How do I file for divorce, and how long does it take?

Where to file for divorce, and who can file

You file in a state trial court, and one spouse must meet that state's residency rule first. Each state names its court differently and sets its own minimum time:

• California: one spouse has lived in California for the last 6 months and in the county for the last 3 months. You file at the courthouse in your county that takes divorce cases.
• Texas: one spouse has lived in Texas for the last 6 months and in the county for the last 90 days. You file in that county's district court.
• Florida: one spouse has lived in Florida for at least 6 months before filing. You file with the clerk of the circuit court in the county where you live.
• New York: usually 2 years of continuous residence by either spouse, or 1 year if you married in New York, lived there as a married couple, or the grounds for divorce arose there. Divorce cases go to the Supreme Court, which in New York is the trial court, not the highest court.

How to file for divorce, step by step

1. 1Check that you can file in your state. One of you must meet the residency rule above. If you are not sure, ask the court's self-help center or the clerk.
2. 2Fill out the petition. The petition starts the case and says what you are asking for, such as dividing property and debts, support and, if you have children, custody. In California it is form FL-100, with a summons, form FL-110, and form FL-105 if you have children under 18.
3. 3File it, and pay the fee or ask for a fee waiver. The clerk files your papers. In California the fee is usually $435 to $450. If you can't afford it, ask the court not to charge it (see the cost section below).
4. 4Have your spouse served. Your spouse must get formal notice. In California you can't serve the papers yourself: someone 18 or older who is not part of the case does it. In Texas, a sheriff, constable or other authorized person serves them, first in person or by certified mail.
5. 5Wait for the response. California gives your spouse 30 days after service to respond, and Florida 20 days after personal service. In Texas the answer is due by 10 a.m. on the Monday after 20 days have passed. If your spouse does not respond, you can ask the court to finish the case without them. This is called a default.
6. 6Share financial information. Both spouses list what they own, owe, earn and spend. In California the spouse who filed must do this within 60 days of filing. In Florida, each spouse files a financial affidavit, generally within 45 days after the petition is served.
7. 7Reach an agreement, or ask the judge to decide. You can settle some or all issues by talking directly or with a mediator, and in California the agreement must be in writing. Whatever you can't agree on, a judge decides after a trial.
8. 8Get the final judgment. A judge reviews the papers and signs the judgment, called a decree in Texas, and not before your state's waiting time has passed. Texas requires a final hearing; when you agree it is short, sometimes called a prove-up, and some courts accept a prove-up affidavit instead of questions in person.

Uncontested vs. contested divorce

• Uncontested. You and your spouse don't disagree about what should happen, either because you agree on everything or because your spouse does not respond and the case goes ahead by default. These cases are usually much simpler and faster.Texas State Law Library: Divorce
• Contested. You disagree about one or more issues, such as property, support or the children. You can ask for temporary orders, for example about support, while the case goes on, and a judge decides what you can't settle.Texas State Law Library · California Courts
• Simplified or summary divorce. Some states have a shorter route for couples with no children who agree on everything. Florida's simplified dissolution requires, among other things, no minor or dependent children, an agreed division of property and debts, no alimony request, and both spouses at the final hearing. California's summary dissolution costs less and uses fewer forms.Fla. Fam. L. R. P. Form 12.901(a) · California Courts
• Legal separation instead. In California you can ask for a legal separation, which divides property and sets orders about money and parenting without ending the marriage. Only one spouse must live in California, and there is no 6-month waiting period.California Courts: Legal separation

Filing for divorce in California, Texas, Florida and New York

Each state also has other grounds for divorce, and other states use their own forms, fees and waiting times. Start with your state court's self-help website, or ask the clerk of the court where you plan to file.

How long does a divorce take?

Two things set the pace: your state's minimum waiting time, and whether you and your spouse agree. The waiting time is only the shortest possible time. The Texas State Law Library notes that uncontested divorces are usually much simpler and faster than contested ones.

• California: at least 6 months. The earliest date counts from the day your spouse was served or responded in court.
• Texas: the judge can't grant the divorce until 60 days after the petition was filed, except in some cases involving family violence.
• Florida: no final judgment until at least 20 days after the petition was filed.
• New York: the breakdown of the marriage must have lasted at least 6 months, and the judgment comes only once money, support and custody issues are resolved.

