The divorce process in California runs in five stages. One spouse files a petition, the other spouse responds, both exchange sworn financial disclosures, the couple settles or a judge decides the disputed issues, and the court enters a judgment. The marriage cannot end sooner than six months after the other spouse is served.

If you are reading this, you may own a business, hold equity in a company that pays you in stock, or be married to someone who does. The marriage may be ending, and you have not yet decided what to do about it. Most people facing this process have never seen a family court file. They are trying to learn what happens in what order before they commit to a lawyer, a mediator, or doing it themselves. The questions pile up fast. Does the company get valued? Are the unvested shares on the table? What happens to the house you bought before the wedding? This guide walks through each stage as it actually unfolds in San Diego County. At each stage, it points out where significant wealth changes the work.

The court-required sequence has five steps. The minimum timeline is set by statute at six months from service. Filing fees are set by the court and posted on the San Diego Superior Court website. Attorney and expert costs depend on how much of the estate is disputed and how hard it is to value. This guide describes that work but does not price it.

Before Filing: Residency, Grounds, and Documents Commonly Gathered

Under Cal. Fam. Code § 2320, at least one spouse generally must have lived in California for six months, and in San Diego County for three months, immediately before the petition is filed. A spouse who has recently moved here from another state may not qualify yet.

California is a no-fault state. Under Cal. Fam. Code § 2310, the ground for divorce is almost always "irreconcilable differences," meaning the marriage has broken down beyond repair. The statute's only other ground is permanent legal incapacity to make decisions. Neither spouse has to prove wrongdoing, and misconduct generally does not shift how property is divided.

Cases are filed in the San Diego Superior Court, Family Law Division. The court has branch locations in Central, North County, East County, and South County. The San Diego Superior Court website at sdcourt.ca.gov lists which branch handles which filings.

Many people find it useful to gather these documents before filing:

  • The marriage certificate
  • Several years of personal and business tax returns
  • Bank, brokerage, and retirement account statements
  • Any existing business valuations
  • Title documents for every piece of real property
  • Any prenuptial agreements or postnuptial agreements

Three early decisions shape everything after this point. The first is whether the case is likely to be contested or uncontested. The second is whether minor children are involved; custody and child support run on their own track. The third is whether mediation or collaborative divorce is on the table.

One alternative is legal separation. It divides property and sets support, but the spouses stay legally married. Couples choose it when they have not met the residency period yet, when they have religious objections to divorce, or when one spouse needs to stay on the other's health insurance. It uses the same petition form as a divorce.

Step 1: File the Petition — Forms, Fees, and What Gets Served

The petitioner is the spouse who files first. The case starts with Form FL-100, Petition — Marriage/Domestic Partnership. If the couple has minor children, the petitioner also files FL-105, Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act. This form tells the court where the children have lived.

When the petition is filed, the court clerk issues the Summons, FL-110. The other spouse, called the respondent, has to receive the Summons and a copy of the petition. The San Diego Superior Court charges a filing fee, and the current amount is posted on the fee schedule at sdcourt.ca.gov. A person who cannot afford the fee can request a waiver with FW-001.

"Service" means formal delivery of the papers so the court knows the respondent has notice. The petitioner cannot hand over the papers personally. An adult who is not a party to the case, or a professional process server, does the personal delivery. Instead, the respondent can sign FL-117, Notice and Acknowledgment of Receipt, which confirms the papers arrived.

The back of the Summons contains the Automatic Temporary Restraining Orders, often called ATROs. They bind the petitioner at filing and the respondent once served. While the case is open, neither spouse may do any of the following without written consent or a court order:

  • Transfer, conceal, or dispose of community or separate property, except in the usual course of business or for necessities of life
  • Change beneficiaries on insurance policies
  • Take the minor children out of California

For a business owner, "the usual course of business" is where the line gets drawn. Normal payroll is fine. A sudden sale of company stock or real estate is not. Forms and instructions are available at selfhelp.courts.ca.gov.

