California Divorce Cost, Filing Fees & Process
Researched by the LawLintel Data Team · Sources verified 2026-08-24
- Filing fee (petition)
- $435$450 in a few surcharge counties (e.g., Riverside, San Francisco)
- Minimum time to final divorce
- 6 monthsfrom service of the petition; not waivable
- Residency requirement
- 6 months in California + 3 months in the county
- Where to file
- Superior Court
California charges a uniform first-paper fee of $435 to file a divorce petition — one of the few large states where the fee does not vary meaningfully by county (a handful add a small local surcharge, bringing it to $450). The respondent pays the same $435 to file a response.
The defining feature of California divorce is the six-month waiting period: no matter how quickly you agree, the marriage cannot legally end until at least six months after the petition is served. California is a pure no-fault state — irreconcilable differences is the standard ground — and the state's self-help portal provides every required Judicial Council form free.
Costs & fees
| Item | Amount | Type |
|---|---|---|
| Petition filing fee (FL-100 first paper)$450 in surcharge counties | $435 | Official fee |
| Response filing fee (spouse) | $435 | Official fee |
| Service of processsheriff or registered process server; free if a friend over 18 serves | $40–$125 | Estimate |
| Uncontested — document help (LDA/online service) | $300–$1,500 | Estimate |
| Contested — attorney representationvaries with disputes over custody and property | $5,000–$25,000+ | Estimate |
Official fees come from the Judicial Council statewide civil fee schedule effective January 1, 2026. Attorney and service figures are market estimates, not government fees.
Requirements
| Requirement | Rule |
|---|---|
| Residency | One spouse must have lived in California for 6 months and in the filing county for 3 months |
| Grounds | No-fault — irreconcilable differences |
| Waiting period | 6 months minimum from service before the divorce is final |
| Fee waiver | Request to Waive Court Fees (Form FW-001) |
The process, step by step
- Confirm residency. One spouse must meet the 6-month state / 3-month county requirement. If you don't yet qualify, you can file for legal separation and amend later.
- File the petition. File Form FL-100 (Petition) and FL-110 (Summons) in the Superior Court of your county and pay the $435 fee or submit FW-001 for a waiver.
- Serve your spouse. Someone over 18 who is not you serves the papers; proof of service is filed with the court. The 6-month clock starts here.
- Exchange financial disclosures. Both spouses complete preliminary declarations of disclosure (FL-140, FL-142/FL-160, FL-150) — mandatory even in agreed cases.
- Reach agreement or litigate. Uncontested cases file a written settlement (marital settlement agreement); contested issues go to hearings.
- Judgment. The court enters judgment (FL-180). The earliest possible termination date is 6 months + 1 day after service.
Forms & where to file
Superior Court of the county where you or your spouse meets the 3-month county residency requirement.
- FL-100 — Petition for Dissolution — with FL-110 Summons
- FW-001 — Request to Waive Court Fees
- All divorce forms & instructions (Self-Help Guide)
Frequently asked questions
How much does it cost to file for divorce in California?
The court filing fee is $435 for the petition (up to $450 in a few counties with local surcharges), and the responding spouse pays another $435. Filers who can't afford it can apply for a full fee waiver with Form FW-001.
How long does a California divorce take?
At least 6 months — the statutory waiting period runs from the date the petition is served and cannot be waived. Uncontested cases are often finalized shortly after the 6-month mark; contested cases commonly take 1–2 years.
Can we share one filing fee?
No. The petitioner pays $435 to file and the respondent pays $435 to respond. In a true uncontested default case where the respondent never files a response, only the petitioner's fee is paid.
Do I need a lawyer?
No — California's self-help centers and the official Self-Help Guide support DIY divorce, and many uncontested divorces are completed without attorneys. Cases with significant property, support disputes or custody conflict usually justify legal advice.
Related information
Sources & verification
- Judicial Council of California — Statewide Civil Fee Schedule (eff. 1/1/2026)
- California Courts Self-Help Guide — Divorce
Official fees and statutory rules above are traceable to the listed authorities; figures marked as estimates are LawLintel editorial estimates, not government fees. Laws and fees change — last verified 2026-08-24. See our methodology and legal disclaimer.
LawLintel provides general legal information, not legal advice. Laws, rules, procedures and fees change and can depend on your specific facts and county. Verify important information with the applicable court or a qualified attorney before acting.