Question 1

What exactly does DivorceFastCA do?

Accepted Answer

DivorceFastCA generates a complete, court-ready divorce packet based on a simple online questionnaire. Instead of downloading dozens of confusing blank PDFs from the state website, you answer plain-English questions, and our system automatically fills out every required California court form for your specific situation. This includes drafting your Marital Settlement Agreement, the legally binding contract that divides your property and debts. You simply print the packet, sign where indicated, and file it at your local courthouse.

Question 2

Do I still need to go to court?

Accepted Answer

In most uncontested cases, no. You will need to file your paperwork at the court clerk's window (or submit it online via e-filing, if your county allows it), but you rarely have to appear before a judge in a courtroom. As long as you and your spouse reach an agreement and submit the proper final judgment forms, the judge will review and sign your divorce decree without a hearing.

Question 3

How is DivorceFastCA different from hiring a divorce attorney?

Accepted Answer

According to Clio's 2025 Legal Trends Report, the average hourly rate for a family law attorney in California is $409 per hour. A traditional attorney-led divorce can easily cost $10,000 to $15,000. DivorceFastCA is a flat-fee document preparation service designed for uncontested divorces where both spouses are willing to cooperate. We provide the exact same state-mandated forms an attorney would use, but you file them yourself. If your case is highly contested, involves complex business valuations, or if you and your spouse cannot communicate safely, you should hire an attorney.

Question 4

Can I use DivorceFastCA if I have children?

Accepted Answer

Yes. If you have minor children together, our system automatically includes the required child-related forms in your packet. This includes the mandatory UCCJEA Declaration (FL-105), the Child Custody and Visitation Order Attachment (FL-341), and the Child Support Information and Order Attachment (FL-342). You and your spouse will outline your agreed-upon parenting plan in the Marital Settlement Agreement we draft for you.

Question 5

What if I need help or have a question during the process?

Accepted Answer

If you have technical questions about your account or how to print your forms, our support team is available via email. If you have legal questions about how to divide a specific asset, whether you should ask for spousal support, or what a specific court rule means, you should contact your county's free Family Law Facilitator or Self-Help Center. As a document preparation service, we cannot provide legal advice.

Question 6

Is my personal and financial information secure?

Accepted Answer

Yes. We use bank-level 256-bit encryption to protect your data. The information you provide in the questionnaire is used exclusively to generate your court forms and Marital Settlement Agreement. We never sell your personal data to third parties.

Question 7

Does DivorceFastCA provide legal advice?

Accepted Answer

No. DivorceFastCA is a self-help document preparation service, not a law firm. We cannot give you legal advice, tell you what your legal rights are, or represent you in court. If you need legal advice, you should consult a licensed California family law attorney.

Question 8

Do I qualify for this service?

Accepted Answer

If you and your spouse agree on the terms of your divorce, or if you are filing by default because they won't respond, you qualify. To file in California, at least one spouse must have lived in the state for the last 6 months AND in the specific county where you plan to file for the last 3 months. Take our 1-minute quiz to be sure.

Question 9

Do I have to be legally separated before I can file?

Accepted Answer

No. California does not require a waiting period or a formal legal separation before you can file for divorce. You can file for dissolution of marriage at any time, provided you meet the residency requirements.

Question 10

What if I just recently moved to California?

Accepted Answer

If you just moved to California, you must wait until you have lived in the state for 6 months and your current county for 3 months before you can file for a standard divorce. If you need immediate court orders (for example, for child custody or support), you can file for Legal Separation immediately, and then amend your petition to a divorce once you meet the residency requirements.

Question 11

Can same-sex couples use DivorceFastCA?

Accepted Answer

Yes. California family law applies equally to all married couples and registered domestic partners. The forms, timelines, and property division rules are identical. DivorceFastCA fully supports same-sex marriages and domestic partnerships.

Question 12

What is the difference between Traditional, Joint Petition, and Summary Dissolution?

