What documents are needed for divorce in California?

For a California divorce, the petitioner spouse needs to file forms FL-100 and FL-110. You may also need to file forms FL-105. Additional, non-required forms include: FL-160, FL-300, FL-311 and DV-110.

How do I get official divorce papers in California?

The simplest way to get official divorce papers in California is through the California government’s self-help divorce website. Or you can have an attorney prepare and file them on your behalf.

Can you serve divorce papers by mail in California?

In California, you may serve divorce papers by mail, as long as the other side signs and returns the FL-117 acknowledging service.

How long do you have to serve divorce papers after filing in California?

You generally have 30 days after filing to serve divorce papers. Courts generally don’t dismiss a filing for three years.

Who can serve divorce papers in California?

Anyone 18 or older and not involved in the case may serve divorce papers in California.

How to file and serve California divorce papers

What's Inside

Bottom line

In 2022, Olivia Wilde was served divorce papers on stage at an event, sparking a conversation about when and where it’s appropriate to serve someone with divorce. While most people won’t be in such a public place when served, the incident highlighted the requirement that people receive notice about a lawsuit directly and reliably.

Below, we explore how to file for divorce in California, including what documents you’ll need and how to file them. Then, we cover the next step—serving your divorce papers—including what service of process means and how to get it done.

Key takeaways:

To begin the California divorce process, complete and file forms available online.
After you file, you need to ensure someone serves the divorce papers on your spouse. That someone can’t be you.

How to file for divorce in California

To begin the legal divorce process in California, one of the spouses needs to file a petition for a dissolution of marriage. The filing process typically includes the following steps:

1. Verify you meet the filing requirements

2. Complete the initial paperwork

3. File your papers with the appropriate court

4. Serve your filed papers on your spouse

Pro tip: Sometimes, people file divorce papers without giving their spouse a heads-up. In most circumstances, if it’s safe for you to do so, you should let your spouse know before filing so they’re not blindsided. However, if there is a concern that the spouse will avoid service if notified, then this may not be a good idea. Minimizing conflict during divorce may be difficult, but you may save time, money and heartache by being cooperative.

Filing requirements

To file for divorce in California, you must have

Been a California resident for at least six months
Lived in the county where you file for at least three months

If you and your spouse live in different counties and meet the residency requirements, you may file in either county.

Initial paperwork

The State of California provides several forms to assist in the divorce initiation process:

FL-100 — provide information about the marriage, including property each spouse owns
FL-105 — provide information about any shared minor children
FL-110 — prepare a summons to serve on your spouse

The spouse who files the paperwork is called the petitioner on the forms. The spouse who receives the papers is the respondent. You must file forms FL-100 and FL-110 in every divorce case and form FL-105 in any case involving minor children.

Filing with the court

Next, file the completed forms with the appropriate county court. You may file paper copies of your documents at any courthouse or by mail. Many courts also allow you to file electronically.

When you file, you generally pay a filing fee between $435 and $450. If you don’t have enough money, you may qualify for a fee waiver.

After you file, the court will fill in the boxes on each form marked “for court use only” and return the documents to you. Then, it’s time to serve your spouse.

Pro Tip:

If you file on paper, you file the originals—the pages with your signature in ink. Regardless of how you file, keep a copy of every document for your records.

How to serve divorce papers in California

What happens after divorce papers are filed in California? You need to have someone serve the papers on your spouse. To serve divorce papers in California, you must follow several requirements related to:

What documents you provide
Who serves the documents
How they serve the documents

Certain circumstances may modify the rules, particularly if the respondent spouse is outside California or you can’t locate them.

If you file a request for orders (FL-300) with your petition, the court should schedule a hearing to address your requests. You should typically serve your spouse at least 16 court days (days the court is open) before the hearing.

Once your spouse is served, you file proof of service with the court, and the restrictions on the summons—a Standard Family Law Restraining Order—become active. These automatic orders are listed on the Summons, and in general restrict parties from moving assets or removing the minor children from California.

Documents to include

At a minimum, the paperwork to be served should include copies of everything you have filed and a blank form FL-120. If you have filed any requests for temporary orders, you should also provide blank response forms for your spouse.

Who may serve the documents?

Anyone 18 or older and not involved in the divorce action may serve the papers. You may request one of the following serve the papers:

A friend or someone else you know
A professional process server

Process servers will typically charge delivery fees.

Delivery method

Generally, your server may deliver your California divorce papers through:

Personal delivery to your spouse

The mail, provided the respondent signs and returns the required form

If they’re unable to deliver the documents personally, the server must:

File and draft a declaration of due diligence explaining the attempts
Leave them at the person’s home or workplace with someone at least 18 years or older who’s aware of what the documents are
- If the documents are left at the workplace, you must give them to someone with authority at said workplace.

Then, the server must send a copy through first-class mail with prepaid postage to the address where they delivered the documents. For service to count, the other party needs to sign and return the document.

Proof of service

Once the server delivers the documents, they should complete and sign form FL-115. If the server sent the documents through the mail, you should attach a copy of the special notice, signed by your spouse, to the proof of service you file.

Special circumstances

If your spouse is in another state, the server may follow the same rules for serving divorce papers in California and deliver the documents personally or by mail. If the server goes through the mail, they typically need to include form FL-117. In some states, the server may be allowed to serve the documents by sending them through certified mail with return receipt requested.

The U.S. has treaties that address service of process with many countries. If your spouse is outside the U.S., it may be advisable to consult an attorney or international service company to ensure you are following proper procedures.

If you can’t locate your spouse, you may request to serve them through public notice. To serve your spouse this way, you publish the documents in a public venue, typically a newspaper or courthouse.

Next steps after filing and service of process

After your spouse receives the papers, they have 30 days to file a response. If they don’t file on time, you may request that the court grant a default divorce.

Your spouse may also request temporary orders on child custody, child support or spousal maintenance. They should also complete form FL-105 if you share minor children.

Your spouse needs to serve their response on you as well, which they can do via regular mail.

Within 60 days of filing your petition, you and your spouse need to file financial disclosures. These forms include form FL-140 (Declaration of Disclosure), form FL-150 (Income and Expense Declaration), and form FL-142 (Schedule of Assets and Debts) or FL-160 (Property Declaration).

Starting the divorce process

Many online resources are available to help if you don’t have a lawyer. Yet, many find that hiring a lawyer helps them walk away with more of what they want from the divorce. Your lawyer can advise you on what information you need to provide, help you fill out forms and ensure you file everything you need to.

Issues in a divorce may quickly become more complicated than you expect, especially when children and property are involved. Having a steady, reliable, knowledgeable attorney to guide you may help you avoid mistakes like serving your soon-to-be ex-spouse on stage at a public event.

Sources

https://www.theguardian.com/film/2022/apr/30/olivia-wilde-cinema-con-papers-jason-sudeikis

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM&sectionNum=2320.

https://www.courts.ca.gov/documents/fl100.pdf

https://www.courts.ca.gov/documents/fl105.pdf

https://www.courts.ca.gov/documents/fl110.pdf

https://www.courts.ca.gov/find-my-court.htm

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM&sectionNum=2331.

https://www.courts.ca.gov/documents/fl120.pdf

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP&sectionNum=414.10.

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP&sectionNum=415.10.

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP&sectionNum=415.30.