If you’re thinking about filing for divorce in California, the legal process can feel confusing right from the start. Terms like “petition,” “summons,” and “service of process” aren’t part of everyday language—but they play a critical role in your case. Understanding these first steps in a California divorce can help you avoid mistakes and feel more confident as you move forward.

This guide explains the key parts of starting a family law case in California in clear, practical terms.

Filing for Divorce: The Petition Explained

Every California divorce begins with a document called a Petition for Dissolution of Marriage (Form FL-100). This is the official paperwork that tells the court—and your spouse—that you are asking for a divorce.

In the petition, you provide basic information, including:

• Your marriage or domestic partnership details
• The date of separation (when the relationship ended)
• Whether you have minor children
• What you are requesting (custody, child support, spousal support, property division)

The date of separation is especially important. It can affect how property and debts are divided, because anything acquired after separation may be considered separate property instead of shared.

You don’t need to prove fault to file. Most people simply cite “irreconcilable differences,” meaning the marriage cannot be repaired.

The Summons and Automatic Restraining Orders (ATROs)

When you file the petition, you also file a Summons (Form FL-110). This document does two important things.

First, it notifies your spouse that a legal case has started and that they have a limited time to respond.

Second, it includes Automatic Temporary Restraining Orders (ATROs). Despite the name, these are not related to domestic violence. Instead, they are standard rules that apply to both spouses during the divorce process.

ATROs prevent either party from:

• Taking children out of California without consent
• Selling, hiding, or transferring property
• Changing insurance policies or beneficiaries
• Making major financial changes without agreement or court approval

These rules are designed to maintain the status quo and prevent one party from gaining an unfair advantage while the case is pending.

Child Custody and Support Requests

If you have children, your petition will also address child custody and child support.

You can request:

• Legal custody (decision-making authority)
• Physical custody (where the child lives)
• A visitation or parenting schedule

California courts prioritize the best interests of the child, encouraging arrangements that allow both parents to stay involved whenever possible.

Child support is typically determined using a statewide formula based on income and parenting time. You don’t need to calculate it yourself at the start, but you must clearly indicate that you are requesting support.

Spousal Support (Alimony)

In your petition, you can also request spousal support, sometimes called alimony. This is financial support paid by one spouse to the other.

You have a few options when filing:

• Request support
• Ask the court to reserve the issue for later
• Ask to terminate the court’s ability to award support

The final decision depends on factors like income, length of marriage, and each spouse’s financial situation.

Dividing Property: Community vs. Separate

California is a community property state, meaning most assets and debts acquired during the marriage are shared equally.

In your petition, you’ll identify:

• Separate property (owned before marriage or received as a gift/inheritance)
• Community property (earned or acquired during the marriage)

You don’t need to list every detail immediately, but being as complete as possible helps avoid delays later.

Serving Divorce Papers: A Required Step

After filing, you must legally notify your spouse through a process called service of process.

This means delivering copies of the petition and summons to your spouse. You cannot do this yourself—someone over 18 who is not part of the case must serve the papers.

There are several ways to serve documents:

• Personal service (hand delivery)
• Substituted service (leaving papers with someone at home/work and mailing copies)
• Service by mail with acknowledgment
• Publication (used only if the spouse cannot be located)

Proper service is critical. If it’s not done correctly, your case may be delayed or dismissed.

What Happens After Filing?

Once your spouse is served, they have the opportunity to respond. From there, your case may involve:

• Negotiating agreements
• Requesting temporary court orders
• Exchanging financial information
• Attending court hearings if needed

Every case is different, but the initial filing sets the foundation for everything that follows.

Final Thoughts: Start Strong with the Right Information

Starting a California divorce involves more than just filling out forms—it requires understanding your rights, responsibilities, and the legal process. From filing the petition to serving your spouse and addressing custody or support, each step matters.

If you’re considering divorce or have already started the process, speaking with a qualified California family law attorney can help you avoid costly mistakes and protect your interests. Taking informed action early can make a significant difference in the outcome of your case.