How to File Divorce Papers in California

Starting the Divorce Process

Filing for divorce in California begins with submitting a set of initial documents to the family court. These forms officially start the divorce case and notify the court that one spouse is requesting a dissolution of marriage.

The process usually involves preparing two or three main forms and filing them with the superior court in the county where you live.

The forms most commonly required at the beginning of a divorce are:

• FL-100 – Petition for Dissolution of Marriage
• FL-110 – Summons
• FL-105 – Declaration Under UCCJEA (if you have children under 18 with your spouse)

Once these forms are completed and filed with the court, the divorce case is officially opened.

The Petition (FL-100): Starting the Divorce Case

The FL-100 Petition for Dissolution of Marriage is the primary document used to start a divorce case in California.

This form tells the court basic information about the marriage, including:

• The date of the marriage
• The date of separation
• Whether there are minor children
• The type of orders the filing spouse may request
• Basics regarding property ownership – should you choose to provide at this stage

The Petition is not meant to be a final agreement between spouses. Instead, it serves as a starting position that outlines what the filing spouse believes they may be entitled to at the beginning of the divorce process.

For example, the Petition may indicate whether the filing spouse is requesting:

• Division of community property
• Child custody arrangements
• Child support
• Spousal support

It is common for these requests to change later as spouses exchange financial information and negotiate a settlement.

The spouse who files the Petition is referred to as the Petitioner, while the other spouse is called the Respondent.

The Summons (FL-110): Notifying the Other Spouse

The FL-110 Summons is filed together with the Petition.

This document formally notifies the Respondent that a divorce case has been started and explains important legal restrictions that apply during the case.

The Summons includes Automatic Temporary Restraining Orders (ATROs), which prevent both spouses from:

• Transferring or hiding marital property
• Canceling insurance policies
• Removing children from California without permission
• Cancelling credit cards or debit cards that the other spouse has possession of
• Closing bank accounts

These restrictions apply to both spouses once the divorce papers are served.

The Summons also informs the Respondent that they generally have 30 days to file a response after receiving the papers.

The UCCJEA Form (FL-105): Required When Children Are Involved

If the spouses have minor children together, an additional form must be filed with the Petition.

This form is called the Declaration Under the Uniform Child Custody Jurisdiction and Enforcement Act (FL-105).

The purpose of this document is to provide the court with information about the children's living situation so the court can determine whether it has jurisdiction over custody matters (see Family Code § 3421). For the Court to be able to retain jurisdiction (make orders) over the child, the child must have resided within California for the last six months, however exceptions do apply.

The FL-105 asks for information such as:

• Where the children have lived during the past five years
• Who the children lived with
• Whether there are other custody cases involving the children

This form helps prevent conflicting custody orders between different states or courts.

Filing the Divorce Forms With the Court

Once the forms are completed, they must be filed with the family law division of the California Superior Court in the county where either spouse meets the residency requirements.

There are generally two ways to file divorce papers in California.

Filing Divorce Papers in Person

Some people choose to file their divorce paperwork directly at the courthouse. The following is generally accepted, however, always check your jurisdictions local requirements for filing prior to attempting in person filing.

To file in person:

1. Print the completed forms.
2. Make two copies of each document.
3. Bring the originals and copies to the family law clerk’s office.
4. Pay the required court filing fee.
5. The clerk stamps the documents and returns copies for your records.

Once the clerk accepts the filing, the divorce case is officially opened and assigned a case number.

Filing Divorce Papers Online (E-Filing)

Many California courts now allow divorce papers to be filed electronically.

Online filing is typically done through an approved electronic filing service provider (EFSP) such as:

• Green Filing
• Odyssey eFileCA
• One Legal
• File & ServeXpress

With electronic filing, the user uploads completed forms to the EFSP website, pays the filing fee electronically, and the documents are transmitted to the court.

If the filing is accepted, the court returns file-stamped copies electronically.

E-filing can be convenient because it allows people to submit documents without visiting the courthouse.

However, availability and procedures vary by county, so it is important to check whether the court handling the case accepts electronic filings.

What Happens After the Forms Are Filed

After the Petition, Summons, and any required additional forms are filed, the next step is serving the divorce papers on the other spouse.

The Petitioner cannot personally deliver the documents. Instead, the papers must be served by another adult who is not involved in the case.

Once the Respondent receives the documents, the divorce process continues with additional steps such as financial disclosures, negotiations, and ultimately submission of a final judgment.

Summary

Filing for divorce in California begins by preparing and submitting three key forms: the FL-100 Petition, the FL-110 Summons, and the FL-105 Declaration Under UCCJEA if minor children are involved.

These forms open the divorce case and inform the court about the marriage and the issues that may need to be resolved.

After the paperwork is prepared, it can typically be filed either in person at the courthouse or online through an approved electronic filing provider.

Once the forms are accepted by the court, the divorce case officially begins.