Filing for divorce in California requires specific legal documents, including the Petition for Dissolution of Marriage and the Summons, which officially start the process. Proof of service documents must also be completed to confirm that the other spouse has been formally notified. Supporting paperwork such as financial disclosures, child custody forms, and property division agreements are essential to address all divorce-related matters comprehensively.
What Documents are Necessary for Divorce Filing in California?
| Number | Name | Description |
|---|---|---|
| 1 | Petition for Dissolution of Marriage (FL-100) | The Petition for Dissolution of Marriage (FL-100) is the primary document required to initiate a divorce filing in California, outlining the basic information about the marriage and requested relief. Accurate completion and submission of FL-100 to the court are essential to start the legal process for divorce under California Family Code. |
| 2 | Summons (FL-110) | The Summons (FL-110) is a mandatory document in California divorce filings that officially notifies the respondent of the divorce action and outlines their legal rights and responsibilities. This document must be served along with the Petition for Dissolution of Marriage to begin the legal process. |
| 3 | Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA, FL-105) | The Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA, FL-105) is a mandatory document for divorce filing in California when child custody is disputed, detailing the child's residency history over the past five years. This form ensures proper jurisdiction and enforcement of custody orders by providing courts with essential information about the child's living arrangements and prior custody proceedings. |
| 4 | Property Declaration (FL-160) | The Property Declaration (FL-160) is a crucial document in California divorce filings, detailing all community and separate property owned by both spouses to ensure equitable distribution. Accurate completion of FL-160 supports the court's ability to fairly divide assets, debts, and liabilities during divorce proceedings. |
| 5 | Declaration of Disclosure (FL-140) | The Declaration of Disclosure (FL-140) is a crucial document required in California divorce filings, detailing all assets, debts, income, and expenses of both parties to ensure equitable division. Completing and exchanging this form early in the process promotes transparency and compliance with California Family Code Sections 2100-2117. |
| 6 | Schedule of Assets and Debts (FL-142) | The Schedule of Assets and Debts (FL-142) is a critical document required for divorce filing in California, detailing all community and separate property, including liabilities and debts, to ensure equitable division. Accurate completion of FL-142 provides the court a comprehensive financial overview necessary for fair property distribution and child support determinations. |
| 7 | Income and Expense Declaration (FL-150) | The Income and Expense Declaration (FL-150) is a critical document required for divorce filing in California, detailing each party's monthly income, expenses, assets, and debts to assist in equitable division and support determinations. Accurate completion of FL-150 ensures the court has comprehensive financial information, facilitating fair rulings on child support, spousal support, and property distribution. |
| 8 | Proof of Service of Summons (FL-115) | Proof of Service of Summons (FL-115) is a critical document in California divorce filings, verifying that the divorce petition and summons have been formally delivered to the respondent spouse. This form must be accurately completed and filed with the court to demonstrate legal notice, ensuring the divorce process proceeds according to California Family Code requirements. |
| 9 | Response—Marriage/Domestic Partnership (FL-120) | The Response--Marriage/Domestic Partnership (FL-120) is a critical document required in California divorce proceedings that allows the respondent to formally answer the petition for dissolution of marriage or domestic partnership. This form must be accurately completed and filed within 30 days of service to ensure the respondent's legal rights are protected and to prevent a default judgment. |
| 10 | Marital Settlement Agreement | A Marital Settlement Agreement is a crucial document in California divorce filings, outlining the terms of property division, child custody, and spousal support agreed upon by both parties. This legally binding agreement helps streamline the divorce process by resolving disputes outside of court and must be signed by both spouses to be filed with the divorce petition. |
| 11 | Child Custody and Visitation Application Attachment (FL-311) | The Child Custody and Visitation Application Attachment (FL-311) is a critical document required for divorce filing in California when parents seek court orders related to child custody and visitation. This form must be submitted alongside other divorce petitions to outline custody preferences, visitation schedules, and address any temporary arrangements, ensuring the court can make informed decisions in the best interest of the child. |
| 12 | Notice of Rights and Responsibilities—Health Care Costs and Reimbursement Procedures (FL-192) | The Notice of Rights and Responsibilities--Health Care Costs and Reimbursement Procedures (FL-192) is a critical document in California divorce filings, informing parties about their legal obligations regarding health care expenses and the procedures for cost reimbursement. This form ensures both spouses understand how health care costs will be managed during and after the divorce process, protecting financial interests and compliance with state laws. |
| 13 | Notice of Entry of Judgment (FL-190) | The Notice of Entry of Judgment (FL-190) is a critical document filed after the court issues the divorce judgment in California, formally notifying both parties of the final decision. This document must be served to all involved parties to ensure legal acknowledgment of the divorce decree and to initiate any post-judgment procedures. |
| 14 | Judgment (FL-180) | The Judgment (FL-180) form is essential for finalizing a divorce in California, as it officially terminates the marriage and outlines the court's orders regarding property division, child custody, and support. Filing this document with the court ensures the divorce decree is legally recognized and enforceable. |
| 15 | Appearance, Stipulations, and Waivers (FL-130) | Filing for divorce in California requires the Appearance, Stipulations, and Waivers form (FL-130) to notify the court and waive or respond to service of process. This document is essential for indicating whether the respondent agrees to the divorce terms or contests the case, streamlining court procedures. |
Introduction to Divorce Filing in California
Filing for divorce in California requires specific legal documents to initiate the process properly. Understanding these necessary documents ensures a smoother filing experience.