Step 2: The Response — What the Other Spouse Does Next

This step is short on paper and long on consequence. The respondent has 30 days after service to file a Response, FL-120. The Response lets the respondent state their own position on property, support, and custody.

If no Response is filed, the petitioner may ask to proceed by default. A default judgment means the court can grant the divorce without the respondent's participation. The petitioner still has to complete every other step, including financial disclosure, and the judgment still has to follow California law.

If a Response is filed, the case is contested. That word sounds more dramatic than it usually is. A contested case simply means at least one issue is not agreed yet. Filing a Response does not mean the case will go to trial. Most contested cases settle through negotiation or mediation. San Diego County's local rules on filing and timing are posted at sdcourt.ca.gov.

Step 3: Financial Disclosures — The Exchange Both Parties Must Complete

California's disclosure statute, Cal. Fam. Code §§ 2100–2113, requires a full and accurate disclosure of every asset and debt in which either spouse has or may have an interest. Disclosure is required whether the asset looks community or separate. This is where a high-asset divorce starts to look different from a typical one.

Each spouse serves a Preliminary Declaration of Disclosure on the other. It includes FL-140, the declaration itself; FL-142, the Schedule of Assets and Debts; and FL-150, the Income and Expense Declaration. This is mandatory. The law also imposes a continuing duty to update the disclosure whenever anything material changes. Final Declarations of Disclosure follow later, unless both spouses waive them in writing on FL-144.

For someone who owns a company or is paid in equity, these forms carry real weight. The Schedule of Assets and Debts has to capture business interests, stock options, restricted stock units (RSUs, shares granted by an employer that vest over time), deferred compensation, real estate holdings, and retirement accounts. The income declaration has to reflect bonuses, distributions, and other non-salary income. Incomplete or inaccurate disclosures can lead the court to set aside a judgment later. That can reopen a case the spouses thought was finished.

Disclosure also makes you name each asset's character. Under Cal. Fam. Code § 760, property acquired during the marriage while living in California is generally community property. Community property belongs equally to both spouses. Under Cal. Fam. Code § 770, separate property includes property owned before marriage, gifts and inheritances received during marriage, and the rents and profits from that property.

The difficulty is proof. Tracing means following a separate asset through accounts and purchases to show it kept its character. Tracing can be demanding when inherited money went into a joint account or premarital funds paid down a community mortgage. That mixing is called commingling. Tracing in a complex estate often requires a forensic accountant, and some couples add a certified divorce financial analyst to model outcomes. The work involves rebuilding account histories, sometimes across many years, and documenting the source of each dollar in dispute.

Step 4: Reaching Agreement or Going to Court — Negotiation, Mediation, and Trial

Most California divorces resolve by written agreement rather than trial, including complex, high-asset ones. That agreement is usually a Marital Settlement Agreement (MSA) or a Stipulated Judgment. It sets out the property division, spousal support, and, if there are children, custody and child support.

Couples reach agreement in a few ways. Attorneys may negotiate directly. Private mediation uses a neutral third party who helps the spouses reach terms but cannot impose them. Collaborative divorce is a structured process in which both spouses and their attorneys commit to settling outside court. Financial and other professionals often work jointly with the team. For custody and visitation disputes, San Diego Superior Court Family Court Services provides mediation. That mediation is a required step before a contested custody hearing in San Diego County. Details are on sdcourt.ca.gov.

If issues remain unresolved, a judge decides them at trial. No jury is involved. A family law trial involves testimony, documents, and often competing expert opinions on value. It is the exception, not the rule.

Support is decided under separate standards. Spousal support, also called alimony, is governed by Cal. Fam. Code § 4320. The court weighs a list of factors, including:

  • Each spouse's earning capacity and whether it can maintain the marital standard of living
  • The marital standard of living itself
  • Each party's needs, assets, and obligations, including separate property
  • The length of the marriage
  • The supporting spouse's ability to pay
  • Contributions one spouse made to the other's education or career
  • Age, health, tax consequences, and any documented history of domestic violence

For marriages that are not "long duration," the statute generally treats a reasonable period to become self-supporting as half the length of the marriage. The court still keeps discretion.

