Checklist Before Filing for Divorce in California

Why Pre-Filing Preparation Matters

Most California divorces that stall do so because of missing paperwork, not legal disputes. The court clerk rejects an incomplete filing packet. Financial disclosures are due within 60 days of filing, and you're scrambling to find tax returns. Your spouse was impossible to locate for service because you didn't note their current address before filing.

Taking a week to organize before you file prevents months of delay afterward. Here's what to have in order.

Verify Your Residency

California requires both of these to be true before you can file for dissolution:

• Six months of continuous California residency for at least one spouse
• Three months of continuous residency in the specific county where you're filing

If you've recently moved counties, file in the county where you've lived for at least three months — even if that's not where you lived during the marriage. If you moved to California less than six months ago, you can file for legal separation immediately (no residency requirement) and convert it to a dissolution petition once you hit the six-month mark.

You don't need to bring proof of residency to the courthouse. The petition (Form FL-100) is signed under penalty of perjury — you're swearing under oath that you meet the requirements. But know your dates. If your residency is borderline, filing too early can result in dismissal.

Gather Financial Records

Mandatory financial disclosures are due within 60 days of filing. Gathering records now means you can serve your disclosures promptly rather than requesting extensions or missing the deadline entirely.

Income documentation:

• Last two months of pay stubs from all employers
• Last two years of federal and state tax returns (with all schedules and W-2s)
• 1099 forms for any freelance, rental, or investment income
• Documentation of any other income: Social Security, disability, pensions, trusts

Bank and investment accounts:

• Current statements for every checking, savings, and money market account (joint and individual)
• Brokerage and investment account statements showing current holdings and balances
• Cryptocurrency exchange statements or wallet balances, if applicable

Retirement accounts:

• Most recent statements for all 401(k), 403(b), IRA, pension, and deferred compensation plans
• CalPERS, CalSTRS, or other public retirement system statements if applicable

Real property:

• Current mortgage statements showing principal balance, interest rate, and monthly payment
• Property tax bills
• Recent appraisal or comparable sales data for each property
• Deed copies showing ownership and title type

Debts:

• Credit card statements (all cards, joint and individual)
• Auto loan statements
• Student loan statements
• Personal loan documentation
• Medical debt records

Insurance:

• Health, dental, and vision insurance cards and policy information
• Life insurance policies showing face values and beneficiaries
• Auto and homeowner's/renter's insurance policies

Choose Your Filing Path

Before you fill out any forms, decide which procedural track fits your situation:

Joint Petition (Form FL-700) — available since January 1, 2026, under SB 1427. Both spouses file together as equals. Requires complete agreement on all terms. Eliminates service of process. Works for any marriage length, with or without children, with or without real property. Best for: fully aligned couples who've already worked out their terms.

Traditional Uncontested (Form FL-100) — one spouse files, the other is served and files a Response (Form FL-120). Both agree on terms and submit a consent judgment. Best for: couples who mostly agree but haven't finalized everything, or when one spouse wants to preserve the option of filing motions.

Default with Agreement (Form FL-100) — one spouse files, the other doesn't file a Response but signs a Marital Settlement Agreement. The filing spouse requests default and submits the agreement with the judgment package. Best for: couples who agree on everything and want to save the respondent's $435 filing fee.

Summary Dissolution (Form FL-800) — a simplified track for short marriages with limited assets. Requires: married under five years, no children, no real property, community assets under $57,000, separate assets under $57,000 per spouse, debts under $7,000, and both spouses permanently waive spousal support. Best for: short, simple marriages meeting all the caps.

Note Your Spouse's Contact Information

This seems obvious, but it matters more than you'd expect. If you're filing a traditional petition, you'll need to have your spouse served — and service requires knowing where they live, work, or can be found.

Write down:

• Current home address
• Work address and schedule
• Phone numbers and email addresses
• Vehicle descriptions and license plates (if substituted service becomes necessary)
• Addresses of family members or close friends where they might be found

If your spouse has already moved out and you're not sure where they're living, investigate now. Once you file, every day of delayed service pushes back your six-month waiting period.

Identify County-Specific Requirements

California's 58 counties each have their own local rules layered on top of the statewide procedures. Before you file:

Los Angeles County requires Form FAM-020 (Family Law Case Cover Sheet and Certificate of Grounds for Assignment to District). This zip-code-based routing form determines which courthouse handles your case. Filing without it gets your packet rejected on the spot.

Some counties charge surcharges above the standard $435 filing fee. San Francisco, Riverside, and San Bernardino charge up to $450 per first paper.

E-filing availability varies. Many counties accept (or require) electronic filing through approved providers. Check your county's Superior Court website for current e-filing rules and approved providers.

Consider Fee Waiver Eligibility

If paying court fees would cause financial hardship, file Form FW-001 (Request to Waive Court Fees) along with your petition. You automatically qualify if you receive Medi-Cal, CalWORKs, CalFresh, SSI, County Relief, or In-Home Supportive Services. You may also qualify if your gross monthly income is below 125% of the Federal Poverty Guidelines for your household size — roughly $1,500/month for a single person in 2026.

An approved fee waiver covers the petition filing fee, response filing fee, motion fees, and court-provided mediation costs.

Secure Important Documents

Before filing — and before discussing divorce with your spouse if you haven't already — make copies of critical documents and store them somewhere your spouse can't access (a friend's house, a safe deposit box, a secure cloud drive):

• Marriage certificate
• Birth certificates for all children
• Social Security cards
• Passports
• Estate planning documents (wills, trusts, powers of attorney)
• Pre-marital or post-marital agreements
• Business ownership documents or partnership agreements

You're not hiding these — you'll be exchanging financial information during disclosures. But having your own copies ensures you're not dependent on your spouse's cooperation to access the records you need.

Set Up Your Filing Organization System

You're going to generate a significant amount of paperwork over the next six months. Create a system now:

• A physical folder or binder with dividers for: Filed Documents, Financial Disclosures, Correspondence, Service of Process, and Judgment Package
• Digital copies of everything filed or served (scan or photograph each document)
• A calendar tracking your deadlines: 60 days for financial disclosures, 30-day response window, six-month waiting period, and any court hearing dates

The California Divorce Filing Process Guide includes deadline trackers and a filing pathway decision flowchart that maps your entire case from pre-filing preparation through final judgment, so you can tick off each step in sequence.

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