Last updated October 2026
Quick answer: In Contra Costa County, you start a divorce by filing a Petition (FL-100), Summons (FL-110), and, when minor children are involved, a UCCJEA Declaration (FL-105) at the Spinetta Family Law Center in Martinez. The first filing fee is $435 unless waived. California law requires at least six months before the divorce is final.
Contra Costa County Divorce: Key Facts
| Court | Superior Court of California, County of Contra Costa |
|---|---|
| Family law courthouse(s) | Spinetta Family Law Center, 751 Pine Street, Martinez, CA 94553 (main line (925) 608-1000) |
| Filing fee (first paper) | $435 |
| Response fee | $435 |
| Joint petition fee | $870 in most counties (one fee covers both spouses) |
| Residency requirement | One spouse: 6 months in California and 3 months in Contra Costa County |
| Earliest date divorce can be final | 6 months after service or appearance (6 months after filing for a joint petition) |
| Response deadline | 30 days after service |
| E-filing (attorneys / self represented) | Mandatory since July 5, 2022 / Optional |
| Custody mediation model | Tiered Family Court Services mediation: Tier I confidential, no recommendation; Tier II report without recommendations; Tier III recommendations |
| Self Help Center / Family Law Facilitator | Family Law Facilitator’s Office: in-person Help Desk in Martinez (Monday to Friday, 8:00 to 11:30 a.m.), Monday Judgment Review Appointments (1:00 to 4:00 p.m.), and LiveChat |
Whether you live in Concord, Walnut Creek, Antioch, Richmond, or San Ramon, a Contra Costa County divorce runs through one building: the Spinetta Family Law Center in Martinez. For the big picture, start with our overview of the steps in a California divorce.
Early choices can shape custody and support for years. Fathers can speak with our California divorce lawyers for men before filing anything.
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Who Can File for Divorce in Contra Costa County?
You can file for divorce in Contra Costa County if you or your spouse has lived in California for the last six months and in Contra Costa County for the last three months (Family Code section 2320).
New to the county? A legal separation has no residency minimum, so you can file that first and amend to a divorce once the three month period passes. See legal separation vs. divorce.
Contra Costa County follows California’s no fault divorce rule. The only grounds are irreconcilable differences or permanent legal incapacity to make decisions (Family Code section 2310).
Where Do I File for Divorce in Contra Costa County?
Contra Costa County hears divorce, custody, support, and domestic violence restraining order cases at the Spinetta Family Law Center, 751 Pine Street, Martinez, CA 94553, whose main phone line is (925) 608-1000. The court’s Spinetta Family Law Center page lists three ways to submit papers:
- In person at the filing windows on weekdays.
- Drop box at 751 Pine Street, with the original, two copies, the fee or a fee waiver request, and a self-addressed stamped envelope.
- Mail to the court at 751 Pine Street, P.O. Box 911, Martinez, CA 94553.
Electronic filing. Family law e-filing became mandatory for attorneys on July 5, 2022. It is optional for self-represented parties. See the court’s Court E-Filing Services page.
Family Law Facilitator. The court’s Family Law Facilitator’s Office helps self-represented parties with forms and procedure. It offers an in-person Help Desk at the Spinetta Family Law Center, Monday to Friday, 8:00 to 11:30 a.m., Judgment Review Appointments on Mondays from 1:00 to 4:00 p.m., and LiveChat. See the court’s Family Law Facilitator page. The facilitator helps both spouses and is neither one’s lawyer.
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How Do I File for Divorce in Contra Costa County? Step by Step
Prepare the Required Forms
Your opening papers are the Petition (FL-100) and the Summons (FL-110). With children under 18, you also need the UCCJEA Declaration (FL-105). A fee waiver request (FW-001) is available. Before you describe your assets, read how California divides community property.
File Your Papers and Pay the Filing Fee
File at the Spinetta Family Law Center windows, through the drop box, by mail, or electronically. The clerk then assigns a case number.
