If you are getting ready to file for divorce, Quinn & Dworakowski, LLP has put together this guide to filing for divorce in Orange County, California. Divorce is a big life change. For some it feels positive, for others it is hard, and for many it is a mix of both. Whatever you are feeling, it helps to know your rights and responsibilities up front so there are fewer surprises along the way.
Taking the first step is often the hardest part. California has a set process for divorce, and every case has to follow certain steps to do it correctly. The rules can get complicated fast. Talking with a trusted attorney early, even before you file, can help you understand your options and avoid costly mistakes.
As of January 1, 2026, California also offers a new way to file. We cover both the traditional path and the new joint petition option below.
Five Key Steps for Filing for Divorce in Orange County
Knowing the steps ahead of time takes some of the fear and guesswork out of the process. Every divorce has its own facts, but the basic outline is the same. Here are five key steps to know when you file in Orange County.
- Check the residency rule. California has a residency requirement before you can file. One spouse must have lived in California for at least the past six months, and in Orange County for at least the past three months, before filing. Only one of you has to meet both parts, and it can be either spouse. If neither of you meets the county rule yet, you may be able to file for legal separation first and amend to divorce later.
- Gather your documents. Several forms have to be filled out and filed. These include the divorce petition (Form FL-100), the summons, and the Declaration Under the Uniform Child Custody Jurisdiction and Enforcement Act (Form FL-105), if you have children.
- File the petition. You file a Petition for Dissolution of Marriage with the Orange County Superior Court. All divorce filings in Orange County go to the Lamoreaux Justice Center at 341 The City Drive, Orange, CA 92868. The petition states the grounds for divorce and asks the court for things like child custody, support, and a division of property.
- Serve your spouse (if necessary). After filing, you must give a copy of the petition and the other papers to your spouse. This is called service. Someone over 18 who is not you must do it, usually by personal delivery or by mail with a return receipt. If you both agree to file together using the new joint petition (see below), no separate service is required.
- Wait for a response (if necessary). Your spouse must file a response within 30 days after being served, or 60 days if they were served outside California. Their response addresses the issues in the petition and can include their own requests. If they do not respond in time, you may be able to ask the court for a default judgment. However, if you both agree to file together using a joint petition, a response is not required.
If your spouse contests the divorce, it is a good idea to get advice from a trusted local attorney about your next steps. Some divorces settle through mediation. Others need litigation to reach a resolution. Either way, you will face many decisions with real consequences, so having an unbiased lawyer in your corner matters.
The New Joint Petition Option (SB 1427)
Starting January 1, 2026, a new state law called SB 1427 gives couples another way to file. Instead of one spouse suing the other, both spouses can file together using a Joint Petition for Dissolution (Form FL-700) and a Joint Summons (Form FL-710). Because you file together, the filing itself counts as service, so no one has to be formally served.
Unlike the older summary dissolution process, this option has no limits on how long you were married, whether you have children, or how much property you own. The main requirement is that both spouses agree to settle every issue, including property, support, and custody. If you cannot agree, either spouse can switch back to the standard process by filing a Notice of Revocation (Form FL-720).
Two things do not change with a joint petition. Both spouses still have to exchange full financial disclosures under California Family Code § 2104, and the six-month waiting period still applies. If you need temporary support or custody orders while your case is pending, the joint petition cannot provide those, so the standard petition is the better fit.
How Long Your Divorce Will Take
California has a mandatory six-month waiting period under Family Code § 2339. Your divorce cannot be final until at least six months and one day after your spouse is served, or after the joint petition is filed. A court cannot shorten this period, even if you both agree. Simple, uncontested cases often finish close to the six-month mark. Contested cases with disputes over custody or high-value assets can take a year or more.
FAQs
Q: How much does it cost to file for divorce in Orange County, California?
The filing fee is $435 in 2026. If that is too much, you can ask the court to waive the fee using Form FW-001 by showing your income, and you pay nothing if you qualify.
Q: How long does it take to get a divorce in Orange County?
At least six months, because California has a mandatory six-month waiting period that cannot be waived. Uncontested cases often finish near that mark, while contested cases can take a year or longer.
Q: What is the first step in filing for divorce in California?
The first step is filing the divorce petition with the court after you confirm you meet the residency rule.
Q: Where do you file divorce papers in Orange County?
All Orange County divorce papers are filed at the Lamoreaux Justice Center, 341 The City Drive, Orange, CA 92868. This is where family law matters like divorce, separation, paternity, and support are handled.
Q: Do I have to share financial information?
Yes. Both spouses must exchange full financial disclosures in every California divorce, including joint petitions, under Family Code § 2104.
Q: Do I need my spouse to agree before I can file?
No. California is a no-fault state, so you can file and proceed even if your spouse does not agree or does not respond.
Speak With a Qualified Orange County Divorce Lawyer Today
If you are ready to file for divorce in Orange County, talk with a divorce lawyer at Quinn & Dworakowski, LLP. One of our attorneys can walk you through the process step by step and make sure you understand your rights and responsibilities at each stage. You deserve to have your interests protected, and a qualified attorney can do exactly that.
Reach out today to set up a consultation or call (949) 660-1400.
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