Are Divorce Records Public in California? Check CA Divorces Free

There are many reasons why someone might ask “Are divorce records public in California?,” and persons in the state of California who are considering divorce, currently undergoing divorce, or have previously been through a divorce may have an array of unanswered questions.

Fortunately, these questions can be answered quickly by using a state-based records search tool. These programs scour public records in California to find out if a divorce is public, and anyone can check them for free.

In addition, there aere manual steps that can be taken to find divorce records, and this complete guide explains which records are public in CA and the California divorce process in detail, and also offers a look at recent divorce statistics across California counties and cities.

So, are divorce records public in California? Yes, if you know how and where to look for them.

What To Know About Divorce Records California (Are California Divorce Records Public?)

Anyone who has wondered “Are divorce records public in California?” could be actively seeking divorce records or looking for general information about divorce records. Divorce records contain complete documentation of divorce proceedings and are stored with the county court. Divorce (also known as dissolution of marriage) records are not the same thing as a divorce certificate or a divorce decree.²⁰

A divorce record is the most comprehensive of the three and contains both the divorce certificate and decree within the collection of documents. It also provides the date of the marriage, the reason for divorce, the date the divorce decree was issued, and identifying information about the individuals involved.²⁰ The divorce records include copies of each and every form and document which was filed during the course of the case.¹⁹

What Is a Divorce Certificate?

A divorce certificate is an official document which verifies that two individuals are divorced or marriage has been dissolved. The certificate is typically a one-page document which includes the names of the parties, the state and county of divorce, and the date on which the divorce was finalized.¹⁹

This document provides proof of divorce, and it is often kept and issued by the vital records department in the county where the divorce occurred. It is not a court record.¹⁷ However, it can be useful when applying for a name change or a new marriage license.¹⁵

What Is a Divorce Decree in CA?

A divorce decree is a much more expansive document than a certificate. The decree is the judge’s official judgment finalizing the divorce, and it is maintained by the court as an official court record.²⁰ It states in clear terms that the marriage has been terminated and lays out the responsibilities and financial obligations of each individual. A divorce decree includes all of the identifying information about the parties involved as well as the date and place the divorce was finalized.¹⁹ It may also include settlement information, information about children, child support, conservatorship, spousal support, and property division, among others.¹⁷

A divorce decree provides useful guidelines for individuals after divorce and outlines any actions that must be taken by either individual within a specified time frame. As such, it is a useful tool to ensure that lingering issues are resolved within a reasonable period.¹⁵

What Does a Divorce Decree Look Like? (California Divorce Decree Sample)

A divorce decree is a much lengthier document than the certificate. It is typically between 3 and 8 pages but may be significantly longer in complex cases. It consists of many sections or parts which are completed by the judge and the parties involved.¹⁷

The divorce decree includes the court case number and the address of the relevant court, as well as the full name of both individuals.¹⁹ It further includes the signature of the judge and both former spouses.¹⁵

Divorce decrees can look a bit different in each state, and in the state of California, Form FL-180 is the official divorce decree document.³⁵ The presiding judge will issue Form FL-180 as a final judgment to terminate the marriage.³⁵

What To Do When Filing for Divorce in California

When filing for divorce in California, there are several things to take into consideration.

Firstly, a petitioner should ensure that residency requirements are met: One spouse must have been residing in California for the most recent 6-month period and in the county of filing for the last three months.²³

Secondly, the initiator should ask the spouse for a divorce and discuss the situation in a respectful manner. Spouses who are caught off guard by divorce papers are less likely to be cooperative in divorce proceedings.

Thirdly, the initiator must complete all of the necessary forms for the county in question and file them with the county clerk. Payment of the filing fee ($435 – $450) is due at this time. The individual may wish to consult an attorney or mediator if it appears the divorce proceedings may be complicated or problematic.^3,14,10

California Divorce Process Timeline in Detail

In recent years, individuals are waiting longer to get married, and more people are requesting premarital background checks, or marriage background checks in hopes of avoiding the undesirable outcome of divorce. This is because the divorce process is often long and involved, complicated by a seemingly endless number of factors.

Furthermore, every state has its own approach to processing divorce petitions, and the money is in the details, so to speak. California Courts Self-Help Center provides excellent and specific information for individuals on this path (see Form FL–107-INFO). Read on for a summary of the main points in California’s divorce process.^24,25

Step 1: The individual petitioning for divorce completes the necessary forms (Petition: Form FL-100 and Summons: Form FL-110) and files them with the county court clerk.¹⁰ A fee of $435 to $450 must be paid at this time. The clerk stamps and returns copies of the forms.

Step 2: An adult representative serves the divorce papers (forms from Step 1) and a response form (Form FL-120) to the respondent.²⁶ The adult representative then files a proof-of-service form (Form FL-115) with the court.²⁷ There is a waiting period of 30 days for a response.

