What do I Need To Know Before Filing for Divorce?
What are the residency requirements to file for divorce in California?
A party seeking dissolution of marriage in California must satisfy specific residency requirements before a judgment may be entered. One spouse must have been a resident of California for six months and of the county in which the petition is filed for three months immediately before filing the petition. Cal Fam Code § 2320. These durational requirements are jurisdictional prerequisites to granting a dissolution judgment.
An exception applies to same-sex marriages entered in California where neither spouse currently resides in a jurisdiction that will dissolve the marriage. Cal Fam Code § 2320. In such cases, the superior court in the county where the marriage was entered has jurisdiction to dissolve the marriage under California law, even without the standard residency showing.
How is a dissolution proceeding commenced?
A dissolution proceeding is commenced by filing a petition which requests the Court to dissolve a marriage or enter a judgment on a legal separation. Cal Fam Code § 2330. The petition must set forth specific factual information including the date of marriage, the date of separation, the number of years from marriage to separation, the number and ages of any minor children, and a statement if there are no children.
As of 2026, parties may file a joint petition for dissolution or legal separation. A joint petition must include the date of marriage, information about children (if any), and a list of all issues the parties intend to resolve by agreement, covering matters such as legal grounds, separation date, custody, support, property division, name restoration, and fees. If parties have any issue they do not intend to resolve by agreement, they must file a standard petition rather than a joint petition.
How must the petition and summons be served on the other spouse?
A copy of the petition together with a summons in Judicial Council-approved form must be served on the other spouse in the same manner as service in civil actions generally. Cal Fam Code § 2331. Service may be accomplished within California as provided by California law, outside California but within the United States as provided by California law or the law of the place of service, or outside the United States as provided by California law, court order, the law of the place of service, or foreign authority response to letters rogatory, subject to Hague Service Convention requirements. Cal Code Civ Proc § 413.10.
If parties file a joint petition and joint summons in Judicial Council-approved form, the joint petition is deemed served on both parties upon filing with the court, and both parties are determined to have appeared.
What is the deadline for the respondent to file a response?
A respondent must file a responsive pleading and serve a copy on the petitioner within 30 days of the date of service of the petition and summons. Cal Fam Code § 2020.
What are the disclosure requirements in a dissolution proceeding?
California law requires full and accurate disclosure of all assets and liabilities to promote informed resolution of property and support issues and reduce adversarial litigation. Cal Fam Code § 2100. Each party must serve on the other party both a preliminary declaration of disclosure and a final declaration of disclosure, with proof of service filed with the court. Cal Fam Code § 2103.
The preliminary declaration of disclosure must be served by the petitioner either concurrently with the petition or within 60 days of filing, and by the respondent either concurrently with the response or within 60 days of filing the response. Cal Fam Code § 2104. If the petitioner serves by publication or posting and the respondent files a response before default, the petitioner must serve the preliminary disclosure within 30 days of the response filing. Cal Fam Code § 2104. The preliminary declaration, executed under penalty of perjury on a Judicial Council form, must identify with sufficient particularity all assets and liabilities in which the declarant has or may have an interest or obligation, the declarant's percentage ownership or obligation, and may include the declarant's characterization. Cal Fam Code § 2104. The preliminary declaration must include all tax returns filed by the declarant within the two years prior to service. Cal Fam Code § 2104. Along with the preliminary declaration, each party must provide a completed income and expense declaration unless one has already been provided that is current and valid. Cal Fam Code § 2104.
The preliminary declaration of disclosure is not filed with the court except by court order, but proof of service must be filed. Cal Fam Code § 2104. A declarant may amend the preliminary declaration without court leave, filing proof of service of the amendment. Cal Fam Code § 2104.
The final declaration of disclosure must be served before or at the time parties enter into a property or support agreement (other than pendente lite support), or if the case proceeds to trial, no later than 45 days before the first assigned trial date, unless the parties mutually waive it. Cal Fam Code § 2105. The final declaration, executed under penalty of perjury on a Judicial Council form with a current income and expense declaration, must include all material facts and information regarding characterization of all assets and liabilities, valuation of all community or quasi-community assets, amounts of all community obligations, and earnings, accumulations, and expenses as set forth in the income and expense declaration. Cal Fam Code § 2105.
Parties may stipulate to mutual waiver of the final declaration by execution of a waiver under penalty of perjury in open court or by separate stipulation, representing that both have complied with preliminary disclosures, exchanged current income and expense declarations including all material facts regarding earnings and expenses, fully augmented preliminary disclosures with all material information on characterization and valuation of assets and liabilities, and that the waiver is knowing, intelligent, and voluntary. Cal Fam Code § 2105.