How much does it cost to file for divorce?

The main court cost is the filing fee. In California it is usually $435 to $450. In Texas and Florida, the clerk of the court where you file can tell you the current fee. In Texas, filing through eFileTexas.gov is free, but you may still need to pay the court's standard filing fees.

If you can't afford the fee, ask the court not to charge it:

• California: file a Request to Waive Court Fees, form FW-001. You may qualify if you get public benefits such as Medi-Cal or CalFresh, if your household income is below a set limit, or if you can't pay for basic needs and court fees. You only need to meet one of these.
• Texas: file a Statement of Inability to Afford Payment of Court Costs.
• Florida: fill out an Application for Determination of Civil Indigent Status; the clerk decides whether your filing fees can be waived or deferred.

Can I file for divorce without a lawyer?

Often, yes, especially when you agree. The Texas State Law Library says an uncontested divorce can be something you do without a lawyer, while a contested divorce can be much more complicated and it is a good idea to speak with one. California's courts say every superior court has free legal help in family law, whatever your income, though any lawyer you speak with there is not your lawyer.

Talk to a lawyer or a legal aid office if there is violence or abuse, your spouse has a lawyer, you disagree about the children, there is a business, a pension or real estate to divide, or your spouse lives abroad, is in the military or can't be found. Florida's court instructions call service in those last situations very complex.

Common questions

Official sources

1. California Courts Self-Help Guide: The divorce process courts.ca.gov
2. California Courts Self-Help Guide: Divorce in California (summary dissolution, legal separation) courts.ca.gov
3. California Courts Self-Help Guide: Legal separation (residency and the 6-month wait for divorce) courts.ca.gov
4. California Courts Self-Help Guide: Fill out your divorce forms (FL-100, FL-110, FL-105) courts.ca.gov
5. California Courts Self-Help Guide: File your divorce papers (filing fee) courts.ca.gov
6. California Courts Self-Help Guide: Serve your divorce papers courts.ca.gov
7. California Courts Self-Help Guide: Share financial information courts.ca.gov
8. California Courts Self-Help Guide: Make decisions (agreement or trial) courts.ca.gov
9. California Courts Self-Help Guide: Default in a divorce or legal separation courts.ca.gov
10. California Courts Self-Help Guide: Fee waivers courts.ca.gov
11. California Courts Self-Help Guide: Court-based self-help services courts.ca.gov
12. California Family Code § 2310: grounds for dissolution leginfo.legislature.ca.gov
13. California Family Code § 2339: six-month waiting period leginfo.legislature.ca.gov
14. Texas State Law Library: Divorce, general information (uncontested and contested) sll.texas.gov
15. Texas State Law Library: Filing for divorce (where to file, fees, temporary orders) sll.texas.gov
16. Texas State Law Library: Serving divorce papers sll.texas.gov
17. Texas State Law Library: Answering divorce papers (deadline, waivers) sll.texas.gov
18. Texas State Law Library: Finalizing the divorce sll.texas.gov
19. Texas Family Code, Chapter 6: suit for dissolution of marriage (§§ 6.001, 6.301, 6.302, 6.702) legis.texas.gov
20. Florida Statutes § 61.021 (2026): residence requirements flsenate.gov
21. Florida Statutes § 61.052 (2026): dissolution of marriage flsenate.gov
22. Florida Statutes § 61.19 (2026): delay period before judgment flsenate.gov
23. Florida Statutes § 61.21 (2026): parenting course flsenate.gov
24. Florida Courts: Instructions for Form 12.901(b)(1), petition for dissolution of marriage with minor children (PDF) flcourts.gov
25. Florida Courts: Instructions for Form 12.901(a), simplified dissolution of marriage (PDF) flcourts.gov
26. New York Domestic Relations Law § 230: required residence nysenate.gov
27. New York Domestic Relations Law § 170: grounds for divorce nysenate.gov
28. New York State Bar Association: LEGALease, divorce and separation nysba.org
29. Child Welfare Information Gateway (HHS): Find help with a personal situation (domestic violence hotline) childwelfare.gov

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