Yes, you can file for divorce yourself. But the forms cannot protect your outcome.

Before You Begin — California Divorce Basics

If you are reading this, you are likely scared, overwhelmed, or both. That is completely normal. Filing for divorce is one of the most significant legal actions a person can take, and it helps to understand the big-picture rules before diving into the paperwork.

California Is a No-Fault State

California was the first state in the country to adopt no-fault divorce, and the rule remains straightforward: you do not need to prove that your spouse did anything wrong. The only ground required for a dissolution of marriage is “irreconcilable differences” — meaning the marriage has broken down and cannot be saved. FC §2310 You do not need your spouse’s permission or agreement to file. One spouse’s desire to end the marriage is legally sufficient.

This also means that fault — infidelity, financial irresponsibility, abandonment — is generally not relevant to the division of property or to whether a divorce is granted. It can, however, be relevant to spousal support determinations (particularly domestic violence under FC §4320) and child custody decisions.

Residency Requirements

Before you can file in Riverside County, you must satisfy two residency thresholds under FC §2320:

• State residency: At least one spouse must have lived in California for a minimum of 6 months immediately before filing.
• County residency: The filing spouse must have lived in Riverside County for at least 3 months immediately before filing.

If you meet the state requirement but not the county requirement, you can still file for a legal separation in Riverside County (no county residency is required for separation), and convert it to a divorce once the three-month mark is reached.

Step 1 — Prepare Your Forms

California divorce begins with paperwork — specifically, a set of Judicial Council forms that are standardized across the state. All forms are available for free at courts.ca.gov. Here are the forms you will need to start your case:

1. FL-100 (Petition — Marriage/Domestic Partnership) — This is the core document. It identifies both spouses, states the grounds for divorce (irreconcilable differences), and sets out what you are asking for: division of property, spousal support, child custody, and child support.
2. FL-110 (Summons) — The Summons officially notifies your spouse that a divorce action has been filed and imposes Automatic Temporary Restraining Orders (ATROs) that take effect immediately upon service. FC §2040
3. FL-105/GC-120 (Declaration Under UCCJEA) — Required if you have minor children. This form tells the court where the children have lived for the past five years, which is used to determine jurisdiction over custody issues.
4. RI-FL036 (Declaration of Residence) — The current Riverside petition packet identifies this local form as mandatory.
5. Additional forms when needed — FL-150 is commonly required when support or attorney fees are at issue, and other forms may apply to temporary orders, property, fee waivers, or the selected case route.

If your divorce involves significant property, a business, or complex assets, you may also need additional forms at this stage — including the FL-160 (Property Declaration). An experienced attorney can identify the full set of documents required for your specific situation before you file.

Step 2 — File with the Riverside County Superior Court

Once your forms are complete, you file them with the Clerk of the Riverside County Superior Court. You have several filing location options:

Riverside County Courthouse Locations

• Menifee Justice Center — 27401 Menifee Center Drive, Menifee, CA 92584. The current family law filing order assigns listed mid-county ZIP codes, including Temecula, Murrieta, Wildomar, and Canyon Lake, to this location.
• Riverside Family Law Courthouse — 4175 Main Street, Riverside, CA 92501. The filing order assigns listed western-region ZIP codes to this location.
• Larson Justice Center (Indio) — 46-200 Oasis Street, Indio, CA 92201. The filing order assigns listed desert-region ZIP codes to this location.

Filing Fees

The Riverside Superior Court fee schedule effective January 1, 2026 lists $450 for a Petition or other first paper in a dissolution matter and $450 for the responding party's first paper. Verify the current fee schedule before filing because fees can change.

If you cannot afford the filing fee, you can apply for a fee waiver by filing Form FW-001 (Request to Waive Court Fees). If your household income falls below certain thresholds or you receive public benefits (CalWORKs, SSI, Medi-Cal, food stamps), you will likely qualify. The court cannot deny your case simply because you cannot pay the fee.

E-Filing

Riverside County's eSubmit portal accepts family law documents for electronic delivery. The court requires non-editable PDF documents, applies a transaction fee to non-exempt submissions, and directs users to select the correct court location. Review the current eSubmit instructions and accepted-document rules before uploading.

Step 3 — Serve Your Spouse

Filing alone does not start the clock on your divorce. Your case does not move forward until your spouse is formally served with the filed Petition and Summons. California has strict rules about how service must happen.

Personal Service

The standard method is personal service: someone physically hands the documents to your spouse. The person who serves the papers must be:

• At least 18 years old
• Not a party to the case — meaning you cannot serve the papers yourself

This can be a friend, a relative, or a professional process server. Once service is complete, the server fills out a Proof of Service of Summons (FL-115), which must be filed with the court.