Serve Your Spouse
Your spouse must be personally served with copies of the filed papers and a blank Response (FL-120). Service must be done by an adult 18 or older who is not a party, such as a process server, the sheriff, or a friend. You may not serve your own spouse. After service, file the Proof of Service of Summons (FL-115). The state’s guide to serving divorce papers walks through the options.
Service also activates the automatic restraining orders on the Summons, which bind both spouses (see the served section below).
Wait for a Response
Your spouse has 30 days after service to file a Response (FL-120). If the deadline passes with no Response, you may file a Request to Enter Default (FL-165).
Exchange Financial Disclosures
Each spouse serves a preliminary Declaration of Disclosure (FL-140), a Schedule of Assets and Debts (FL-142) or Property Declaration (FL-160), and an Income and Expense Declaration (FL-150). The petitioner has 60 days from filing the petition; the respondent has 60 days from filing the Response. Only the proof of service (FL-141) is filed with the court.
Resolve Custody, Support, and Property Issues
Temporary orders on custody, support, or use of the home are requested with a Request for Order (FL-300). True emergencies can be raised through ex parte orders.
Parents who disagree on custody or visitation must attend Family Court Services mediation before the hearing, whether the orders sought are temporary or permanent (Family Code section 3170). Contra Costa County uses a tiered model, according to the court’s Family Court Services FAQs. Tier I is a brief, confidential meeting, and no recommendation goes to the court. If the court needs more, it can order Tier II, where the mediator gathers information and writes a summary report without recommendations, or Tier III, generally used in high-conflict cases, where the mediator does make recommendations. Mediation is free for qualifying cases, though missing an appointment can bring a fee or penalty. Both parents must complete a roughly 60 minute online orientation before the Tier I appointment. See our child custody mediation guide. For the financial side, try our property division calculator.
Finalize the Divorce
When all issues are resolved, the court enters a Judgment (FL-180). Supporting forms may include a Declaration for Default or Uncontested Dissolution (FL-170) and a Notice of Entry of Judgment (FL-190). Under Family Code section 2339, the marriage cannot legally end sooner than six months after the respondent was served or first appeared, whichever happened first.
The 2026 Joint Petition Option
Starting January 1, 2026, spouses who expect to agree on all the final terms may file a Joint Petition (FL-700) with a Summons, Joint Petition (FL-710), paying one fee and skipping service. The six month clock starts at filing. Temporary orders are unavailable, and either spouse may revoke it with form FL-720.
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How Much Does It Cost to File for Divorce in Contra Costa County?
Court fees here follow the statewide schedule with no local surcharge. Your total depends on how much of the case is disputed.
| Filing fee (Petition) | $435 |
|---|---|
| Response fee | $435 |
| Joint petition fee | $870 in most counties, covering both spouses |
| Fee waiver (FW-001) | Available if you qualify; each spouse files his or her own request |
| Service of process | Sheriff or registered process server; fees vary |
| Court custody mediation | No separate court charge for qualifying cases (a missed appointment can bring a fee or penalty) |
| Attorney fees | Depend on how contested the case is |
For a fuller breakdown, read how much a divorce costs in California.
How Long Does a Divorce Take in Contra Costa County?
The legal minimum is six months from service or appearance, and agreed cases may finish close to that date. If the court orders Tier II or Tier III mediation or property is disputed, a Contra Costa County divorce can last a year or more. Our California divorce timeline for fathers breaks down each stage.
What If You Were Served With Divorce Papers in Contra Costa County?
You have 30 days from service to file a Response (FL-120) at the Spinetta Family Law Center, in person, by drop box, by mail, or by e-filing, and to pay the $435 first appearance fee or request a fee waiver.
The automatic restraining orders on the Summons now apply to you. You may not remove the children from California without your spouse’s prior written consent or a court order. You may not transfer or hide any property, community or separate, except in the usual course of business or for the necessities of life. You may not change insurance beneficiaries without written consent or a court order.
After 30 days, your spouse can request a default (FL-165), and the case may move forward on her terms. Do not move out of the house or sign a proposed settlement until you understand what it means for your time with your children. Our article on whether to move out of your home during a divorce explains the risks.
