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California
Divorce Forms
All the forms required
The legal paperwork required for a California divorce varies depending on the type of procedure. For an uncontested divorce, the basic forms typically include:
Form FL-100: Petition — Marriage/Domestic Partnership
Form FL-110: Summons (Family Law)
Form FL-105: Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (if minor children are involved)
FL-311: Child Custody and Visitation (Parenting Time) Application Attachment (if minor children are involved)
Form FL-115: Proof of Service of Summons
Form FL-140: Declaration of Disclosure
Form FL-150: Income and Expense Declaration
Form FL-142: Schedule of Assets and Debts / Form FL-160: Property Declaration
Form FL-141: Declaration Regarding Service
Form FL-180: Judgment
Form FL-120: Response — Marriage/Domestic Partnership (for the responding spouse)
Form FL-130: Appearance, Stipulations, and Waivers
Form FL-170: Declaration for Default or Uncontested Dissolution or Legal Separation
Form FL-190: Notice of Entry of Judgment
Additionally, couples filing for an uncontested divorce must prepare a Marital Settlement Agreement. Depending on specific circumstances or county requirements, spouses may need to complete additional forms.
Steps to consider
Filing Requirements
Residency Requirements
Compliance with residency requirements is critical in a divorce case. Without it, California courts won't have jurisdiction to hear the case. To be eligible for marriage dissolution in California, one spouse must have resided in the state for six months and in the county where the spouses plan to file for three months before submitting documents to the court. Spouses can initiate their case in any county where one of them meets the residency requirements.
Grounds for Divorce
As a no-fault state, California allows spouses to avoid the disclosure of marital misconduct. Instead, partners can state that their union is irremediably broken because of irreconcilable differences. Another ground for a no-fault divorce in California is permanent legal incapacity. However, the filing spouse must prove (including competent psychiatric and medical evidence) that the second spouse lacks the legal capacity to make decisions.
Initial Filing
California Superior Courts and their branches in the respective counties review divorce cases. To initiate a divorce, spouses must file their Petition and Summons with the local court in the county where one of them fulfills residency requirements. They can do it in person, by mail, or via the e-filing system if it is available in their county. Spouses with minor kids need to provide Declaration Under UCCJE Act. The petitioner must also make 2 copies of the documents.
Filing Fees
The court filing fee is a mandatory payment for filing a case. In California, it ranges from $435 to $450. Each petitioner must pay unless they qualify for a waiver. The petitioner qualifies if they receive public benefits; their income, before taxes, is below a set amount; or they can't meet their basic needs and cover the court filing fees. The filing spouse must prepare and file two documents: Request to Waive Court Fees and Order on Court Fee Waiver.
Serving the Respondent
In California, the filing spouse can't deliver copies of documents to the respondent. They need to find a person over 18 and not a party to the case. It can be someone they know, a county sheriff, or a professional process server. However, the latter two will charge a fee. The petitioner must file the FL-115 form with the court as the acknowledgment of service. The other spouse will have 30 days to respond.
Waiting Period
California has a mandatory waiting period of 6 months. The divorce can't be finalized until this period ends. The waiting period starts when copies of the Summons and Petition are served to the respondent or on the date of the respondent's appearance, whichever happens first. The local waiting period is longer than in many other states because California courts want to ensure that both spouses are truly committed to dissolving their marriage.
Finalizing a Divorce Case
Spouses in California have several options to finalize their case. If the respondent doesn't answer the petition, the judge can grant a divorce by default. If they do and dispute it, the case becomes contested and goes to trial. However, spouses often opt for an uncontested divorce with a Marital Settlement Agreement describing divorce arrangements. The couple provides their contract and additional documents to the judge, who may issue a divorce decree after consideration.
