Rev. January 1, 2015
FL-107-INFO, Page 2 of 2
Legal Steps for a Divorce or Legal Separation
You may prefer to resolve some or all of the issues in your divorce or legal separation case without having the court
decide for you. You and your spouse or domestic partner can put your agreement in writing and file it in your case. But
your agreement must follow all legal requirements.
Getting help to resolve divorce or legal separation cases
Do you have a registered domestic partnership? The process for a divorce or legal separation of a domestic partnership
is the same as on page 1. For information about ending your domestic partnership in the superior court, see courts.ca.
gov/filing. To find out if you are eligible to end your domestic partnership through the Secretary of State, see courts.ca.
gov/summdissodp. Note: There may be differences in federal taxes and other issues for domestic partnerships. Seek
advice from an attorney experienced in domestic partner law.
What if you want a legal separation? The process on page 1 is the same, except you will NOT get a Judgment for legal
separation unless both parties agree to a legal separation OR if respondent has not filed a Response. If both parties agree
to be legally separated but do not agree on other issues, the parties must go to trial to have a judge resolve those issues.
You are NOT legally separated until you receive a Judgment signed by the court. For more information, see “Legal
Separation” at courts.ca.gov/legalseparation. AFTER the court enters a judgment for legal separation, if you decide you
want a divorce, you must start a new case to request a divorce and pay another filing fee.
Legal Steps for a Divorce or Legal Separation
FL-107-INFO
Family Law Facilitators and Self-Help Centers
help with court forms and instructions. They can
provide samples of agreements and other
information and, in some cases, help with mediation.
This information sheet gives you only basic information on
the divorce or legal separation and is not legal advice. If you
want legal advice, ask a lawyer for help. You may also:
Contact the family law facilitator or self-help center in
your court for information, court forms, and referrals to
local legal resources. For more information, see
courts.ca.gov/courtresources.
What if there is domestic violence?
Private services (which you can hire
to help you resolve your case):
Where can I get help?
Lawyers. Also called attorneys, lawyers can help
work out agreements between the parties and
represent you at court hearings and trials.
Mediators. A lawyer or counselor who helps the
parties communicate to explore options and reach a
mutually acceptable resolution.
Collaborative Lawyers. Lawyers who represent
each party but do not go to court. They try to reach
an agreement. If court is necessary, the parties must
hire new lawyers.
Settlement Conferences. An informal process in
which a judge or an experienced lawyer meets with
the parties and their lawyers to discuss the case and
their positions and suggests a resolution. The parties
can either agree to the suggestions or use the
suggestions to help in further settlement discussions.
Family Court Services. If you and the other parent
already have a family law case and have filed a
Request for Order (form FL-300) seeking orders
about child custody and visitation (parenting time),
the court will refer you to Family Court Services.
They provide child custody mediation or child
custody recommending counseling to try to help you
both make a parenting plan that is in the best interest
of your child. Note: They cannot help with financial
issues.
Court Services
Find information at your local law library or public
library.
Find free and low-cost legal help (if you qualify) at
lawhelpcalifornia.org.
Hire a private mediator. For more information about
court and private services, see courts.ca.gov/selfhelp-adr.
htm.
If there is domestic violence or a protective or restraining
order, talk to a lawyer, counselor, or mediator before
making agreements.
For domestic violence help, call the National Domestic
Violence Hotline: 800-799-7233; TDD: 800-787-3224; or
211 (if available in your area).
Find information on the California Courts Online Self-
Help Center website: courts.ca.gov/selfhelp.
Find a lawyer through a certified lawyer referral service
on the State Bar of California's website:
calbar.ca.gov/LRS or by calling 866-442-2529
(toll-free).