Last updated October 2026
Quick answer: To file for divorce in San Mateo County, file a Petition (FL-100) and Summons (FL-110), plus a UCCJEA Declaration (FL-105) if you have minor children, with the Family Law Clerk’s Office at 400 County Center in Redwood City. The first filing fee is $435 unless waived, and the divorce cannot become final for at least six months.
San Mateo County Divorce: Key Facts
| Court | Superior Court of California, County of San Mateo |
|---|---|
| Family law courthouse | Family Law Clerk’s Office, 400 County Center, 1st Floor, Redwood City, CA 94063; (650) 261-5100 |
| Filing fee (first paper) | $435 |
| Response fee | $435 |
| Joint petition fee | $870 in most counties (covers both spouses) |
| Residency requirement | One spouse: 6 months in California and 3 months in San Mateo County |
| Earliest date divorce can be final | 6 months after service or appearance |
| Response deadline | 30 days after service |
| E-filing (attorneys / self represented) | Mandatory for attorneys / optional for self represented |
| Custody mediation model | Child Custody Recommending Counseling (counselor makes recommendations if no agreement) |
| Self Help Center / Family Law Facilitator | 400 County Center, 6th Floor, Redwood City |
Filing for divorce in San Mateo County follows statewide rules, but local details, like where you file and how the court handles a custody disagreement, shape your first few months. For the broader picture, see our overview of the steps in a California divorce.
All family law filings in the county go through one courthouse. For help, our California divorce lawyers for men and our Northern California team at our San Jose divorce practice can review your situation.
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Who Can File for Divorce in San Mateo County?
California has a two part residency rule. Before you file for divorce, either you or your spouse must have lived in California for at least six months and in San Mateo County for at least three months (Family Code section 2320). Only one spouse needs to meet the requirement.
If you recently moved to the Peninsula, you can file for legal separation, which has no residency minimum, and amend to divorce once you qualify. Our article on legal separation vs. divorce explains the trade offs.
California is a no fault divorce state. You only need to state irreconcilable differences (or, rarely, permanent legal incapacity to make decisions) under Family Code section 2310. Your spouse cannot stop the divorce by refusing to agree.
Where Do I File for Divorce in San Mateo County?
The Superior Court of California, County of San Mateo, handles all family law matters at its main courthouse in Redwood City:
- Family Law Clerk’s Office: 400 County Center, 1st Floor, Redwood City, CA 94063. Phone (650) 261-5100, weekdays 8:30 a.m. to 1:00 p.m. In person counter service is by appointment only, scheduled through the court’s website.
- Family Court Services: 400 County Center, 2nd Floor, Redwood City. Phone (650) 261-5080. This office runs custody counseling.
- Self-Help Center / Family Law Facilitator: 400 County Center, 6th Floor, Redwood City. Staff provide free form help; the court asks visitors to try LiveChat first. The facilitator cannot give legal advice or help people who already have an attorney.
E-filing in San Mateo County: The court has required attorneys to electronically file in family law cases since January 21, 2020. Self-represented filers may file at the counter or e-file through a certified provider. See the court’s Self-Help Center page for current hours.
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How Do I File for Divorce in San Mateo County? Step by Step
Prepare the Required Forms
Every divorce starts with the Petition, Marriage/Domestic Partnership (FL-100) and the Summons (FL-110). If you and your spouse have children under 18, add the Declaration Under UCCJEA (FL-105). A Request to Waive Court Fees (FW-001) is available. Our guide on how to prepare for divorce covers documents to gather.
File Your Papers and Pay the Filing Fee
File electronically or book a counter appointment at the Family Law Clerk’s Office. The first paper fee is the statewide $435.
Serve Your Spouse
Any adult 18 or older who is not a party, such as a process server or friend, must serve your spouse with the filed papers and a blank Response. You cannot serve them yourself. The server completes a Proof of Service (FL-115), which you file. See the state’s guide to serving papers.
Once served, the automatic restraining orders on the Summons bind both of you. Neither spouse may remove the minor children from California without the other parent’s prior written consent or a court order. Neither may transfer or hide any property, community or separate, except in the usual course of business or for the necessities of life. Neither may change insurance beneficiaries.
Wait for a Response
Your spouse has 30 days after service to file a Response (FL-120) and pay the same $435 first appearance fee, unless waived. If none is filed, you may request a default (FL-165).
Exchange Financial Disclosures
Within 60 days of filing the Petition, you must serve your spouse with 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). Your spouse has the same duty after responding. These go to your spouse, not the court; you file only the proof of service (FL-141). In a community property state, accurate disclosures protect your share.
Resolve Custody, Support, and Property Issues
Temporary orders on custody, support, or the home are requested with a Request for Order (FL-300). Emergencies are handled through ex parte orders.
When parents disagree on custody or parenting time, California requires court mediation before a judge decides (Family Code section 3170). In San Mateo County, Family Court Services calls this process Child Custody Recommending Counseling, and each parent must complete an online Parent Orientation Class before the first appointment. If parents do not agree, the counselor must write a report and make recommendations to the judge. Read our article on Child Custody Recommending Counseling (CCRC) and visit our child custody lawyer for fathers page. For support estimates, try our child support calculator.
Finalize the Divorce
Once every issue is resolved, you submit a Judgment (FL-180) with supporting forms such as FL-170 and FL-190. The court can sign the judgment earlier, but your marital status cannot end until at least six months after your spouse was served or appeared in the case, whichever came first (Family Code section 2339).
