How does divorce work in California, from filing to final judgment?

A California divorce starts when one spouse files a Petition (FL-100) and serves it with a Summons (FL-110). One spouse must have lived in California for six months and in the county for three months (Family Code § 2320). The marriage cannot end until six months after service or the other spouse's first appearance, whichever comes first (§ 2339). In between, both spouses exchange financial disclosures, resolve custody, support and property by agreement or by a judge, and the case ends with a signed Judgment (FL-180).

This page walks through a California divorce from the first form to the final judgment, with the Orange County courthouse where every divorce in the county is filed, and the points that come up most often for Persian-speaking families: a marriage registered in Iran, a spouse who lives in Iran, and property in two countries. Divorce is one of the family law areas on the practice areas page; children, support and property each have their own hub, linked below where the question arises.

California divorce is "no fault". You do not have to prove that your spouse did anything wrong, and your spouse cannot stop the divorce by refusing to sign or take part. What takes time and care is everything the divorce decides: the children's schedule, support, and who keeps which property and debt.

How a divorce works in Orange County, step by step

1. Check residency and grounds. A court cannot enter a divorce judgment unless one spouse has lived in California for six months and in the county where the case is filed for three months immediately before filing (§ 2320(a)). The grounds are irreconcilable differences that have caused the irremediable breakdown of the marriage, or a spouse's permanent legal incapacity to make decisions (§ 2310). Almost every case uses irreconcilable differences.
2. File the Petition and Summons. The spouse who starts the case (the petitioner) files a Petition, form FL-100, which lists every issue the judgment should decide, and a Summons, form FL-110. If there are minor children, a Declaration Under the Uniform Child Custody Jurisdiction and Enforcement Act (FL-105) goes with it. In Orange County, all dissolution, legal separation and annulment papers are filed only at the Lamoreaux Justice Center, 341 The City Drive South, Orange. The Family Law Clerk's Office is on the 7th floor, room 706, open 8:00 a.m. to 4:00 p.m., Monday to Friday, except court holidays. Filing fees apply, and people who qualify can ask for a fee waiver.
3. Serve the other spouse. The petitioner has copies served on the other spouse (the respondent), and a Proof of Service of Summons (FL-115) tells the court when, where and by whom the papers were served. The respondent then has 30 days to file a Response. A spouse who does not respond does not stop the case; it can proceed by default.
4. Respect the automatic restraining orders. The Summons itself contains temporary restraining orders that apply to both spouses: neither may take the children out of California or apply for a new or replacement passport for them without the other's written consent or a court order, and neither may transfer, hide or dispose of property, except in the usual course of business or for the necessities of life, without consent or a court order (§ 2040(a)). Insurance held for the family cannot be cashed in, canceled or changed.
5. Exchange the preliminary declaration of disclosure. Each spouse must serve a preliminary declaration of disclosure under penalty of perjury, listing every asset and debt, whether community, quasi-community or separate, with an Income and Expense Declaration (FL-150) and the tax returns filed in the past two years (§ 2104(a), (c) and (e)). The petitioner serves it with the petition or within 60 days of filing; the respondent with the response or within 60 days of filing it (§ 2104(f)). The cover form is the Declaration of Disclosure (FL-140), usually with a Schedule of Assets and Debts (FL-142). These are served on the other side, not filed, but proof of service is filed (§ 2104(b)).
6. Ask for temporary orders if you need them. Custody, visitation, child support and spousal support can be decided while the case is pending, using a Request for Order (FL-300). If custody or visitation is contested, the parents go to mediation with Family Court Services first; the custody page explains how that works in Orange County.
7. Settle or go to trial. Many cases end with a written settlement. Before or at the time of a settlement on property or support, or at least 45 days before the first trial date, each spouse serves a final declaration of disclosure and a current income and expense declaration, unless both waive the final declaration in the way the law allows (§ 2105(a) and (d)).
8. Get the Judgment signed. The case is not final until a judge signs a Judgment (FL-180) with attachments for custody, support and property. Even with a signed judgment, the marriage ends no earlier than six months after the respondent was served or first appeared in the case, whichever came first (§ 2339(a)). The court can extend that date for good cause (§ 2339(b)).

For families in San Diego County, the same statewide forms and rules apply. The San Diego Superior Court's Central Courthouse, at 1100 Union Street in San Diego, houses family court for the court's Central Division; the court's website lists where cases from other parts of the county are heard.

What changes the answer?

• How long you have lived here. Without six months in California and three in the county, no divorce judgment can be entered (§ 2320(a)). The Orange County court's self-help page notes that a spouse who does not yet qualify can file for legal separation and later amend the petition to ask for a divorce.
• Whether you qualify for summary dissolution. Section 2400 lists every condition, including a marriage of not more than five years at filing, no children together, limited property and debts, and both spouses signing. If any condition fails, the regular process applies.
• Where you were married. A marriage contracted outside California that is valid where it was contracted is valid in California (§ 308). A marriage registered in Iran can be dissolved by a California court once the residency rule is met.
• Where your spouse lives. If your spouse is in Iran or another country, the case can still be filed here, but serving the papers abroad, and the court's power to make orders about support and property against a spouse who has never lived here, raise separate questions. The Orange County court's self-help page itself suggests talking with an attorney before filing when a spouse lives in another state or country with the couple's children.
• Children. Custody and visitation follow the child's best interest, and contested cases go to mediation first (§ 3170). See the custody hub for the factors.
• Support. Child support follows the statewide guideline formula, and spousal support turns on the factors in § 4320. The support page covers both.
• Property in more than one country. Property acquired during the marriage while living in California is community property "wherever situated" (§ 760), and property acquired while living elsewhere can be quasi-community property (§ 125). The property division page explains how that reaches an apartment or a bank account in Iran.
• A mahr or a prenup. A written agreement can change the property rules (§ 1500). Whether a mahr is enforced depends on the agreement and the facts; the premarital agreements page covers what the Family Code requires.
• Domestic violence. Safety comes first. A restraining order can be requested in the family case, and a criminal charge runs separately; the domestic violence page explains the criminal side.