Once your Response is filed, serve your preliminary disclosures within 60 days. If there is no parenting schedule yet, a Request for Order (FL-300) asks the court for one and will usually start the Family Court Services process. If a domestic violence temporary restraining order was served with the divorce papers, read what to do if you are served with a TRO right away.
What Mistakes Do Men Make When Filing for Divorce in Contra Costa County?
- Skipping the online orientation. Missing the orientation can delay your custody case.
- Assuming mediation stays off the record. Tier I is confidential, but a Tier II report goes to the judge, and in Tier III the mediator recommends a parenting plan.
- Sending an incomplete drop box packet. Missing copies, fees, or the stamped envelope can mean papers come back unfiled.
- Moving out before a parenting plan is in place. Our article on the biggest mistake fathers make during divorce explains why timing matters.
- Waiting to gather records. Pull tax returns and pay stubs early. See how to prepare for divorce.
Do You Need a Lawyer to File for Divorce in Contra Costa County?
No law requires one, and the Family Law Facilitator can help with forms. The facilitator cannot tell you how to approach a Tier III mediation or present your case at a hearing. Our comparison of DIY divorce and hiring a fathers’ rights lawyer can help you decide.
Frequently Asked Questions
Where do I file for divorce in Contra Costa County?
File at the Spinetta Family Law Center, 751 Pine Street, Martinez, CA 94553, which handles family law cases for the whole county. You can file at the windows, use the on-site drop box, mail your papers to P.O. Box 911, or e-file.
Can I file for divorce online in Contra Costa County?
Yes. Self-represented parties may e-file family law documents in Contra Costa County, but it is optional. Attorneys have been required to e-file family law documents since July 5, 2022. Paper filing remains available in person, by drop box, or by mail.
Does Contra Costa County custody mediation include recommendations?
Only at Tier III. In Tier I, the mediator makes no recommendation to the court. In Tier II, the mediator gathers information and gives the court a summary report without recommendations. Tier III, generally used for high-conflict cases, is where the mediator recommends custody and visitation orders to the judge.
Is Contra Costa County custody mediation confidential?
Tier I mediation is confidential. The court states that what parents say there is not shared with the judge unless the law requires it or they submit an agreement. Tier II and Tier III communications are not confidential as to the court, though reports are kept in the confidential part of the case file.
Can I file in Contra Costa County if my spouse lives in another county?
Yes, as long as you meet the residency rule yourself. You need three months in Contra Costa County and six months in California before filing. Your spouse can live in Alameda, Solano, or anywhere else and still be served with your Martinez filing by an adult who is not a party.
Can I get temporary custody orders while the divorce is pending in Contra Costa County?
Yes. A Request for Order (FL-300) asks the court for a temporary custody and visitation schedule. If you and the other parent disagree, you will be sent to Family Court Services mediation, starting with the online orientation and a Tier I session. Temporary orders cannot be requested in a joint petition case.
How do I respond to divorce papers in Contra Costa County?
File a Response (FL-120) at the Spinetta Family Law Center within 30 days of service and have an adult who is not a party serve a copy on your spouse. If you have children under 18, include a UCCJEA Declaration (FL-105).
Do I need to move out of the house before filing?
No. Neither spouse is required to move out to file for divorce in California. Leaving can affect how much time you spend with your children while the case is pending, so many fathers ask for a temporary parenting order before changing where they live.
Nearby County Divorce Guides
- How to File for Divorce in Alameda County
- How to File for Divorce in San Francisco County
- How to File for Divorce in San Mateo County
- Steps in a California divorce
Talk to a Contra Costa County Divorce Lawyer for Men
Reel Fathers Rights is a premier California family law firm handling Divorce, Child Custody, Domestic Violence Restraining Orders, and Child Support. Our practice focuses on representing men and fathers in California Family Courts. Through our Northern California expansion, our Northern California team assists fathers with divorce, custody, and child support matters. To learn more about the steps in a California divorce and where your case stands, request a free case evaluation.
Call or text 951-339-3826 or complete a Case Evaluation form
Call or text 951-339-3826 or complete a Case Evaluation form
