Divorce costs in California vary widely based on whether the case is contested or uncontested, complexity of assets and custody arrangements, and whether attorneys are involved.
As of 2026, the filing fee for a divorce petition in California Superior Court is approximately $435 to $450 depending on the county.
An uncontested divorce with no attorney can cost as little as $500 to $1,500 in total (fees plus document preparation).
Contested divorces involving attorneys typically cost $15,000 to $100,000 or more, depending on how long litigation lasts.
California residents who qualify for a simple divorce should review both the general uncontested divorce cost guide and consider how California's cost of living affects attorney hourly rates compared to other states.
California Divorce Filing Fees
Filing a Petition for Dissolution of Marriage (FL-100) in California costs approximately $435 to $450 in most counties. The responding spouse also pays a response fee of approximately $250 to $300. Fee waivers are available for qualifying low-income filers through Form FW-001.
These fees are set by the Judicial Council of California. For broader divorce cost context, the divorce attorney fees guide explains how attorney retainers and hourly billing stack on top of court filing fees in California and other states.
Uncontested vs. Contested Divorce Costs
An uncontested divorce (both spouses agree on all terms) is significantly less expensive. Using an online divorce service or document preparer, total costs may run $500 to $3,000. Attorney-assisted uncontested divorces typically cost $2,000 to $10,000.
Contested divorces involving litigation, child custody disputes, or complex property division can cost $20,000 to $100,000+ per spouse when protracted.
For couples meeting the criteria for a simple uncontested case, the uncontested divorce cost guide covers the full range of low-cost options available.
California residents should also understand alimony tax deductibility rules and child support tax implications, which are particularly relevant in higher-income California divorces.
California's 6-Month Waiting Period
California law requires a mandatory 6-month waiting period from the date the respondent is served before a divorce can be finalized, per California Family Code Section 2339.
This means even an uncontested, agreed-upon divorce cannot be finalized sooner than 6 months from service.
The process may take longer if court schedules are backed up.
Compare this to Texas's 60-day waiting period covered in the divorce cost in Texas guide, and Florida's absence of a mandatory waiting period for simplified dissolutions covered in the divorce cost in Florida guide.
Community Property Rules
California is a community property state. Assets and debts acquired during the marriage are generally divided equally (50/50) between spouses, regardless of who earned the income or whose name is on the account. Premarital assets, inheritances, and gifts are generally separate property.
The division of businesses, real estate, retirement accounts, and stock options can create complexity requiring forensic accountants or valuation experts, adding cost.
Getting a home appraisal cost is often a necessary step in accurately valuing real estate assets for equitable division in California divorces.
Frequently Asked Questions
What is the cost to file for divorce in California?
The filing fee for a divorce petition in California is approximately $435 to $450 depending on the county. Fee waivers are available for qualifying low-income individuals. Total attorney-assisted costs are covered in the divorce attorney fees guide.
How long does a divorce take in California?
California has a mandatory 6-month waiting period from the date of service. Most uncontested divorces take 6 to 12 months; contested divorces can take 1 to 3+ years. For comparison, Texas requires only 60 days — see the divorce cost in Texas guide.
Can I get a divorce in California without a lawyer?
Yes. California allows self-represented (pro se) divorce. The courts provide self-help centers and forms, though for complex estates or custody disputes, legal counsel is advisable.
The uncontested divorce cost guide covers the DIY and online-service options available statewide.
Is California a community property state?
Yes. California divides marital assets and debts equally (50/50) in most cases under community property rules. Texas is also a community property state — compare the asset division approach in the divorce cost in Texas guide.
What is a summary dissolution in California?
A summary dissolution is a simplified procedure for short marriages (under 5 years) with no children, limited assets, and debts below $6,000 each.
It is significantly faster and cheaper than a standard dissolution.
Couples who qualify should also review the uncontested divorce cost guide for online document service options that work with California's summary dissolution forms.
Sources & References
- California Courts — Divorce or Legal Separation — https://www.courts.ca.gov/selfhelp-divorce.htm
- Judicial Council of California — Civil Filing Fees — https://www.courts.ca.gov/documents/filingfees.pdf
- California Legislative Information — Family Code Section 2339 — https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=2339&lawCode=FAM
Last updated: April 27, 2026