Accepted Answer

California offers three ways to process a divorce:

• Traditional: One spouse files the initial paperwork (the Petitioner) and formally delivers it to the other spouse (the Respondent). This is the most common pathway.

• Joint Petition: New for 2026, this pathway allows both spouses to file the initial paperwork together as co-petitioners. No formal service of process is required.

• Summary Dissolution: A fast-track process for couples who have been married less than 5 years, have no children, and have very limited property and debt. Strict eligibility rules apply.

Question 13

Do I qualify for a Summary Dissolution?

Accepted Answer

Summary Dissolution is only available if you meet all of the following requirements: you have been married for less than 5 years; you have no children together (biological or adopted); neither of you owns any real estate; your total community property is worth less than $47,000; your total community debt is less than $6,000; and both spouses agree to waive spousal support. If you do not meet even one of these requirements, you must use the Traditional or Joint Petition pathway.

Question 14

What is the new 2026 Joint Petition?

Accepted Answer

Under Senate Bill 1427, effective January 1, 2026, California allows couples who are willing to cooperate to file a Joint Petition for Dissolution of Marriage. Instead of one spouse suing the other, both spouses sign the initial forms (FL-700 and FL-710) together. This eliminates the need to hire a process server. Both spouses pay a combined filing fee of approximately $870 (two standard $435 filing fees).

Question 15

What if my spouse and I don't agree on everything yet?

Accepted Answer

You do not need a complete agreement to start the divorce process. Both the Traditional and Joint Petition pathways allow you to file your initial paperwork to get the 6-month waiting period started, and then use that time to negotiate the details of your property, support, and custody arrangements. You only need a complete Marital Settlement Agreement before the judge can sign your final divorce judgment.

Question 16

Do California divorce forms need to be notarized?

Accepted Answer

No. California divorce forms do not require notarization. Several forms, including your financial disclosures and final declarations, require you to sign "under penalty of perjury." This is a legally binding declaration that the information you provided is true and correct, but it does not require a notary public to witness your signature.

Question 17

What is a Marital Settlement Agreement (MSA)?

Accepted Answer

A Marital Settlement Agreement is the legally binding contract between you and your spouse that outlines exactly how your marriage will end. It details who gets what property, who pays which debts, how child custody will be handled, and whether any spousal support will be paid. When the judge signs your final divorce judgment, this agreement becomes a permanent court order. DivorceFastCA drafts this comprehensive document for you as part of your packet.

Question 18

Which forms does DivorceFastCA fill out for me?

Accepted Answer

We fill out every form required for your chosen pathway.

• Traditional Pathway: FL-100, FL-110, FL-115, FL-130, FL-140, FL-141, FL-142, FL-144, FL-150, FL-160, FL-165, FL-170, FL-180, FL-190, your Marital Settlement Agreement, and a blank FL-120 for your spouse.

• Joint Petition Pathway: FL-700, FL-710, FL-130, FL-140, FL-141, FL-142, FL-144, FL-150, FL-160, FL-170, FL-180, FL-190, and your Marital Settlement Agreement.

• Summary Dissolution: FL-800, FL-825, and your Marital Settlement Agreement.

• If you have children: FL-105, FL-341, and FL-342 are included in the Traditional and Joint pathways.

Question 19

What happens if I make a mistake on a form?

Accepted Answer

If you make a minor mistake, the court clerk will usually point it out when you try to file your paperwork (for example, if you forgot to sign a page or missed a checkbox). You can correct the error and refile. If you need to change substantial information after a form has already been filed, you may need to file an "Amended" form. Your county's free Self-Help Center can assist you with correcting filing errors.

Question 20

What if the court rejects my paperwork?

Accepted Answer

We guarantee court acceptance. If a California court rejects your packet because of a formatting or generation error on our end, we fix it immediately or refund you 100%.

Question 21

Does this include the court filing fee?

