San Mateo County Law Library Research Guide #9 - Divorce/Dissolution of Marriage and Legal Separation - Steps to File

Sep 16, 2026

San Mateo County Law Library Research Guide #9 explains how divorce (dissolution of marriage) and legal separation work under California law, emphasizing irreconcilable differences. It outlines key responsibilities before filing, including filling and submitting required court forms, serving the other party, and completing financial disclosure steps. The guide details timelines for responses, what to do with and without settlement agreements, and how judgments are finalized, plus options for temporary orders.

LanguageEnglish

CategoryLetters

FormatPDF

Pages4

Reading Time2 min

AccessFree to download

Where do I begin?

Step 1: Fill out and file the necessary forms

Step 2: Serve the forms

Step 3: Disclosure of financial information

Step 4: Finishing up - 4 ways to go

When a response and a written agreement are filed

When a response is filed but no settlement agreement exists

When no response is filed but no settlement agreement exists

When no response is filed and parties have a settlement agreement

Before the judgment is entered

Request for temporary orders

SAN MATEO COUNTY LAW LIBRARY RESEARCH GUIDE \#9 DIVORCE/DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION This resource guide only provides guidance, and does not constitute legal advice. If you need legal advice you need to speak with an attorney. To find an attorney to assist you, you may contact the San Mateo County Lawyer Referral Service at (650) 369-4149. California Law entitles you to a divorce (dissolution) based on irreconcilable differences. Before you file for divorce, understand that a divorce: • Will legally end your marriage forever; • May divide your property and debts; • Provide for child support and if requested, spousal support; and/or • Determine who will care for the children and be entitled to make decisions on their behalf. If you are not sure that you are ready for a divorce, you may want to seek personal or marriage counseling. NOTE: If you need to file for an emergency order, use the Family Law Ex Parte, FL-305 . WHERE DO I BEGIN? DIVORCE STEP 1: FILL OUT AND FILE THE NECESSARY FORMS ALL FORMS REFERENCED IN THIS GUIDE ARE AVAILABLE ON THE CALIFORNIA COURTS WEBSITE. The “Petitioner”(the person who is filing for divorce or legal separation with the court) fills out the forms and files the FL-100: Petition-Marriage and FL-110: Summons with the Court. If there are children of the marriage, FL-105/GC-120: Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act needs to be filed as well. If this is a same-sex marriage or a registered domestic partnership, you must file form FL-103: Petition – Domestic Partnership/Marriage, instead of FL-100 . If filing in San Mateo County, you must also file Local Form FL-2: Notice of ADR Options. After you file your paperwork, you must keep the court informed of any change in your mailing address or other contact information. You must file MC-040: Notice of Change of Address or Other Contact Information and serve it on the opposing party or his/her attorney. STEP 2: SERVE THE FORMS Someone who is over the age of 18 (not the petitioner) needs to serve the spouse with a copy of all the filed forms indicated in Step 1, plus a blank FL-120: Response –Marriage and a blank Local Form FL-2, Notice of ADR Options, if filing in San Mateo County. FL-115: Proof of Service of Summons also needs to be filed after serving the respondent, indicating how and when the respondent was served. If you are serving by mail, NOTE: you need to include two copies of FL-117: Notice and Acknowledgment of Receipt and a postage-paid return envelope addressed to you. The Respondent has 30 days to file a response to the Petition and serve it on the Petitioner. STEP 3: DISCLOSURE OF FINANCIAL INFORMATION At the same time of STEP 1 or within 60 days of filing the Petition, the petitioner must fill out and serve the respondent these forms (together with blank ones): • FL-140: Declaration of Disclosure; • FL-150: Income and Expense Declaration (only required to be filed if spousal support or child support is requested);• FL-142: Schedule of Assets and Debts; • FL-160: Property Declaration; and • All tax returns that have been filed by the party for the past two years before serving the disclosure documents. • NOTE: You should file your FL-150: Income and Expense Declaration, but do not file the other documents or your tax returns with the court. Keep the originals and bring them to your hearing in case you need them later. • Fill out and file FL-141: Declaration Regarding Service of Declaration of Disclosure. STEP 4: FINISHING UP → 4 WAYS TO GO 1) IF THE RESPONDENT FILES A RESPONSE ( FL-120) AND YOU HAVE A WRITTEN AGREEMENT, the Petitioner needs to file: • FL-130: Appearance, Stipulations and Waivers; • FL-170: Declaration Regarding Default or Uncontested Divorce; • FL-180: Judgment; • FL-190: Notice of Entry of Judgment. • Stipulated Judgment, which is the agreement (NOTE, has to be notarized) that says how you will resolve

FAQs

When is the case considered finalized, and how are temporary orders obtained?

The parties are not divorced or legally separated until the court enters a judgment. For temporary needs before finalization, the guide directs users to file a FL-300: Request for Order for orders such as support, custody, visitation, or restraining orders.

Sep 16, 2026

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