California Divorce Forms and Papers | PDF | Word

Divorce Packet

Individual Forms

In California, the process of divorce takes a minimum of 6 months to complete. One or both of the parties must have been California resident for at least six months.

Divorce in California Without a Lawyer

• See Which County You Must File
• Grounds for Divorce (2310-2313)
  • (a) Irreconcilable differences, which have caused the irremediable breakdown of the marriage.
  • (b) Incurable insanity.
• California Divorce Laws – Division 6 – Nullity, Dissolution, and Legal Separation

Step 1

The spouse who will actually file for the divorce must first fill out the relevant forms from a packet, which, in California, is called the Divorce Papers. The first, which is only necessary if minor children are involved, is the Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act. The second two, mandatory for all, are the Petition For Dissolution of Marriage and the Summons (FL-110). The signed forms are then filed with your county’s California Circuit Court Clerk’s Office. The fee generally is $395, but it may vary from county to county. At this point the clerk returns the FL-110 to you.

Step 2

You must now send a completed Proof of Service of Summons, which was included in the package, along with the FL-110 via certified mail to your spouse. When the return receipt comes back to you, you present it, and the returned FL-110, to the clerk.

Step 3

After your spouse has responded by returning the FL-110 and the Proof of Service of Summons, then together you fill out the Appearance, Stipulations, and Waivers Form and return it to the clerk’s office. If, after 30 days your spouse hasn’t responded, then you must resort to the Appearance, Stipulations, and Waivers Form, also to be filed with the clerk.

Step 4

Next, you and your spouse must separately fill out the following forms and exchange them with each other, not the clerk. These are the Declaration of Disclosure, Income and Expense Declaration, Schedule of Assets and Debts. These forms are included in a second packet that is available to you in California. This is the start of the process whereby you negotiate the financial portion of your divorce.

Both parties must also complete and submit to the clerk the Declaration Regarding Declaration of Disclosure. It is important that you both indicate that you do not want the requirement of final declaration of disclosure. This is an important step to ensure that the divorce stays uncontested.

Step 5

At this point, there are a few more forms to fill, most concerning minor children, which, if there are none, you can skip. You must make 2 copies of those that are relevant, and, again, file them with the clerk. You must make 4 copies of the Judgment, and at the end of the process, the judge will sign it.

Once this is done, you will be notified of the date for your Court Hearing. If all goes well, you receive a signed copy of The Judgment and a Notice of Entry of Judgment. That completes the process of divorce in California.

Individual Forms

Appearance, Stipulations, and Waivers Child Support Registry Declaration Under Uniform Child Custody Declaration Regarding Service of Declaration of Disclosure and Income and Expense Declaration Declaration of Default Declaration of Disclosure Declaration Regarding Service Divorce Judgment Divorce Petition (for Dissolution of Marriage) Divorce Summons Proof of Service (By Mail) Income and Expense Declaration (FL-150) Marital Settlement Agreement Notice and Acknowledgment of Receipt Notice of Entry of Judgment Notice of Rights and Responsibilities Notice to Withhold Income for Child Support Proof of Service of Summons Property Declaration Continuation of Property Declaration Request to Enter Default Response Schedule of Assets and Debts

 

Sources

• http://www.courts.ca.gov/8218.htm