California Divorce - Step by Step

1. File Petition
This gets you started, if you do not have a case number yet. The petition must be filed in the county where you or your spouse reside.
File California Divorce Petition
2. Serve your Spouse and File Proof of Service

Option 01 - If your spouse is WILLING to sign the document:

  • Step #2 - Choose way to serve your spouse

    • You can choose one of the following methods to serve your spouse:

    1. Personal service:

      This means that your "server" hand-delivers a copy of all the papers (and required blank forms) to your spouse. OR,

    2. Service by mail with a Notice and Acknowledgment of Receipt:

      If you and your spouse are cooperating on your family law case, and your spouse agrees to accept service by mail, this can be an easy and less expensive way to serve the papers.

      Someone 18 or older (NOT you) that is not involved in the case must mail copies of each of the forms you filed with the court, the blank forms listed above, and 2 copies of the Notice and Acknowledgment of Receipt (Family Law) ( FL-117).

    3. Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (FL-105/GC-120) - If you have children with your spouse.
  • Step #3 - File your proof of service

    • Once you serve your spouse with copies of your papers, you must show the court that you completed this step.

    To do this, your "server" has to fill out:

    1. Proof of service of summons (FL-115)
    2. Notice and Acknowledgment of Receipt (FL-117) - Only if service by mail
    How to File: Once done, submit it to the court FREE of charge. However, if you want us to file it, scan (should be very clear) and email them to efile@1efile.com after making a standard e-Filing fee payment by going to Payment Page and we will fix the document, make it text searchable, and file the document.
Option 02 - If spouse is missing:

If you do not know the whereabouts of your spouse or domestic partner in order to properly serve him or her with your filed Summons and Petition (or some other document), you can ask the court for permission to serve your papers 'by publication' or 'by posting'.

  • Step #1 - Choose way to serve your spouse
    1. Service by publication

      2. Service by publication means that you publish the Summons or other document in a newspaper of general circulation in the area where your spouse or partner is likely to be. For service by publication, you will have to pay the newspaper a fee to publish the document. It will have to be published for 4 weeks in a row, at least once a week.

    2. Service by posting

      3. Service by posting means that the court clerk posts the Summons or other document in a visible place designated for court notices at the courthouse. To serve by posting, you must qualify for a court fee waiver.

  • Step #3 - File to court
    • How to File: Once done, submit it to the court FREE of charge. However, if you want us to file it, scan (should be very clear) and email them to efile@1efile.com after making a standard e-Filing fee payment by going to Payment Page and we will fix the document, make it text searchable, and file the document.
3. Preliminary disclosure of financial information
Step #3.1 - Exchange Financial Disclosure Forms with your spouse after complete

Within 60 days of filing the Petition, the petitioner and respondent must fill out and serve the following forms on the other party:

  1. Declaration of Disclosure (FL-140) , which is a cover sheet for your declaration of disclosure
  2. Schedule of Assets and Debts (FL-142) or a Property Declaration (FL-160) and
  3. Income and Expense Declaration (FL-150)
  4. All tax returns you filed in the last 2 years with your disclosure documents.
Step #3.2 - Exchange Financial Disclosure Forms with your spouse after complete

Fill out the following form and file. The form tells the court you sent your disclosure documents as required.

  1. Declaration Regarding Service of Declaration of Disclosure (FL-141)
    2. How to File: Once done, submit it to the court FREE of charge. However, if you want us to file it, scan (should be very clear) and email them to efile@1efile.com after making a standard e-Filing fee payment by going to Payment Page and we will fix the document, make it text searchable, and file the document.
4. Wait 30 days
You CANNOT file final forms (Step #5 forms) until at least 30 days have passed since you served your spouse or domestic partner with your summons and petition.
5. Finalize the divorce
Step #5.1 - Ways of Finalize Divorce
  • Option #2 - Spouse Filed a Response (FL-120) and you DO NOT Have an Agreement (Contested Case)

    • The parties must go to trial and have a judicial officer resolve the issues.

Step #5.2 - Orders and Support Forms
Step #5.3 - Completing the final Declaration of Disclosure
  • Option #1 - Skip your final declaration of disclosure

    • If you both want to waive (Skip) your final Declaration of Disclosure, use following form:

    1. Stipulation and Waiver of Final Declaration of Disclosure (FL-144)
    How to File: Once done, submit it to the court FREE of charge. However, if you want us to file it, scan (should be very clear) and email them to efile@1efile.com after making a standard e-Filing fee payment by going to Payment Page and we will fix the document, make it text searchable, and file the document.
  • Option #2 - Serve a Final Declaration of Disclosure
    • Step #1 - Exchange Financial Disclosure Forms with your spouse after complete

      • You and your spouse each have to prepare and serve a final Declaration of Disclosure at the end of your case. The final Declaration of Disclosure will use the same forms as the preliminary declaration and must have complete, up-to-date information.

      1. Declaration of Disclosure (FL-140)
      2. Schedule of Assets and Debts (FL-142) or Property Declaration (FL-160)
      3. Income and Expense Declaration (FL-150)
      4. And, as part of the declaration of disclosure, you must also write, on separate sheets of paper:
        1. A statement explaining how you came up with your estimated value of all assets that are all or partly community property;
        2. A statement listing values of the assets and debts that you and your spouse or domestic partner may be liable for; and
        3. A list of your investment opportunities since you separated.
    How to File: Once done, submit it to the court FREE of charge. However, if you want us to file it, scan (should be very clear) and email them to efile@1efile.com after making a standard e-Filing fee payment by going to Payment Page and we will fix the document, make it text searchable, and file the document.
6. Receive your final judgment
A court clerk will mail the Judgment and Notice of Entry of Judgment to each spouse or domestic partner, with the date that the judgment was filed stamped in the upper right corner.
Keep a copy of these forms in a safe place. You may need them in the future.