From separation to distribution of community assets or resolution of support issues, each party is subject to fiduciary standards requiring accurate and complete disclosure of all assets, liabilities, earnings, and expenses, including immediate updates when material changes occur. Cal Fam Code § 2102, Cal Fam Code § 2330.
What financial forms are required for support hearings?
For all hearings involving child, spousal, or domestic partner support, both parties must complete, file, and serve a current Income and Expense Declaration (form FL-150) on all parties. Cal. Rules of Court, rule 5.260. A party requesting support must include a current, completed Income and Expense Declaration with the Request for Order filed and served, and a responding party must include one with the Responsive Declaration to Request for Order. Cal. Rules of Court, rule 5.260. "Current" means completed within the past three months provided no facts have changed, and the form must be sufficiently complete to allow the court to make an order. Cal. Rules of Court, rule 5.260. In child support hearings only, a party may complete a Financial Statement (Simplified) (form FL-155) instead of form FL-150 if eligibility requirements are met, but form FL-155 is not appropriate for spousal or domestic partner support, family support, or attorney's fees determinations. Cal. Rules of Court, rule 5.260.
What happens if the respondent does not respond to the petition?
If the respondent fails within the time permitted to make an appearance, file a motion to quash service, or file a petition for writ of mandate, the clerk must enter a default upon proper application by the petitioner. Cal. Rules of Court, rule 5.401. The petitioner may then apply to the court for the relief sought in the petition. Cal. Rules of Court, rule 5.401. The court must require proof of the facts stated in the petition and may enter judgment based on that proof. Cal. Rules of Court, rule 5.401. The court may permit use of completed Income and Expense Declaration (form FL-150), Financial Statement (Simplified) (form FL-155), and Property Declaration (form FL-160) for all or part of the required proof on relevant issues. Cal. Rules of Court, rule 5.401. A judgment based on default must include disposition of all matters subject to the court's jurisdiction for which a party seeks adjudication or an explicit reservation of jurisdiction over matters not proposed for disposition. Cal. Rules of Court, rule 5.401.
What special requirements apply to default judgments?
When a dissolution, nullity, or legal separation judgment is granted upon default, specific procedural safeguards apply. The signature of the defaulted spouse on any marital settlement agreement or stipulated judgment must be notarized. Cal Fam Code § 2338.5. The court clerk must give notice of entry of judgment to the attorney for each party or to the party if unrepresented. Cal Fam Code § 2338.5. The party submitting the judgment must provide the clerk with a stamped envelope with sufficient postage addressed to the other party's attorney or the party if unrepresented, with the court clerk's address as the return address. Cal Fam Code § 2338.5. The clerk must maintain any document returned by the post office as part of the court file. Cal Fam Code § 2338.5.
Are disclosure requirements different in default cases?
In a default judgment, the petitioner may waive the final declaration of disclosure requirements and is not required to serve a final declaration on the respondent or receive one from the respondent. Cal Fam Code § 2110. However, a preliminary declaration of disclosure by the petitioner is required unless the petitioner served the summons and petition by publication or posting pursuant to court order and the respondent has defaulted. Cal Fam Code § 2110.
What is the six-month waiting period?
California law imposes a mandatory six-month waiting period before a dissolution judgment becomes final, calculated from the date of service of the petition on the respondent or the date of appearance of the respondent, whichever occurs first. While this waiting period is not detailed in the provided statutory references, it is a fundamental requirement of California dissolution proceedings that delays the effective date of marital status termination.
What must be included in the final judgment?
A dissolution judgment must resolve all issues subject to the court's jurisdiction for which adjudication is sought, or explicitly reserve jurisdiction over matters not resolved at that time. Cal. Rules of Court, rule 5.401. The judgment addresses marital status, child custody and visitation, child support, spousal support, division of community and separate property, allocation of community debts, attorney's fees and costs, and name restoration if requested. The judgment must be based on proof of facts establishing grounds for dissolution and compliance with all statutory requirements.
Conclusion
The California dissolution process requires compliance with specific statutory procedures from initial filing through final judgment. Key requirements include satisfying residency prerequisites, proper service of petition and summons, timely response or default procedures, comprehensive financial disclosures at preliminary and final stages, proof of grounds and facts supporting relief, and adherence to procedural safeguards in default cases. Parties must exchange detailed information about assets, liabilities, income, and expenses to ensure informed resolution of property division and support issues. Whether proceeding by contested litigation, uncontested default, or summary dissolution, strict compliance with Family Code mandates and Judicial Council forms is essential to obtaining a valid dissolution judgment. Contact us for more information or call us at (619) 630-2164for a free 20-minute phone consultation.