Accepted Answer

No. Every California county charges a mandatory court filing fee, which you pay directly to the court when you file. For the Traditional and Summary Dissolution pathways, the initial filing fee is $435, though some counties charge slightly more to cover local courthouse construction funds (up to $450). For the Joint Petition pathway, both spouses are filing together, so each pays the $435 fee, for a combined total of $870. Court fees are subject to change, so you should always verify the exact amount on your local county court's website. If you can't afford the fee, you may qualify for a waiver.

Question 22

What if I can't afford the filing fee?

Accepted Answer

If you cannot afford the filing fee, you can ask the court to waive it by filing Form FW-001 (Request to Waive Court Fees). You generally qualify for a fee waiver if you receive public benefits (such as Medi-Cal, CalFresh, or SSI), or if your household income falls below a certain threshold set by the state. If you indicate you need a fee waiver during our questionnaire, DivorceFastCA will include the FW-001 form in your packet.

Question 23

Can I file my divorce papers online (e-filing)?

Accepted Answer

Yes, in many California counties. E-filing allows you to submit your PDFs directly to the court clerk through an approved online portal rather than driving to the courthouse. Not all counties offer e-filing for family law cases yet. We recommend checking your specific county court's website (e.g., occourts.org for Orange County, lacourt.org for Los Angeles) to see if e-filing is available and what the local rules are.

Question 24

Can I hand the divorce papers to my spouse myself?

Accepted Answer

No. If you are using the Traditional pathway, California law strictly prohibits you from serving your own divorce papers. You must use a third party—called a "Server"—who is at least 18 years old and not a party to the case. This can be a trusted friend, a family member, a county sheriff, or a professional process server. (Note: If you use the Joint Petition or Summary Dissolution pathways, formal service of process is not required because both spouses file together.)

Question 25

What is a Proof of Service (FL-115) and why does it matter?

Accepted Answer

Form FL-115 (Proof of Service of Summons) is the document your Server signs under penalty of perjury stating exactly when, where, and how they delivered the divorce papers to your spouse. You must file this form with the court. It is critical because the date written on this form is the official "service date." The mandatory 6-month waiting period and the 30-day deadline for your spouse to respond both start counting from this exact date.

Question 26

What if I can't find my spouse to serve them?

Accepted Answer

If you have made every reasonable effort to locate your spouse (checking with their friends, family, last known employer, and searching online) but still cannot find them, you can ask the court for permission to serve them by publication or posting. This involves publishing a notice in a local newspaper or posting it at the courthouse. You must get a judge's order to do this. Your county's Self-Help Center can provide the specific forms required for this request.

Question 27

Why do I have to share my financial information with my spouse?

Accepted Answer

California law requires both spouses to operate with complete financial transparency. You cannot get divorced without exchanging a full Preliminary Declaration of Disclosure. This ensures that any agreement you reach regarding property division, child support, or spousal support is based on accurate information. It is mandatory in every California divorce—there are no exceptions.

Question 28

Do my financial forms go into the public court record?

Accepted Answer

No. The actual financial forms detailing your income, assets, and debts (FL-140, FL-150, FL-142, or FL-160) are exchanged directly between you and your spouse. You do not file these forms with the court clerk, meaning your personal financial details stay out of the public record. You only file a single, one-page form (FL-141) with the court to swear under oath that you completed the exchange.

Question 29

What is the deadline for completing financial disclosures?

Accepted Answer

By law, you must serve your Preliminary Declaration of Disclosure on your spouse within 60 days of filing your initial divorce Petition. Your spouse must serve their disclosures on you within 60 days of filing their Response.

Question 30

How is property divided in a California divorce?

Accepted Answer

California is a community property state. This means that, by default, all assets and debts acquired during the marriage belong equally to both spouses and must be divided 50/50. This applies regardless of whose name is on the bank account, title, or credit card. If you and your spouse agree to a different division, the court will generally approve it, provided it is fair and documented in your Marital Settlement Agreement.