You must begin with the Petition for Dissolution of Marriage, which formally requests the court to end the marriage. Other essential forms include the Summons and, depending on the case, financial disclosures and custody agreements.
Petition for Dissolution of Marriage (FL-100)
The Petition for Dissolution of Marriage (FL-100) is the primary document required to begin the divorce process in California. This form outlines essential information, including the names of both parties, grounds for divorce, and requests for spousal support or child custody. Filing the FL-100 officially notifies the court and the other party of the divorce action and sets the case in motion.
Summons (FL-110)
What is the importance of the Summons (FL-110) in California divorce filings? The Summons (FL-110) officially notifies the other party about the divorce case. It outlines key legal obligations, such as the deadline to respond and restrictions during the divorce process.
Declaration Under Uniform Child Custody Jurisdiction (FL-105)
When filing for divorce in California, the Declaration Under Uniform Child Custody Jurisdiction (FL-105) is a critical document if there are minor children involved. This form helps establish jurisdiction by providing information about the children's current living situation and any existing custody orders. Submitting the FL-105 ensures compliance with the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) to prevent jurisdictional conflicts between states.
Property Declaration (FL-160)
Filing for divorce in California requires submitting specific documents to the court, including the Property Declaration (FL-160). This form provides a detailed summary of community and separate property, which is essential for equitable asset division.
- Property Declaration (FL-160) - Lists all marital assets and debts, distinguishing between community and separate property.
- Petition for Dissolution - Initiates the divorce process by formally requesting the court to end the marriage.
- Summons - Notifies the other spouse of the divorce proceedings and their rights.
The Property Declaration is crucial for protecting your interests during property division in California divorce cases.
Declaration of Disclosure (FL-140)
Filing for divorce in California requires several essential documents, with the Declaration of Disclosure (FL-140) being a critical component. This form ensures both parties fully disclose their financial information to facilitate a fair division of assets.
The Declaration of Disclosure (FL-140) must be completed and served on the other spouse early in the process. It includes detailed information about income, expenses, assets, and debts, providing transparency for court proceedings.
Schedule of Assets and Debts (FL-142)
| Document Name | Description | Purpose in Divorce Filing | Key Details |
|---|---|---|---|
| Schedule of Assets and Debts (FL-142) | Official California court form listing all assets and debts held by each spouse. | Provides the court with detailed financial information necessary for equitable property division. |
- Itemizes real estate, vehicles, bank accounts, retirement accounts, and personal property. - Lists outstanding debts, including mortgages, credit cards, and loans. - Both spouses complete and exchange this form. - Must be filed early in the divorce process to establish financial disclosure. - Helps determine spousal support, division of community property, and debt responsibility. |
Income and Expense Declaration (FL-150)
Filing for divorce in California requires specific legal documents to proceed smoothly, with the Income and Expense Declaration (FL-150) being one of the most crucial. This form provides detailed financial information essential for fair spousal and child support determinations.
- Income and Expense Declaration (FL-150) - This document outlines your monthly income, expenses, assets, and debts to ensure accurate financial assessment during divorce proceedings.
- Summons (FL-110) - The official notification to the other party that a divorce case has been filed, detailing their rights and responsibilities.
- Petition for Dissolution of Marriage (FL-100) - The initial filing document that starts the divorce process, specifying grounds for divorce and requests for support or custody.
Proof of Service of Summons (FL-115)
Filing for divorce in California requires several essential documents, with the Proof of Service of Summons (FL-115) being a critical component. This document confirms that the divorce papers have been formally delivered to the other party, ensuring legal notice.
The Proof of Service of Summons (FL-115) must include details about who served the documents, the date of service, and how the papers were delivered. Proper completion and filing of FL-115 with the court are mandatory to proceed with the divorce case. Without this proof, the court cannot establish jurisdiction over the respondent, making the divorce invalid.
What Documents are Necessary for Divorce Filing in California? Infographic