Child support is different. It is calculated under the statewide guideline formula in Cal. Fam. Code § 4055. The formula uses each parent's net disposable monthly income and the time each parent spends with the children. The starting number comes from the formula, not from bargaining. In higher-income households, the argument usually centers on what counts as income, such as bonuses, distributions, and vested equity. The firm's page on high-income child support covers that question.

Step 5: The Six-Month Waiting Period and When the Divorce Becomes Final

Cal. Fam. Code § 2339 sets the floor. A dissolution judgment cannot end the marriage until six months after the respondent was served or first appeared in the case, whichever came first. The court can extend that period for good cause.

The six months is a minimum, not a promise. Cases take longer when disclosures are incomplete, when valuations are still underway, when agreement is not reached, or when the court calendar is backed up. Many high-asset cases are still working through valuation long after the six months have passed.

To finish the case, the spouses submit a proposed Judgment, FL-180, with the required attachments. In a default case, the petitioner submits it alone. Checklists for judgment packets are at selfhelp.courts.ca.gov. Once the judge signs, the marriage ends as of the date stated in the Judgment. That date is called the date of termination of marital status.

The Judgment is not the last piece of paper. Real property has to be re-deeded, usually by quitclaim or grant deed. Brokerage and financial accounts have to be retitled. Employer-sponsored retirement plans are divided by a Qualified Domestic Relations Order, or QDRO. A QDRO is a separate court order. It does not happen automatically with the divorce judgment. It has to be drafted, approved by the court, and accepted by the plan administrator. The firm's page on pension and retirement division covers that process in more detail.

Typical timeline

An uncontested San Diego County case with complete paperwork can finish close to the six-month floor. A contested case takes longer. The added time depends on the valuation work, the discovery needed, and how quickly the spouses reach terms. Business valuations, equity compensation apportionment, and tracing often extend the case well past six months. So do custody disputes that move beyond Family Court Services mediation. No statute sets an outer limit, and estimates for a specific case depend on its facts.

When the Process Gets More Complicated: High-Asset and Contested Cases in San Diego County

The waiting stretch between disclosure and judgment is often the hardest part for a business owner or executive. The practical question is no longer whether you will be divorced. It becomes what, exactly, is being divided and at what number. These are the circumstances that most often add steps. The firm's overview of high asset divorce cases goes further.

Business ownership

Valuing a closely held business or professional practice usually requires a business valuation expert. The expert looks at earnings, retained earnings, and goodwill, which is the value of reputation and client relationships beyond hard assets. Timing also matters. Under Cal. Fam. Code § 70, the date of separation is the date of a complete and final break in the marriage. That break is shown when one spouse has expressed the intent to end the marriage and acts consistently with that intent. The date of separation affects how much of the business's growth counts as community property and how much counts as separate property.

Stock options, RSUs, and deferred compensation

Equity that was granted during the marriage but vests after separation is often part community and part separate. California courts use apportionment approaches, including the Hug formula and the Nelson formula, to split it. Which one fits depends on whether the grant rewarded past work or was meant to retain the employee for future work. Tax treatment affects the net value of each piece. The firm's page on tax consequences of divorce covers that side.

Real property in San Diego County

High property values in San Diego County magnify small errors. An accurate appraisal matters. So does tracing the source of the down payment, especially when premarital money or an inheritance helped buy a community home.

Custody disputes

Custody tactics are outside this guide. In brief: if Family Court Services mediation does not resolve the dispute, a judge may appoint minor's counsel or order a child custody evaluation.

Suspected hidden assets

When the disclosures do not match the lifestyle, California family law provides formal discovery tools. These include subpoenas to banks and employers, depositions (sworn questioning under oath), and requests for production of documents. The analysis then becomes a characterization and valuation question: what was the asset, whose was it, and what is it worth.