Your Spouse Has 30 Days to Respond

After being served, your spouse generally has 30 calendar days to file a Response (FL-120) with the court. Check the summons and obtain advice about any unusual service or deadline issue.

What If Your Spouse Avoids Service?

If your spouse is actively avoiding the process server, California law provides alternatives:

• Substituted service — The server leaves the documents with a competent adult at your spouse’s home or workplace, then mails a copy. Specific rules under Code of Civil Procedure §415.20 must be followed exactly.
• Service by publication — If you cannot locate your spouse at all despite diligent efforts, you can petition the court for permission to publish the Summons in a newspaper. This is a last resort and requires you to demonstrate to the court that you have exhausted all other methods of finding your spouse.

Step 4 — Mandatory Financial Disclosures

This is the step most people underestimate — and the one that causes the most delays. California law requires both spouses to make a complete, transparent disclosure of their finances. This is not optional. It is mandatory regardless of whether your divorce is contested or uncontested. FC §2100–2113

Preliminary Declaration of Disclosure

Within 60 days of filing your Petition (or Response), you must serve your spouse with a Preliminary Declaration of Disclosure consisting of:

• FL-140 (Declaration of Disclosure) — The cover sheet identifying what you are disclosing.
• FL-142 (Schedule of Assets and Debts) — A comprehensive list of every asset and every debt — community and separate property — including real estate, bank accounts, retirement accounts, vehicles, credit cards, student loans, business interests, and personal property of significant value.
• FL-150 (Income and Expense Declaration) — Your current income, tax withholdings, and monthly expenses, supported by your most recent pay stubs and tax returns.

You serve these documents on your spouse directly — they are not filed with the court. But you must file a Declaration Regarding Service of Declaration of Disclosure (FL-141) confirming that you served them.

Final Declaration of Disclosure

Before your judgment can be entered, both spouses must also exchange a Final Declaration of Disclosure — an updated version of the same financial information, reflecting any changes since the preliminary exchange. If both parties agree, they can waive the Final Declaration by signing Form FL-144 (Stipulation and Waiver of Final Declaration of Disclosure). This waiver is common in uncontested divorces where both sides have been fully transparent.

Step 5 — Temporary Orders (If Needed)

A divorce can take months — sometimes over a year — to reach final judgment. During that time, you may need immediate court orders to address custody, support, or property issues that cannot wait. California provides two mechanisms for this.

Automatic Temporary Restraining Orders (ATROs)

The moment your spouse is served with the Summons (FL-110), both of you are bound by Automatic Temporary Restraining Orders printed on the back of the Summons. FC §2040 These ATROs prohibit both spouses from:

• Removing minor children from the state without prior written consent or a court order
• Transferring, hiding, selling, or destroying community property (except in the ordinary course of business or for necessities of life)
• Canceling or changing beneficiaries on any insurance policies
• Creating non-standard new debt secured by community assets

ATROs apply to both parties — the petitioner (the spouse who filed) becomes bound when they file the Petition, and the respondent becomes bound upon service. Violating an ATRO can result in contempt of court charges and sanctions.

Request for Order (FL-300)

If you need the court to address specific issues before the final judgment — temporary child custody, child support, spousal support, exclusive use of the family home, or attorney fee contributions — you may need a Request for Order (FL-300) and additional forms. Hearing timing depends on the court calendar, service requirements, and the relief requested.

Step 6 — Negotiate, Mediate, or Litigate

With the case filed and disclosures exchanged, you now enter the resolution phase. There are three paths, and the one you take depends on how much you and your spouse can agree on.

Default Judgment (Spouse Doesn’t Respond)

If your spouse was properly served and does not file a Response within 30 days, you may be able to request a default judgment. Default does not guarantee every requested term. The court still reviews jurisdiction, disclosure compliance, support, custody, property, and the proposed judgment documents.

Negotiated Settlement

Most divorces in Riverside County settle without trial. Spouses (usually through their attorneys) negotiate the terms of their Marital Settlement Agreement (MSA) — covering property division FC §2550, spousal support FC §4320, custody and visitation, and child support. Before heading to trial, Riverside County requires parties to participate in a settlement conference and to comply with meet and confer requirements. CRC Rule 5.83

Mandatory Mediation for Custody Disputes

If you and your spouse disagree about custody or visitation, Riverside County requires you to attend mandatory mediation through Family Court Services before a judge will hear the dispute. FC §3170 Riverside County uses a recommending model, meaning the mediator will make a recommendation to the judge if the parents cannot reach an agreement. The mediator’s recommendation carries significant weight. Learn more about the mediation process.