Question 31

What is the difference between community property and separate property?

Accepted Answer

Community property includes anything earned, bought, or acquired by either spouse during the marriage (from the date of marriage to the date of separation). Separate property includes assets owned before the marriage, or anything received as a gift or inheritance during the marriage. Separate property is not divided in a divorce; it stays with the original owner.

Question 32

What happens to our house?

Accepted Answer

When dividing a family home, couples typically choose one of three options:

1. Sell the home and split the net proceeds 50/50.
2. One spouse keeps the home and "buys out" the other spouse's 50% share (often by refinancing the mortgage).
3. Defer the sale of the home until a specific future date (often used when parents want children to finish school before moving).

The arrangement you choose will be legally documented in your Marital Settlement Agreement.

Question 33

What about retirement accounts and pensions?

Accepted Answer

Retirement accounts (like 401ks, IRAs, and pensions) accumulated during the marriage are considered community property and must be divided. However, actually transferring the funds without triggering massive tax penalties requires a specialized court order called a Qualified Domestic Relations Order (QDRO). Preparing a QDRO is a complex legal process that falls outside the scope of DivorceFastCA. You will need to hire a family law attorney or a specialized QDRO preparer to handle this specific asset.

Question 34

Will I have to pay spousal support?

Accepted Answer

Spousal support (also known as alimony) is not automatic. The court considers several factors to determine if support is appropriate, including the length of the marriage, each spouse's income and earning capacity, their age and health, and the standard of living established during the marriage. If you and your spouse agree on a support amount and duration (or agree to waive support entirely), you will include those terms in your Marital Settlement Agreement.

Question 35

How long until I'm officially divorced?

Accepted Answer

California has a mandatory 6-month waiting period and a divorce cannot be done faster. We get your paperwork filed in days; the state still requires the 6-month clock before your divorce is final. The actual timeline depends on how quickly you and your spouse complete the required steps (like financial disclosures and signing the settlement agreement), and how long your local court takes to process the final paperwork. Once you submit your final judgment packet, it typically takes the court 4 to 8 weeks to review and sign it.

Question 36

When does the 6-month waiting period start?

Accepted Answer

The clock starts ticking on different days depending on your pathway:

• Traditional: The 6-month period begins on the exact date your spouse is personally served with the initial papers (the date on the FL-115 Proof of Service).

• Joint Petition: The 6-month period begins on the date you file the joint petition (FL-700) at the courthouse.

• Summary Dissolution: The 6-month period begins on the date you file the joint petition (FL-800) at the courthouse.

Question 37

When can I legally remarry?

Accepted Answer

You are not legally divorced until the exact date written on your final Judgment (FL-180) signed by the judge. This date will be at least 6 months after your service or filing date. You are not divorced when you submit the final forms, and you are not divorced when the clerk accepts them. You must wait until the date on the signed judgment to remarry.

Question 38

What if my spouse won't sign or respond?

Accepted Answer

You can still proceed with a default judgment. In the Traditional pathway, your spouse has 30 days to file a Response (FL-120) after being served. If they do not respond, you can file a Request to Enter Default (FL-165). Our questionnaire branches to the correct forms (FL-165, FL-170) and gives you the exact steps to file without your spouse's cooperation.

Question 39

Can I change my name as part of the divorce?

Accepted Answer

Yes. You can request to have your former or maiden name restored as part of the divorce process. You make this request on your final Judgment form (FL-180). The judge will include the name restoration in the final decree at no additional cost. You can then use the certified copy of your judgment to update your driver's license, Social Security card, passport, and bank accounts.

Frequently asked questions.

Getting Started

Eligibility & Residency

Choosing Your Pathway

Forms & Paperwork

Filing at the Courthouse

Serving Your Spouse

Financial Disclosures

Property, Debts & Support

Timelines & Troubleshooting

Still have questions?