Were you served, or are you filing, in California? Learn the fee, wait and residency rule.
California Divorce: Filing Fee, Waiting Period, Residency
California in short
California's divorce filing fee is $435 to $450. (selfhelp.courts.ca.gov) California's waiting period: 6 months. (selfhelp.courts.ca.gov) California's residency rule: 6 months in California and 3 months in the county before filing (one spouse). (selfhelp.courts.ca.gov) California is a community property state. (irs.gov) California's alimony rule: temporary support only; local guideline formulas for temporary orders, long-term support is factor-based (Fam. Code 4320). (recordinglaw.com)
Checked October 14, 2026
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Uncontested divorce in California
- Court filing fee
The petition filing fee in California is $435 to $450.
How this was read
Source note: $435 statewide for the petition (Gov. Code 70670(b)); some counties add local surcharges up to $450; the court self-help site says $435 to $450.
Source: selfhelp.courts.ca.gov
- Fee waiver
A fee waiver path is recorded for California.
Source: national chart
- Residency before filing
6 months in California and 3 months in the county before filing (one spouse).
Source: selfhelp.courts.ca.gov
- Waiting period
The waiting period in California is 6 months.
How this was read
Earliest a divorce can be final is 6 months from the day the other spouse was served or responded (Fam. Code 2339).
Source: selfhelp.courts.ca.gov
- Mediation
Mediation rule recorded for California: yes for contested custody or visitation.
How this was read
Fam. Code 3170 requires the case to be set for mediation before a hearing when custody or visitation is disputed (county court page); divorce itself has no mediation mandate.
Source: plumas.courts.ca.gov
California divorce rules at a glance
| Rule | California | Source |
|---|---|---|
| Filing fee | $435 to $450 | selfhelp.courts.ca.gov |
| Separation required | No | national chart |
| Residency | 6 months in California and 3 months in the county before filing (one spouse) | selfhelp.courts.ca.gov |
| Property regime | Community property | irs.gov |
| Waiting period | 6 months | selfhelp.courts.ca.gov |
| Child support model | Income shares | ncsl.org |
| Alimony rule | Temporary support only; local guideline formulas for temporary orders, long-term support is factor-based (Fam. Code 4320) | recordinglaw.com |
| Fee waiver | Yes | national chart |
| Mediation | Yes for contested custody or visitation | plumas.courts.ca.gov |
Checked October 14, 2026. Not recorded for California: parenting class rule.
California in detail
California's residency rule reads: 6 months in California and 3 months in the county before filing (one spouse). (selfhelp.courts.ca.gov) California's waiting period (6 months): earliest a divorce can be final is 6 months from the day the other spouse was served or responded (Fam. Code 2339). (selfhelp.courts.ca.gov) On separation: FindLaw state table shows no separation requirement; ground is irreconcilable differences. (no link recorded) California's filing fee ($435 to $450): $435 statewide for the petition (Gov. Code 70670(b)); some counties add local surcharges up to $450; the court self-help site says $435 to $450. (selfhelp.courts.ca.gov) California's mediation rule: yes for contested custody or visitation; Fam. Code 3170 requires the case to be set for mediation before a hearing when custody or visitation is disputed (county court page); divorce itself has no mediation mandate. (plumas.courts.ca.gov) California's alimony rule: temporary support only; local guideline formulas for temporary orders, long-term support is factor-based (Fam. Code 4320). (recordinglaw.com)
Steps and minimum times in California
- Before filing, residency. 6 months in California and 3 months in the county before filing (one spouse). (selfhelp.courts.ca.gov)
- Filing. California court fee $435 to $450. (selfhelp.courts.ca.gov)
- Earliest possible decree. 6 months in California: earliest a divorce can be final is 6 months from the day the other spouse was served or responded (Fam. Code 2339). (selfhelp.courts.ca.gov)
What filing costs in California
- Court filing fee: $435 to $450 (selfhelp.courts.ca.gov)
- Fee waiver: Yes (national chart)
Official sources for California
Questions about California
How much is California's divorce filing fee?
$435 to $450. Fee waiver: yes. (selfhelp.courts.ca.gov)
How long is California's waiting period for divorce?
6 months. Earliest a divorce can be final is 6 months from the day the other spouse was served or responded (Fam. Code 2339). (selfhelp.courts.ca.gov)
What is California's residency rule for divorce?
6 months in California and 3 months in the county before filing (one spouse). (selfhelp.courts.ca.gov)
Does California have an alimony formula?
Temporary support only; local guideline formulas for temporary orders, long-term support is factor-based (Fam. Code 4320). (recordinglaw.com)
Does California require mediation?
Yes for contested custody or visitation. (plumas.courts.ca.gov)
How this page is built
Each rule here is one cell of the 51-row divorce dataset behind the national chart, with its source. Unrecorded cells are left out. Lawyers' fees are not sourced or counted. General information, not legal advice.