Step 3: Within 60 days of filing the initial petition, the petitioner must complete the financial disclosure forms (Form FL-140, Form FL-150, Form FL-142, and Form FL-160) and have them served to the respondent.^{28, 29, 30, 31} The respondent must complete and serve the same documents within 60 days of filing a response. Each party must file a Form FL-141 with the county court when the documents have been served.³²

Step 4: The manner in which a divorce is processed depends upon the response of the spouse. There are four scenarios.

• True Default Case: The spouse does not submit a response (Form FL-120) within 30 days, and no written agreement has been arrived at.²⁶ The petitioner must complete a request to enter default (Form FL-165),³³ a declaration of default or uncontested dissolution (Form FL-170),³⁴ and a judgment (Form FL-180) to proceed.^5,35

• Default Case With Written Agreement: The spouse does not submit a response, but a written agreement has been arrived at. The petitioner must complete all of the forms from Case 1 and attach the signed and notarized agreement to all other forms.⁶

• Uncontested Case: The spouse submits a response and a written agreement. Either individual proceeds to file Form FL-130 (stipulations and waivers),³⁶ the declaration for default or uncontested dissolution, and the judgment form along with the written agreement.⁷
• Contested Case: The spouse submits a response but no written agreement. This is a contested case where individuals must go to trial to negotiate divorce particulars.¹¹

In California, a divorce cannot be finalized until 6 months have elapsed since the initial summons was served. The length of time the process takes depends upon how the respondent responds to the summons and petition. A contested case which goes to trial is likely to take much longer than a written agreement.^3,8

Note that the forms and steps outlined above apply to basic marital situations. Additional forms are required when there are children or extensive property to consider.

How Much Is a Divorce in California?

There is an incredibly wide range of divorce costs, and the ultimate cost is determined by so many different factors. The cost of a divorce can range from around $500 to tens and hundreds of thousands of dollars. The national average for divorce proceedings sits at approximately $15,000, while California tips the scale with an average of $17,500.^2,16

These are some fairly intimidating numbers, so take a further look at how a cost breakdown may look.²

• $435 – Current, standard filing fee for divorce papers
• $100 – $950/hr – Mediation fees
• $250 – $950/hr – Attorney fees
• $2,500 – $25,000 – Attorney retainer

Some of the biggest determinants of divorce costs in California include:²

• Whether divorce is contested (When court intervention is required, associated cost rises accordingly.)
• County and city of residence (higher cost of living = higher attorney and mediation fees)
• Whether there are children from the marriage (Marriages with children are more likely to go to court.)
• Divorce method: Litigation, Collaboration, Mediation, or DIY (listed most to least expensive)

What Is the Divorce Rate in California?

With the costs of divorce proceedings soaring ever higher, it seems like most couples would want to avoid this eventuality whenever possible. So what is the rate of divorce in California?

Historically, California has displayed one of the higher divorce rates in the country, but in recent years, the state appears to be trending in a different direction.¹⁹ In 2021, California’s divorce rate was reported as 9.30%, one of the lowest in the nation.¹ The United States Census Bureau’s 2020 data found an almost identical rate of 9.20%.³⁷

Current Divorce Statistics in California

The divorce rate in California varies greatly from county to county, ranging from 6.8% to 17.2%. Consult the table below for a further breakdown of divorce rate by California county, with additional estimates for some counties which include legally separated couples as well.

* Estimates from 2020 census data.

The following table looks at the divorce rate for the ten most populous cities in the state of California.

* Estimates from 2020 census data.

Advice on How To Ask for a Divorce

Asking for a divorce is never an easy conversation to initiate or conduct. There is no simple method to get through this process, but there are certain steps which can be taken to make it as calm and painless as possible.

When approaching the topic of divorce, understand that when and where the conversation takes place is nearly as important as how the conversation is managed.^12,18

The “When” of Asking for Divorce

• Initiate the conversation when external stressors are at a minimum.
• Wait to talk about divorce until emotions are settled and under control.
• Choose a time when children are not around.

It is never a “good time” to ask for a divorce, but choosing a time when stress levels are normal, children are elsewhere, and emotions are not bubbling over helps minimize the tension of the conversation.

The “Where” of Asking for Divorce

• Choose a private place where the spouse can retain dignity and express emotions.
• Avoid places which are noisy or full of distractions (e.g. restaurants).
• If safety is a concern, plan to have the conversation in a public place where privacy is also attainable (e.g. park).

The “Where” may seem less important, but in some situations, it is a crucial consideration. Choose a place that is private, but safe.