Filing basics
Filing for Divorce
California
Residency Requirements
Grounds for Divorce
Initial Filing
Filing Fees
Serving the Respondent
Waiting Period
Finalizing a Divorce Case
How to get started
The legal paperwork required for a California divorce varies depending on the type of procedure. For an uncontested divorce, the basic forms typically include:
Form FL-100: Petition — Marriage/Domestic Partnership
Form FL-110: Summons (Family Law)
Form FL-105: Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (if minor children are involved)
FL-311: Child Custody and Visitation (Parenting Time) Application Attachment (if minor children are involved)
Form FL-115: Proof of Service of Summons
Form FL-140: Declaration of Disclosure
Form FL-150: Income and Expense Declaration
Form FL-142: Schedule of Assets and Debts / Form FL-160: Property Declaration
Form FL-141: Declaration Regarding Service
Form FL-180: Judgment
Form FL-120: Response — Marriage/Domestic Partnership (for the responding spouse)
Form FL-130: Appearance, Stipulations, and Waivers
Form FL-170: Declaration for Default or Uncontested Dissolution or Legal Separation
Form FL-190: Notice of Entry of Judgment
Additionally, couples filing for an uncontested divorce must prepare a Marital Settlement Agreement. Depending on specific circumstances or county requirements, spouses may need to complete additional forms.
Custody Basics
Couples with minor children need to address custody issues if they file for divorce in California. The state provides parents with several options:
Joint legal custody, allowing both parents to make decisions regarding their child’s life
Sole legal custody, giving such a right to only one parent
Joint physical custody, meaning that the child will live with both parents
Sole physical custody, implying that the child lives with one parent and visits the other occasionally
The parent who has the children less than half of the time is eligible for visitation. In California, it can be scheduled, reasonable, and supervised. If visitation affects the child physically or emotionally, it can be canceled.
Parents filing for an uncontested divorce must resolve child custody issues out of court and provide the judge with a parenting plan for approval. If it’s fair and in the child’s best interests, the judge may grant the parents’ request.
If parents can’t agree, the judge will decide for them considering factors including the following:
The child’s health and age
The child’s ties to the school, home, and community
Each parent’s ability to care for the child
Emotional bonds between the child and the parents
Any history of domestic violence or substance abuse
The judge may also order parents to take special parenting courses.
Uncontested Divorce
If both parties agree to end their marriage and resolve property division, child custody, child support, alimony, etc., out of court, their divorce becomes uncontested.
California allows spouses to file for a regular uncontested divorce or a summary dissolution. Both options imply that the spouses agree to the divorce and will sign a Marital Settlement Agreement. However, the latter has additional requirements:
The marriage lasted less than 5 years
Spouses have no minor children, and neither of them is pregnant
Spouses don’t own real estate
Neither party requests alimony
Spouses’ community and separate property isn’t worth more than $47,000 each (excluding cars)
Spouses don’t owe more than $6,000 in debt (excluding cars).
Both approaches save time, as the spouses avoid lengthy legal battles and money, given that they can proceed without lawyers. What’s more, couples can simplify their legal paperwork by using Divorce.com to generate forms cheap and fast.
Support Basics
Child support is another issue families with children must resolve. If they decide it themselves, they need to inform the judge about the arrangements reached and get court approval. Those who can’t settle this aspect of their divorce will have a hearing where the judge will decide.
To identify the amount of child support to be paid by one or both parents every month, the court uses California Guidelines.
Factors determining child support amount include but are not limited to the following:
Each parent’s income
Number of children in the marriage
Time each parent spends with their children
Each parent’s tax filing status
Children from other marriages and relationships to be supported
Health insurance expenses
Cost of sharing daycare; etc
FAQs
How long will it take to get divorced in California?
Can I get a free divorce in California?
How do I file for divorce in California?
How much does a divorce cost in California?
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County Divorce Guides
6 Steps in the California Divorce Process
Bifurcated Divorce in California
California Divorce Checklist
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California Divorce Papers: Every Form You Might Need (and Why)
California No Fault Divorce
Collaborative Divorce in California
Contested Divorce in California
Default Divorce in California
Divorce Mediation in California
Divorce Statistics in California
Do-It-Yourself Divorce in California
How is Property Divided in a California Divorce?
How Long Does it Take to Get a Divorce in California?
How Much Does a Divorce Cost in California?
How to Get a Divorce in California Without a Lawyer
Legal Separation vs. Divorce in California
Marriage Annulment in California
Spousal Support in California
Summary Dissolution in California
Uncontested Divorce in California