Local rules and fit

The San Diego Superior Court Family Law Division has local rules and standing orders that affect scheduling, discovery, and motion practice. Represented parties' counsel handle these. Self-represented parties can find them on sdcourt.ca.gov.

A note on fit: this firm focuses on high-asset and complex dissolution matters. Couples with a straightforward, low-asset, uncontested divorce may be better served by the San Diego Superior Court Self-Help Center or a document preparation service.

Frequently asked questions

How long does it take to get legally divorced in California?

The earliest a California divorce can be final is six months after the respondent is served or appears, under Cal. Fam. Code § 2339. Uncontested cases with complete paperwork can finish near that floor. Contested cases involving property disputes, business valuation, or custody typically take longer. A consultation is the most reliable way to estimate the timeline for a specific situation.

How do you get a divorce without lawyers in California?

California allows self-represented divorce, and the San Diego Superior Court Self-Help Center and selfhelp.courts.ca.gov provide the Judicial Council forms and instructions. Uncontested cases with no minor children and simple assets are the most practical fit. When business interests, equity compensation, retirement accounts, or disputed custody are involved, the risks increase. Those risks include missed assets, mischaracterized property, and a QDRO that is never completed.

What assets cannot be split in a divorce in California?

Separate property generally is not divided. Under Cal. Fam. Code § 770, that includes property owned before marriage, gifts and inheritances received during marriage, and the income those assets produce. The hard part in a high-asset case is proving it. When separate funds have been commingled with community funds, the owning spouse usually has to trace them back to a separate source.

What are some alternatives to divorce in California?

Legal separation is the main alternative. It divides property and sets support without ending the marriage. Couples use it for religious reasons or to preserve health insurance coverage. Annulment is available only in narrow circumstances defined by statute. Mediation and collaborative divorce are different ways to reach a divorce agreement, not alternatives to divorce itself.

What forms do I need to file for divorce in San Diego County?

The core filing forms are FL-100 (Petition) and FL-110 (Summons), plus FL-105 if there are minor children. Both spouses complete disclosure forms FL-140, FL-142, and FL-150. The case ends with an FL-180 Judgment. All Judicial Council forms are at selfhelp.courts.ca.gov, and San Diego-specific requirements are at sdcourt.ca.gov.

What is the difference between a contested and uncontested divorce in California?

An uncontested divorce is one where the spouses agree on every issue and submit a stipulated judgment. A contested divorce has at least one disputed issue that must be resolved through negotiation, mediation, or a hearing. Most contested cases settle before trial. The difference mainly affects the timeline and how much professional involvement the case requires.

What are Automatic Temporary Restraining Orders (ATROs) in a California divorce?

ATROs are standing court orders printed on the back of the FL-110 Summons. They bind the petitioner at filing and the respondent upon service. They bar both spouses from transferring, concealing, or disposing of property outside the ordinary course. They also bar changing insurance beneficiaries and removing the children from California without written consent or a court order.

How is community property divided in California?

Community property is generally divided equally between the spouses. Under Cal. Fam. Code § 760, property acquired during the marriage while living in California is generally community property. The complexity in high-asset cases lies in characterization, which means deciding what is community and what is separate. That is especially difficult once the two have been mixed over years.

If You'd Like a Clear Read on Your Own Estate

The steps above are the same for every California divorce. What changes in a high-asset case is the work inside each step. That includes which date of separation will apply, how equity grants will be apportioned, whether separate funds can be traced, and what the business is actually worth. In a consultation, an attorney will ask what you own, how it is titled, and when key assets were acquired or funded. You will leave with a clearer picture of which characterization and valuation questions are likely to drive your case. If your situation is simple and uncontested, the San Diego Superior Court Self-Help Center may be the more useful first call.

To talk through how this process applies to your assets, call San Diego Family Law Advocates at (858) 330-6989 for a confidential consultation.

About this article. Reviewed by Amy J. Lass, CA Bar No. 246779. Last updated 2026-09-28.