The 2026 Joint Petition Option
Starting January 1, 2026, spouses who expect to agree on all the final terms can file a single Joint Petition (FL-700) with a Summons, Joint Petition (FL-710). One fee, $870 in most counties, covers both spouses, there is no service step, and the six month period runs from filing. Temporary orders are unavailable, and either spouse can revoke with FL-720, turning it into a regular case. Details are on the state’s joint petition page.
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How Much Does It Cost to File for Divorce in San Mateo County?
Court fees here follow the statewide schedule, with no local surcharge.
| Filing fee (Petition) | $435 |
|---|---|
| Response fee | $435 |
| Joint petition fee | $870 in most counties; one fee covers both spouses |
| Fee waiver (FW-001) | Available if you qualify |
| Service of process | Sheriff or registered process server; varies |
| Court custody counseling | No separate court charge; the court states Family Court Services are free |
| 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 San Mateo County?
The legal minimum is six months and one day. An uncontested divorce can finish near that point. A contested case involving custody, stock compensation, or real estate often takes a year or more. Our divorce timeline guide for fathers breaks down each stage.
What If You Were Served With Divorce Papers in San Mateo County?
If your wife filed first, you have 30 days to file a Response (FL-120) with the Family Law Clerk’s Office in Redwood City and pay the $435 first appearance fee, unless you qualify for a waiver. If you let that deadline pass, she can ask the court to enter your default (FL-165), and the case can proceed without your input.
The automatic restraining orders printed on the Summons already bind you. Do not take the children out of California without her prior written consent or a court order. Do not transfer any property, community or separate, except in the usual course of business or for the necessities of life. Do not change beneficiaries.
Do not move out of the family home before you understand how that choice can affect custody; see should you move out during a divorce. Do not sign a settlement or parenting agreement her attorney sends until a lawyer has reviewed it. If you were also handed a domestic violence temporary restraining order, read what to do if you are served with a TRO, because that hearing comes quickly.
Within 60 days of filing your Response, serve your own preliminary disclosures. If you want a set parenting schedule while the case is pending, you can file a Request for Order (FL-300), which leads to Child Custody Recommending Counseling.
What Mistakes Do Men Make When Filing for Divorce in San Mateo County?
- Treating equity compensation as an afterthought: RSUs and options are common on the Peninsula and must be disclosed.
- Walking into custody counseling unprepared: The counselor can make a recommendation to the judge, so a vague parenting plan can hurt you early.
- Showing up at the clerk’s counter without an appointment: In person filing in Redwood City is by appointment, so book ahead or e-file.
- Ignoring the restraining orders on the Summons: Transferring any property, community or separate, outside the usual course of business or the necessities of life, or changing beneficiaries after service, can violate court orders.
- Posting about the case online: Posts can become evidence. Read how social media can hurt your divorce case.
Do You Need a Lawyer to File for Divorce in San Mateo County?
California does not require a lawyer, and the Self-Help Center can help with forms, but staff cannot give legal advice. If your case involves contested custody, significant assets, or spousal support, counsel can protect your interests. See DIY divorce vs. hiring a fathers’ rights lawyer.
Frequently Asked Questions
Where do I file for divorce in San Mateo County?
You file at the Family Law Clerk’s Office on the 1st floor of 400 County Center in Redwood City, which serves the entire county, from Daly City to East Palo Alto. Self-represented filers may e-file or book a counter appointment; attorneys must e-file.
Can I file for divorce online in San Mateo County?
Yes. San Mateo County Superior Court accepts family law e-filing through certified electronic filing service providers, and attorneys must e-file. If you represent yourself, e-filing is optional, and you may file paper forms at the counter in Redwood City by appointment.
How long do I have to live in San Mateo County before filing?
You or your spouse must have lived in San Mateo County for at least three months and in California for at least six months before filing for divorce. Only one spouse must qualify. If neither does yet, you can file for legal separation and amend to divorce later.
What if my spouse already filed for divorce in San Mateo County?
You do not file a second Petition. Instead, you respond to her case by filing a Response (FL-120) within 30 days of being served. Your Response states your own requests on custody, support, and property, and it prevents a default.
Can I file in San Mateo County if my spouse lives in another county?
Yes, as long as you meet the residency rule. If you have lived in San Mateo County for three months and in California for six, you can file in Redwood City even if your wife has moved to San Francisco or Santa Clara County. Only one spouse needs to qualify.
Do I need to move out of the house before filing?
No. California does not require either spouse to move out before or during a divorce. Leaving early can make it harder to show you have been a hands on parent, so many fathers stay until a temporary parenting schedule is in place.
Can I get temporary custody orders while the divorce is pending in San Mateo County?
Yes. You file a Request for Order (FL-300) asking for a temporary custody and visitation schedule. Before the hearing, both parents complete the online orientation and attend Child Custody Recommending Counseling with Family Court Services. A judge then issues orders that last until the final judgment.
Is San Mateo County custody counseling confidential?
Yes, with limits. The court states that Child Custody Recommending Counseling is confidential, but if parents do not agree, the counselor must write a report with recommendations for the judge. Both parents and their lawyers receive copies, and the report stays in the confidential part of the court file.
Nearby County Divorce Guides
- How to File for Divorce in San Francisco County
- How to File for Divorce in Santa Clara County
- How to File for Divorce in Santa Cruz County
- How to File for Divorce in Alameda County
- Steps in a California divorce
Talk to a San Mateo 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. Our Northern California team works from our Santa Clara office and can help you prepare your petition, get ready for custody counseling, and protect your parenting time. Learn about our Northern California expansion or the steps in a California divorce.
Call or text 951-339-3826 or complete a Case Evaluation form
Call or text 951-339-3826 or complete a Case Evaluation form