Trial

If negotiation and mediation do not resolve all issues, the remaining disputes may proceed to trial. A Riverside County family law judge will hear admissible evidence and decide unresolved issues. Trial preparation, evidence, witnesses, and procedural deadlines require a different level of planning than the opening forms.

Step 7 — Your Final Judgment

The finish line. After all issues are resolved — by agreement or by trial — the court enters a Judgment of Dissolution of Marriage. But there is one more rule you need to know.

The 6-Month Waiting Period

California does not terminate marital status before the statutory minimum period has elapsed. The period is measured from the date of service of the summons and petition or the respondent's appearance, whichever occurs first. FC §2339 The passage of time does not finish the case automatically; the court must receive acceptable judgment papers and enter judgment.

Filing alone does not start the statutory period. Service or the respondent's appearance is the relevant event, and the effective termination date appears in the judgment.

The Judgment Package

To obtain your final judgment, you submit a judgment package to the court that typically includes:

• FL-180 (Judgment) — The judgment form itself
• Marital Settlement Agreement — If you settled by agreement
• FL-141 — Proof that disclosures were served
• FL-144 — Waiver of Final Declaration (if applicable)
• Any additional orders (custody, support, property)

Status-Only Judgment

If the 6-month waiting period has passed but property, support, or custody issues are still being resolved, either party can request a status-only judgment. This terminates your marital status — making you legally single — while reserving all other issues for later resolution. Some people use this option when they need to remarry or when resolving complex property division issues is taking longer than expected.

Special Situations — What If Your Case Is More Complicated?

The seven steps above cover the standard dissolution process. But not every divorce is standard. Here are common situations that require additional considerations:

Military Divorce

If either spouse is an active-duty service member, additional federal protections apply under the Servicemembers Civil Relief Act (SCRA). This can affect service of process, response deadlines, and the division of military retirement benefits. Temecula is home to many military families connected to Camp Pendleton and March Air Reserve Base. Learn more about the specific rules that apply on our military divorce page.

Divorcing with a Business

If either spouse owns a business, it must be valued as part of the community property division. Business valuation in divorce is complex, often requiring forensic accountants and expert witnesses. The community interest in a business — even a business started before the marriage — can be significant. Our self-employed divorce page covers the valuation methods and strategies involved.

High-Asset Divorce

When significant wealth is involved — real estate portfolios, stock options, deferred compensation, trusts, cryptocurrency, or substantial retirement accounts — the stakes of the property division process increase dramatically. High-asset cases often require asset protection strategies and forensic analysis to ensure nothing is hidden or undervalued.

Domestic Violence Cases

If you are experiencing domestic violence, your safety is the priority. You can obtain a Domestic Violence Restraining Order (DVRO) at the same time you file for divorce — or even before you file. Riverside County has a dedicated domestic violence unit that can process emergency protective orders. Domestic violence is also a factor the court considers when determining custody arrangements and spousal support. FC §4320

Uncontested vs. Contested Divorce

An uncontested divorce means both spouses agree on all major issues — property, support, custody — and can submit their agreement to the court without litigation. These cases move faster, cost less, and produce less conflict. A contested divorce involves one or more disputed issues that require court intervention. Understanding which category your case falls into will help you plan your timeline and budget realistically.

Why Work with a Riverside County Divorce Attorney

You are legally permitted to file for divorce without an attorney. Many people do, particularly in uncontested cases with no children, no property, and no support issues. But for most people, the risks of self-representation outweigh the cost savings. Our guide on whether you need a divorce lawyer helps you decide based on your specific situation.

Here is what a divorce attorney does for you that forms and court instructions cannot:

• Identifies issues you did not know existed — community property interests in pensions, reimbursement claims, hidden income streams, tax consequences of property transfers
• Prevents costly mistakes — incorrect service, missed disclosure deadlines, improperly drafted agreements that a court will reject or that create unintended consequences years later
• Handles your spouse’s attorney — if your spouse has representation and you do not, you are at a significant disadvantage in negotiations
• Navigates Riverside County local rules — every county has its own procedures, timelines, and judicial preferences that affect case strategy
• Protects your rights to support — both temporary and long-term support require careful analysis of income, expenses, and the 14 statutory factors

What to Expect at Your Consultation

When you meet with a divorce attorney for the first time, bring as much financial information as you can — tax returns, pay stubs, bank statements, mortgage documents, retirement account statements, and a list of your assets and debts. The attorney can identify legal issues, explain available options, and discuss the possible scope of assistance. At Family Law Matters, initial consultations are free.

For more answers to common questions about the divorce process in California, visit our comprehensive Divorce FAQ page.