A worked example

For example, take a hypothetical client, Mina, who lives in Irvine with her two children. She and her husband, Kaveh, married in Tehran in 2011 and moved to Orange County in 2017. Kaveh moved back to Iran last year and says he will not "give her a divorce".

Mina has lived in California and in Orange County for years, so the residency rule in § 2320 is met, and because the Tehran marriage was valid where it was contracted, California treats it as valid (§ 308). Kaveh's refusal does not matter to the court: no-fault divorce means she only needs irreconcilable differences. She files the Petition, Summons and UCCJEA declaration at the Lamoreaux Justice Center. Serving Kaveh in Iran takes planning, so her attorney works out the method before filing rather than after. Once Kaveh is served, the six-month clock in § 2339 starts, and the automatic orders on the Summons stop either parent from taking the children out of California or getting them new passports without written consent or a court order.

Her preliminary disclosure lists everything, including the condo in Irvine bought in 2018, Kaveh's share of an apartment in Tehran bought in 2014 while they lived there, and accounts in both countries. How each item is characterized (community, quasi-community or separate) is argued later; listing it is required now. If Kaveh never responds, the case can move toward a default judgment, although orders about support and property against a spouse abroad need careful attention to what the court can actually enforce. Her Iranian marriage contract, which sets a mahr, is translated and reviewed against the Family Code rules on agreements before anyone assumes what it will or will not do.

Common mistakes

• Filing before the residency rule is met. A case filed too early cannot reach a divorce judgment. Legal separation first, then an amendment, can be the cleaner route.
• Moving money or property after filing. The automatic orders in § 2040 apply to both spouses. Transfers outside the usual course of business or the necessities of life need written consent or a court order.
• Traveling abroad with the children without written consent. The same orders bar taking children out of California or applying for their passports without the other parent's written consent or a court order.
• Leaving assets off the disclosure. The disclosure is under penalty of perjury, and perjury on it can be grounds to set aside the judgment (§ 2104(a)). Property in Iran counts.
• Assuming the divorce is final when the paperwork is filed. Nothing is final until a judgment is signed, and marital status ends no earlier than the six-month date.
• Ignoring papers you receive. If you are the respondent, not responding within 30 days lets the case proceed without your side being heard.

What to do this week

1. Write down the dates you moved to California and to your current county.
2. Find your marriage certificate or Iranian marriage contract, and arrange a professional English translation if it is in Persian.
3. Collect your last two years of tax returns, recent pay stubs and statements for every bank, retirement and investment account, in every country.
4. List real estate, vehicles, businesses and debts, with how each is titled and roughly when it was acquired.
5. If you have children, write down the current schedule and any travel plans, and do not travel abroad with them without written consent once a case is filed.
6. Read about the attorney on the about page, and bring your documents to a first meeting.
7. Book that meeting through the contact page or by phone.

Questions clients ask about divorce

• Married in Iran: can you divorce in California, and is the marriage valid here?
• Divorcing a spouse who lives in Iran: can you file in California and how are the papers served?
• Divorced in Iran: is that divorce recognized in California?
• Is a mahr (mehrieh) enforceable in a California divorce?
• How long does a divorce take in California? Residency and the six-month waiting period
• Filing for divorce in Orange County: where to file and what happens first?
• What if your spouse does not respond to the divorce papers in California?
• Agreed (uncontested) divorce in California: how does it work and how long does it take?
• Legal separation or divorce in California: which fits your situation?
• What does a divorce cost in Orange County, and what drives it?

Living in San Diego County? Read what to expect at the San Diego Central Courthouse.

Frequently asked questions

Does my spouse have to agree to the divorce?

No. California is a no-fault state, and either spouse can end the marriage on the ground of irreconcilable differences (§ 2310). A spouse who refuses to take part cannot stop the case; it can proceed by default.

How long does a California divorce take?

The legal minimum is six months from service of the petition or the respondent's first appearance, whichever is earlier (§ 2339(a)). Many cases take longer because custody, support or property must be settled or decided first; the six months is a floor, not an estimate.

Can I file in Orange County if we were married in Iran?

Yes, if one spouse meets the six-month state and three-month county residency rule (§ 2320). A marriage valid where it was contracted is valid in California (§ 308).

Where do I file in Orange County?

The Orange County Superior Court accepts divorce, legal separation and annulment filings only at the Lamoreaux Justice Center, 341 The City Drive South, Orange. The Family Law Clerk's Office is on the 7th floor, room 706.

What is the preliminary declaration of disclosure?

A sworn list of all assets and debts, with an income and expense declaration and two years of tax returns, that each spouse serves on the other early in the case (§ 2104). It is required even when both spouses agree on everything.

What is the difference between divorce and legal separation?

A legal separation can make the same orders on custody, support and property, but the spouses remain married and cannot remarry. Some people choose it for religious reasons, for benefits, or because they do not yet meet the residency rule.

Can I get custody and support orders before the divorce is final?

Yes. Once the case is open, either spouse can ask for temporary orders with a Request for Order (FL-300). Contested custody goes to mediation first.

The Law Office of Sourena Sarbazevatan represents people in Orange County and San Diego in divorce matters, in English and Persian (Farsi). Call (949) 591-9596 or use the contact page.