Before you start — the ground rules
- Your spouse doesn't have to agree — either of you can file
- One spouse must have lived in California for the past 6 months
- …and in the county where you will file for the past 3 months
1. The basics
Identifying details the court forms ask for on page one.
Full legal names as they appear on your marriage certificate
The court forms must match your marriage certificate exactly, including middle names. Dig out the certificate before you start.
Current address, phone, and email for both spouses
The court uses these to send notices. If you have already separated, each spouse lists their own current address.
Date and place of marriage
Both are on your marriage certificate. Lost it? You can order a copy from the county where you were married.
Date of separation — an approximate date is fine
The day one of you decided the marriage was over and acted on it. It matters because it marks the end of community property, so pick a date and stay consistent across all forms.
Children's full names and birth dates, if you have any
Children of this marriage under 18, or 18 and still in high school. This determines whether custody and child-support paperwork is part of your case.
Former name either spouse wants restored
Either spouse can ask the court to restore a former or maiden name as part of the judgment. It is much easier to request now than after the divorce is final.
2. Financial documents
California requires both spouses to disclose all income, assets, and debts. You can start without all of it and add documents as you find them.
Federal and state tax returns — last 2 years
Not needed to file the petition itself — they belong to the financial disclosures you exchange with your spouse shortly after filing. If you filed jointly, one copy covers you both; missing a year, you can request transcripts free from the IRS and the FTB.
Pay stubs for both spouses — last 2 months
Self-employed? Use a recent profit-and-loss statement and your business records instead.
Bank, retirement, and investment account statements
The most recent statement for every account — checking, savings, 401(k), IRA, pension, brokerage — whether joint or in one name.
Deeds and mortgage statements for any real estate
For any home or land either of you owns, including property bought before the marriage. Note the current loan balance and a rough market value.
Vehicle titles and loan balances
Cars, motorcycles, boats, RVs. For each one, note who drives it, what is owed, and roughly what it is worth.
Credit card and loan statements — all debts, joint and separate
Every debt in either name: credit cards, student loans, personal loans, medical bills. Both spouses must disclose all of them, even separate ones.
3. Decisions you'll need to make
You can settle these together, or sort them out through the process if you disagree.
How property and belongings will be divided
California is a community-property state: what you acquired during the marriage is generally split equally — unless you both agree to a different arrangement.
Who takes responsibility for which debts
Debts taken on during the marriage are usually shared, no matter whose name is on them. Decide who pays what, and remember lenders are not bound by your agreement.
Spousal support — amount and duration, or whether it's waived
You can agree on an amount and how long it lasts, or waive it entirely. Waiving is usually permanent, so think it through before you sign.
Parenting schedule and child support, if you have children
A written week-by-week schedule helps even when you get along. Child support follows a state formula based on both incomes and time with each parent.
Who keeps the family home — or whether it sells
Common options: one spouse buys the other out, you sell and split the proceeds, or one stays for a set time. Each has mortgage and tax implications worth checking.
How you'll handle shared accounts and bills in the meantime
Agree on who pays ongoing bills while the case is pending. Keep in mind that once a divorce is filed, standard court orders restrict big financial moves for both spouses — selling property, emptying accounts, changing insurance — until the case is resolved.
Prefer a printable copy?
We'll email you the one-page PDF version — print it and check things off as you gather them.
Good to know
Court fees are separate
About $435–$450 per spouse, paid to the court. A fee waiver may be available if you qualify.
6-month waiting period
The soonest a divorce can be final is six months after the case starts (filing or service).
Agree or not, you're covered
File together if you both cooperate — or start on your own if you can't agree yet.
