Filing for Divorce, Legal Separation or Annulment of a Marriage or Domestic Partnership

Detailed information on filing for divorce or legal separation or an annulment to end your marriage or domestic partnership (or both), with a step-by-step guide to filling out and filing your papers in court can be found on the California Courts website.

You will need to complete and file one additional local form which is the Family Law Certificate of Assignment (SDSC Form # D-49). This form lets the court know you are filing the case at the proper location, called "venue," based on where you or the other party live. You may file electronically or you may bring the original forms and two copies of all documents to the court for filing. There is a fee to file your Petition with the court. The court accepts cash, check, Visa, Master Card or American Express. Checks should be made payable to "Clerk of the Court."

If you are unable to pay to the filing fee or other court costs, you may qualify for a fee waiver. Both parties must separately complete and submit a Request to Waive Court Fees (Form # FW-001) and, with the top portion completed, an Order on Court Fee Waiver (Superior Court) (Form FW-003). Additional detailed information on requesting a fee waiver can be found under Fees FAQ and on the California Courts website.

If you do not have an attorney, the Family Law Facilitator's office is available to assist you with preparing the paperwork.