How to File for Divorce in Los Angeles County

Before filing, you must satisfy California's residency requirements under Family Code § 2320:

• State residency: You or your spouse must have lived in California for at least 6 months immediately before filing.
• County residency: You or your spouse must have lived in Los Angeles County for at least 3 months immediately before filing.
• If you do not meet county residency, you may file in a county where either party meets the 3-month requirement, or wait until residency is established.
• Same-sex marriages: Special residency exceptions may apply under Family Code § 2321 if married in California but now live in a state that does not recognize same-sex divorce.

The Petitioner (filing spouse) must complete and file the following mandatory forms with the LA Superior Court:

1. Petition — Marriage/Domestic Partnership (FL-100): The initiating document that states the grounds for divorce (irreconcilable differences) and requests for property division, support, custody, etc.
2. Summons (Family Law) (FL-110): Official notice to the Respondent that a family law action has been commenced. Includes standard restraining orders (ATROs) effective upon service.
3. Proof of Service of Summons (FL-115): Completed by the process server to document proper service on the Respondent.
4. Declaration Under UCCJEA (FL-105/GC-120): Required if minor children are involved. Declares the child's residence history and custody jurisdiction.
5. Property Declaration (FL-160): Lists all community and separate property assets and debts.
6. Preliminary Declaration of Disclosure (FL-140): Mandatory financial disclosure including income, expenses, assets, and debts. Must be served on the other party within 60 days of filing.

File your completed forms at the appropriate LA County courthouse:

• Filing location: File at the courthouse serving the district where you or your spouse resides. For SELA residents, this is typically the Downey, Norwalk, or Whittier Courthouse.
• Filing fee: $435 for the initial Petition (First Paper). See the full fee schedule below.
• Fee waiver: If you cannot afford the fee, file FW-001 (Request to Waive Court Fees) simultaneously with your Petition.
• Copies: Bring at least two copies of each form — one for the court, one for service on your spouse, and one for your records.
• Case number: The Clerk will assign a case number and stamp your documents. Keep the conformed copies.

California law requires personal service of the Petition and Summons on the Respondent. You cannot serve the papers yourself.

• Who can serve: Any person over 18 who is not a party to the case. Options include:
  • Professional process server (recommended for proof of service)
  • Sheriff's Civil Process Unit (LA County Sheriff)
  • A friend or family member over 18
• What to serve: Summons (FL-110), Petition (FL-100), blank Response form (FL-120), and UCCJEA declaration (if children).
• Proof of Service: The server must complete FL-115 (Proof of Service of Summons) and file it with the court.
• Time limit: Service should be completed promptly. If the Respondent is not served within 2 years, the court may dismiss the action for lack of prosecution.

After service, the Respondent has 30 days (plus 10 if served by mail outside California) to file a Response:

• If Respondent files FL-120: The case becomes contested. The court will schedule a Case Management Conference and both parties must exchange financial disclosures.
• If Respondent does not respond: You may file for a default judgment after 30 days. File FL-165 (Request to Enter Default) and FL-180 (Judgment) with proposed terms.
• Default with agreement: Even if the Respondent doesn't file a formal Response, you can submit a stipulated judgment if both parties agree to terms.

Both parties must exchange complete financial disclosures:

• Preliminary Declaration of Disclosure (FL-140): Due within 60 days of filing (Petitioner) or 60 days of filing Response (Respondent).
• Schedule of Assets and Debts (FL-142): Detailed list of all property and obligations.
• Income and Expense Declaration (FL-150): Current financial snapshot including pay stubs and tax returns.
• Final Declaration of Disclosure (FL-141): Due before judgment. Can be waived by mutual agreement in uncontested cases.

These disclosures are signed under penalty of perjury. Intentional concealment of assets can result in severe penalties under Family Code § 1101, including 100% forfeiture of hidden assets.

Most LA County divorce cases settle before trial through one of these paths:

• Marital Settlement Agreement (MSA): A written contract addressing property division, support, custody, and attorney fees. Filed with FL-180 for a stipulated judgment.
• Mediation: LA Superior Court offers free mediation for custody disputes. Private mediation is available for financial issues.
• Collaborative Divorce: Both parties and attorneys commit to settlement without litigation.
• Trial: If no settlement is reached, the case proceeds to trial before a family court judge. Trials can last one day to several weeks depending on complexity.

The marriage is not dissolved until the court enters a final judgment:

• Minimum waiting period: California requires a 6-month waiting period from the date of service before the judgment can be final. This is mandatory and cannot be waived.
• Judgment forms: Submit FL-180 (Judgment) with attached settlement agreement or proposed orders.
• Notice of Entry of Judgment (FL-190): The court mails this form to both parties once the judgment is entered. The date on FL-190 is the official termination date of the marriage.
• QDROs: If dividing retirement accounts, a Qualified Domestic Relations Order must be prepared and approved by the plan administrator after judgment.