How to File for Divorce in California: A Step-by-Step Guide from a Marin County Family Law Attorney

Filing for divorce is never a decision taken lightly. Whether you've been considering it for some time or find yourself facing the unexpected, knowing what to expect can help ease the uncertainty. At the Law Office of Kristine Fowler Cirby, we’ve guided thousands of clients through this deeply personal process with clarity, compassion, and over 30 years of family law experience—26 of those in Marin County.  If you’re thinking about divorce in California, here’s what you need to know:

1. Do You Meet California’s Residency Requirements? Before you can file for divorce in California, either you or your spouse must have:

• Lived in California for at least six months, and
• Lived in the county where you plan to file (for example, Marin County) for at least three months.

If you don’t yet meet these requirements, you may still be able to file for legal separation until you do.

2. California is a No-Fault Divorce State You don’t need to prove that either spouse did anything wrong. The most common legal ground is simply “irreconcilable differences”—which means the relationship has broken down beyond repair.

3. The Paperwork: Filing for Divorce To begin your case, you (the Petitioner) must file the following documents with the court:

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

These forms provide the court with essential information about your marriage, children, property, and what you’re asking the court to decide.
Once filed, there is a court filing fee, currently around $435. If you are unable to afford this, you may qualify for a fee waiver.

4. Serving the Divorce Papers California law requires that your spouse (the Respondent) be personally served with the filed documents. You cannot do this yourself, but a third party (over age 18 and not involved in the case) can serve the documents. We assist clients in coordinating service properly and efficiently.

5. The Response Period After being served, your spouse has 30 days to file a Response (FL-120). If they do not respond, the case may proceed by default. If they want to participate, we can have a default with agreement. If they do not want to participate you can still get divorced. If they do respond and there are disagreements over custody, property, or support, the case becomes contested—and we’ll work with you on strategy moving forward.

6. Exchanging Financial Information Both spouses are required to exchange Preliminary Declarations of Disclosure, which include:

• Income and expense reports
• Property and debt disclosures
• Supporting documents such as tax returns and pay stubs

These disclosures are essential to ensure a fair and transparent process, and are legally required before a divorce can be finalized.

7. Working Toward Resolution In many cases, we help our clients reach a marital settlement agreement through:

• Direct negotiation
• Mediation
• Collaborative divorce

When agreements cannot be reached, we are fully prepared to represent your interests in court. Kristine’s extensive litigation experience in Marin County ensures your case is in capable hands.

8. Finalizing the Divorce Even if everything is resolved quickly, California requires a minimum six-month waiting period from the date your spouse was served before the court can finalize your divorce. Once that period has passed and all paperwork is submitted, the court can issue your Judgment of Dissolution—and your divorce will be official.

You Don’t Have to Do This Alone Divorce is not just a legal process—it’s an emotional and often life-changing journey. At the Law Office of Kristine Fowler Cirby, we are committed to helping you move forward with confidence, clarity, and compassion.
If you're considering divorce or have questions about your options, we’re here to help. 📞 Contact us today to schedule a consultation.
Let’s talk about what’s next—and how we can support you through it.

© Law Office of Kristine Fowler Cirby. Any information you obtain from this article is not legal advice. Legal counsel should be sought for the answers to specific legal questions. This communication is an advertisement as defined by The Rules of Professional Conduct and California Business and Professions Code.  By Kristine Fowler Cirby, Esq.

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