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California Divorce & Custody Roadmap

What actually happens in a California divorce, in order: the timeline, the forms, the disclosures, and the mistakes that slow cases down. General information, not legal advice.

The one date that matters most

California requires a minimum 6 months and 1 day from the date your spouse is served before any divorce can be finalized (Family Code section 2339). This is a floor, not a target: it applies no matter how quickly you agree, and no court can waive it. Most uncontested cases take 6 to 8 months total; contested cases commonly take 1 to 3 years or longer.

The process, stage by stage

Every California divorce moves through the same stages, whether it's agreed, contested, or ends by default. Each stage uses specific Judicial Council forms.

1. Starting the Case

One spouse (the petitioner) files the initial paperwork with the county Superior Court and pays the filing fee, or requests a fee waiver if they can't afford it.

FL-100	Petition for Dissolution of Marriage
FL-105 / GC-120	Declaration Under UCCJEA (if there are children)
FL-110	Summons (Family Law)

2. Serving the Other Spouse

The petitioner has someone else (18+, not a party to the case) formally serve the other spouse (the respondent) with the filed papers, then files proof that service happened. The 6-month waiting period below starts on this date, not the filing date.

FL-115	Proof of Service of Summons
FL-335	Proof of Service by Mail

3. Response Window

The respondent has 30 days from being served to file a Response (Code of Civil Procedure section 412.20). If they don't, the petitioner can eventually request their default and proceed without their participation.

FL-120	Response
FL-165	Request to Enter Default (if the other spouse doesn't respond)
FL-170	Declaration for Default or Uncontested Dissolution

4. Financial Disclosures

Both spouses must exchange complete financial information, income, assets, debts, and expenses, whether the case is agreed or contested. This step is required by law and cannot be skipped.

FL-140	Declaration of Disclosure
FL-141	Declaration Regarding Service of Declaration of Disclosure
FL-142	Schedule of Assets and Debts
FL-144	Stipulation and Waiver of Final Declaration of Disclosure (agreed cases only)
FL-150	Income and Expense Declaration
FL-160	Property Declaration (alternative to FL-142 in some cases)

5. Custody, Support, and Requests During the Case

If there are children or contested issues, this is where custody, visitation, and support get proposed, negotiated, or asked for. Form FL-300 (Request for Order) is also the form used later to modify orders after judgment.

FL-300	Request for Order (RFO), used to ask for or change custody, support, or other orders
FL-311	Child Custody and Visitation Attachment
FL-320	Responsive Declaration to Request for Order
FL-341 / FL-342	Custody, visitation, and child support order attachments
FL-195	Income Withholding for Support

6. Judgment

Once every issue is resolved (by agreement, default, or trial) and the 6-month waiting period has passed, the judgment can be submitted and entered, legally ending the marriage.

FL-180	Judgment
FL-190	Notice of Entry of Judgment

Financial disclosure checklist

Both spouses must complete a full financial disclosure exchange (FL-140, FL-142 or FL-160, and FL-150), regardless of whether the case is contested. Start gathering these documents early:

Income: pay stubs, tax returns, and any other proof of income for the last two years
Bank, retirement, and investment account statements
Real property: deeds, mortgage statements, and current value estimates
Vehicles, business interests, and other significant assets
Debts: credit cards, loans, and anything owed jointly or separately
Expenses: a realistic monthly budget for the Income and Expense Declaration (FL-150)

Serving the other spouse

After filing, the petitioner must have someone else, 18 or older and not a party to the case, formally deliver the filed papers to the respondent. That server then completes a proof of service (FL-115, or FL-335 for service by mail), which gets filed with the court. Service is what starts the 6-month clock above; filing alone does not.

Changing orders after judgment

Custody, visitation, and support orders can be modified after judgment if circumstances change. The request is made with Form FL-300 (Request for Order, "RFO"), the same form used for requests during an open case, filed with a declaration explaining what changed and what you're asking the court to do.

If you can't afford the filing fee

California courts offer a fee waiver for people who can't afford court fees, based on income or public benefits eligibility. The request is made with Form FW-001; the court responds with Form FW-003. Exact eligibility thresholds and fee amounts vary and are set by the Judicial Council, so confirm current numbers with your county's self-help center rather than relying on a number from memory.

FW-001	Request to Waive Court Fees
FW-003	Order on Court Fee Waiver

Common mistakes that slow a case down

Serving papers yourself instead of having someone else (18+, not a party to the case) do it
Skipping or rushing the financial disclosure exchange, even in an agreed case
Missing the 30-day window to file a Response after being served
Assuming the 6-month waiting period can be shortened because both spouses agree
Filing forms out of order, or with a stage's forms incomplete before moving to the next one
Not updating the court on address changes, which can cause missed notices and hearings

Where to get help

Every California county Superior Court has a self-help center or family law facilitator's office that can answer procedural questions and review paperwork for completeness at no cost, though staff there can't give legal advice either. Find your county's self-help center through the California Courts website (selfhelp.courts.ca.gov). For advice specific to your situation, talk to a licensed California attorney.

Virdix prepares every form on this roadmap for you, in order, from your answers.

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This roadmap is general information about California family court procedure, not legal advice for your situation. Virdix is a document preparation service, not a law firm. Sources: the California Family Code, Code of Civil Procedure, Judicial Council of California forms, and the California Courts self-help resources.