The “How” of Asking for Divorce

• Approach the conversation from a non-emotional place.
• Avoid placing all the blame on the spouse.
• Be firm about desire and intention to divorce.
• Listen to the spouse’s perspective and be empathetic.
• Be patient and allow time for the spouse to process the information.
• Avoid going into detail about what happens next; save that for a later conversation.

The “How” of the divorce conversation is ultimately the most crucial aspect, as this allows the initiator to set the stage for the way divorce proceedings will go. Approaching a spouse calmly, with respect and empathy, allows them to retain their dignity and process the complicated emotions they are likely to experience. Patience and listening are key at this point to avoid fueling angry feelings which can complicate the case down the road.^12,18

Are Divorce Records in California Public? (Are Divorce Records Public In California?)

Now, down to the question of “Are divorce records public in California?” Divorce records are court records under the umbrella of civil law. These are generally considered public records unless they have been sealed upon request. This holds true for California as well, and therefore, divorce records are publicly accessible in the state of California.

Note that accessible is not synonymous with easily accessible, and some divorce records are more difficult to track down than others. Individuals may elect to use a third-party service to find and retrieve desired records, or they may prefer to track down the information themselves.¹⁹ If the latter is the case, there are several valuable resources at their disposal. Read on for additional information on finding divorce records in the state of California.

How To Find Divorce Records in California

Whether it’s a query as simple as “How to find my divorce date online for free?” or an official copy of a divorce decree that is desired, knowing how to find divorce records in California is essential.

The California Department of Public Health retains divorce certificates from the years 1962 through mid-1984.³⁸ Individuals who were divorced during this time can find their divorce date or order an official copy of their certificate through the CDPH.¹⁹

To obtain a copy of the divorce decree or divorce record in its entirety, individuals should look to the Superior Court in the county where the divorce occurred. In California, each of the 58 counties has its own trial court and the individual courts retain the divorce records for their counties.¹⁹

The California Courts website provides excellent guidance for accessing electronic records and finding the relevant county court.³⁹ Many county Superior Courts offer online searches for court records while others require mail-in forms or even in-person visits to the relevant courthouse.

For example, the Superior Court of Alameda County offers a public portal search for court case records. In contrast, the Superior Court of Sierra County instructs interested parties to fill out a physical request form and mail or submit it in person.⁴⁰

(See “Free Background Check California” for additional information on accessing California public records.)

Use the following table to access the websites for the Superior Court in each county of California.

* Contact the Superior Court for divorce record information.

California Counties Records Search

Once the question of “Are divorce records public in California?” has been addressed, interested parties may find themselves curious about what other public records are available to them. Individuals can find additional public record information and resources listed by county in the following tables.

California Cities Records Search

Many California residents live in one of the following major cities: Los Angeles, San Diego, San Jose, San Francisco, Fresno, Sacramento, Long Beach, Oakland, Bakersfield, and Anaheim. The following tables direct readers to the relevant county resources for each of these major cities.

Can You Learn How To File for Divorce in California by Yourself?

Many people are intimidated by the prospect of divorce and find themselves looking to professionals to help guide them through the process. The value of professional help in complicated divorce proceedings cannot be overstated, but in some cases a simple Do-It-Yourself divorce filing may suit just as well. A DIY divorce filing may be the right choice if:

• Both parties are in agreement and the divorce is uncontested
• There are no children from the marriage
• Marital property or debt is not too extensive
• Relations between the two parties are amicable

To initiate a DIY divorce filing:¹⁴

1. Complete the necessary forms: the petition (Form FL-100) and the summons (Form FL-110), as well as the child custody declaration (Form FL-105) when there are children from the marriage.¹⁰
2. Print and make copies of the forms.
3. File the forms with the relevant county court clerk.
4. Pay the filing fee (approximately $435 – $450) or complete a fee waiver.⁴

How To File for Legal Separation in California

Legal separation is a bit of a gray area between marriage and divorce for couples who are either ineligible for divorce or do not wish to be divorced. A couple who is legally separated is still technically married but the court determines how property, custody, and finances are divided and regulated.¹³

The process of filing for legal separation is very similar to divorce filing. The same forms are used (see FL-107-INFO for a breakdown of forms and steps) to file each petition but the filer must indicate whether the petition is for divorce or legal separation. One spouse must be currently residing in California to petition for legal separation, and legal separation does not require the 6-month waiting period mandated for divorce. Legal separations can typically be changed to divorce further down the road if desired.⁹,²³

Any person who has been through a divorce knows just how stressful and costly the proceedings can be, and any person who is considering the possibility of divorce needs to be as informed as possible to navigate the process.

Review this article for answers to many common divorce questions, such as, “are divorce records public in California?” and learn how to find California divorce records for free today!

Frequently Asked Questions About Are Divorce Records Public in California?