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Divorce

Where To File For Divorce In San Jose (Santa Clara County Guide)

If you’re starting a divorce in San Jose, the first step is understanding where to file, what you need, how much it costs, and how long it can take. Santa Clara County centralizes family cases at the Family Justice Center Courthouse in downtown San Jose, and you can file either in person or online (e-filing is required for attorneys and optional for self-represented individuals).

Filing Location (Santa Clara County)

Most divorce (“dissolution”) cases for San Jose are handled at the Family Justice Center Courthouse (FJCC) in downtown San Jose: 201 N. First Street San Jose, CA 95113. If you’re unsure whether you qualify to file here, see the residency table below.

Residency & Venue Requirements


Use this quick table to confirm you meet California’s basic residency timing before filing for divorce. If you don’t yet qualify, you can typically file a legal separation now and amend to a divorce once the timing requirement is met.

Requirement Minimum Time Lived
In the State of California 6 months
In Santa Clara County 3 months

Forms To Start Your Case


These are the standard statewide forms most people need to open a divorce case. If you have children under 18, include the UCCJEA form so the court has jurisdiction information.

Form Purpose Notes
FL-100 – Petition Opens your divorce case Attach required local forms, if any
FL-110 – Summons Notifies your spouse Triggers service and deadlines
FL-105 – UCCJEA (if kids) Children’s residence history for custody jurisdiction Include for any minor children

How To File


You can file in person at the Family Justice Center Courthouse or online using the court’s e-filing system. After filing, you must serve your spouse and complete financial disclosures. Many families also use court-connected mediation for parenting plans. For a closer look at how our San Jose team approaches strategy and client care, see our interview feature: Leading with Heart in San Jose: Family Law

Court Filing Fees & Waivers


Below are common filing fees for opening a divorce case and the first response. If cost is an issue, ask the clerk or Self-Help Center about fee waivers.

Filing Type Amount Notes
Petition (divorce / legal separation) $435 Initial case filing fee
First Response/Appearance $435 When the other party responds
Domestic Violence Restraining Order No fee Fee-exempt by law

Timeline: Minimum Waiting Period


California has a mandatory minimum six-month waiting period before a divorce can be finalized. The six-month clock begins when your spouse is served or files a response, whichever happens first. Many cases take longer depending on settlement, disclosures, and the court’s calendar.

Helpful Tips

  • If you don’t yet meet residency timing, consider filing a legal separation now and amending to divorce later.

  • If you and your spouse meet the criteria for a summary dissolution, the process can be simpler—but it still has the six-month minimum.

Convenient San Jose Office


Whether you’re still exploring your options or you’re ready to file, our San Jose team is here to listen and guide you step by step. We’ll help you get the paperwork right, understand timelines, and build a plan that fits your family’s needs.

Visit Our San Jose Office

Modern Family Law – San Jose serves clients across Santa Clara County with compassionate, practical guidance. We offer phone and virtual consultations for your convenience.

See office details, directions, and attorney profiles

By: MFL Team

Posted October 20, 2025


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