county court website can identify the correct courthouse and available filing methods.
Service
After filing, service gives the other party formal notice. Service rules are procedural requirements; the filed papers and current California Courts instructions should be used to verify what must be served and how.
Keep the filed copies
File-stamped copies, the case number, proofs of service, disclosure records, hearing notices, and signed orders become important organizational records as the case progresses.
Filing does not make the divorce final.
Opening the case is one stage. A California divorce still has later steps before a judgment can be signed, and the passage of six months by itself does not create a divorce judgment. The signed judgment and its effective termination date control marital status.
Where this guide stops
This page does not decide whether divorce, legal separation, joint petition, summary dissolution, or another process is right for a particular person. It also does not select requested orders, characterize property, recommend custody terms, or tell someone what to write in a declaration. Those are fact-specific legal questions.