If you decide to end your marriage, the first official step is to file divorce papers. Depending on your situation, there may be a fair number of divorce forms you need to complete and submit. Failure to fully and accurately do so may result in costly delays for your divorce moving forward.
However, with a little guidance, you can sort through which papers you need and how to properly file them to continue on the path to the next phase of your life.
In this article, we will discuss the details of how to fill out divorce papers in California, including what forms you may need for filing divorce papers in California, what information you may be expected to provide and how to serve your paperwork.
Important divorce terms to know
You may come upon unfamiliar terms as you work on your divorce papers in California. Understanding these will better enable you to correctly complete the forms.
Contested vs uncontested divorce in California
There are two types of divorce in California: contested and uncontested.
- A contested divorce is one in which the spouses are unable to come to an agreement on one or more key issues related to their divorce. These issues commonly include matters related to property division, spousal support, child custody and child support.
- Conversely, an uncontested divorce occurs when both spouses are able to reach an agreement as to all terms of the divorce.
Regardless of whether you seek a contested or uncontested divorce in California, the parties have to file paperwork with the court and obtain a court order.
Community vs separate property
As part of a divorce, the court allocates any property belonging to the parties. In California, this property includes both assets and debts.
California law divides property into two categories: community property and separate property.
- Community property is defined as any property acquired by either spouse during the marriage. Community property is typically divided equally between the spouses.
- Separate property includes property belonging to one spouse that was owned by that individual before the date of marriage; acquired by that person by gift, descent or inheritance (even if acquired after the date of marriage); or the result of any rents, proceeds or profits of any separate property. Separate property is typically awarded to the spouse who owns it.
Additionally, any earnings of each spouse after the date of separation will be considered the separate property of each respective spouse.
Date of separation
The date of separation is the date when “a complete and final break in the marital relationship has occurred”. Depending on the facts and circumstances surrounding your separation from your spouse, the date of separation may not be as easy to determine as the date of marriage. Nevertheless, specifying an accurate date of separation is critical, as it impacts on how your property is categorized and divided.
How to file for divorce in California
To begin the legal divorce process in California, one of the spouses needs to file a petition for a dissolution of marriage. The filing process typically includes the following steps:
1. Verify you meet the filing requirements
2. Complete the initial paperwork
3. File your papers with the appropriate court
4. Serve your filed papers on your spouse
Pro tip: Sometimes, people file divorce papers without giving their spouse a heads-up. In most circumstances, if it’s safe for you to do so, you should let your spouse know before filing so they’re not blindsided. However, if there is a concern that the spouse will avoid service if notified, then this may not be a good idea. Minimizing conflict during divorce may be difficult, but you may save time, money and heartache by being cooperative.
Filing requirements
To file for divorce in California, you must have
- Been a California resident for at least six months
- Lived in the county where you file for at least three months
If you and your spouse live in different counties and meet the residency requirements, you may file in either county.
Initial paperwork
The State of California provides several forms to assist in the divorce initiation process:
- FL-100 — provide information about the marriage, including property each spouse owns
- FL-105 — provide information about any shared minor children
- FL-110 — prepare a summons to serve on your spouse
The spouse who files the paperwork is called the petitioner on the forms. The spouse who receives the papers is the respondent. You must file forms FL-100 and FL-110 in every divorce case and form FL-105 in any case involving minor children.
Filing with the court
Next, file the completed forms with the appropriate county court. You may file paper copies of your documents at any courthouse or by mail. Many courts also allow you to file electronically.
When you file, you generally pay a filing fee between $435 and $450. If you don’t have enough money, you may qualify for a fee waiver.
After you file, the court will fill in the boxes on each form marked “for court use only” and return the documents to you. Then, it’s time to serve your spouse.
Required divorce forms to initiate a California divorce
There are two forms that you must complete to initiate any California divorce. These are referred to as the petition and summons.
Petition—Marriage/Domestic Partnership (Form FL-100)
The Petition—Marriage/Domestic Partnership (Form FL-100) requires the filing party (petitioner) to provide certain information about their marriage and the types of orders they’re seeking from the court regarding the dissolution of the marriage (divorce).
This information includes:
- The petitioner’s name and contact information
- The name and contact information for the petitioner’s attorney (if applicable)
- Court information for the county superior court where the petition is being filed
- The respondent’s name (the petitioner’s spouse)
- The date of marriage
- The date of separation
- The names, birth dates and ages of any minor children
- The legal grounds for the divorce
- Any specific requests regarding child custody, visitation and child support for any minor children to the marriage
- Any specific requests regarding spousal support
- A list of any separate property belonging to either spouse
- A list of any community property belonging to both spouses
Summons (Form FL-110)
The summons (Form FL-110) serves as a formal notice to the respondent that the petitioner has filed for divorce. Most of the summons is pre-populated with information from the court regarding the rules, requirements and deadlines for the divorce proceedings. However, before providing a copy to the respondent, the petitioner must fill in the following information:
- Name of the respondent
- Name of the petitioner
- Name and address of the court where the petition and summons were filed
- Name and contact information for the petitioner or the petitioner’s attorney (if applicable)
The court clerk will fill in their name, the case number and date once the petitioner has filed it with the court.
Financial Disclosure
You must also file financial disclosure forms. Although you aren’t required to submit these forms when you file your petition, you must file them within 60 days.
First, you must fill out an Income and Expense Disclosure, outlining your sources of income and average monthly expenses. You must also provide a declaration of your debts and assets, using either Form FL-142 or Form FL-160. Finally, you must attest to the accuracy of your disclosures by filing a Declaration of Disclosure and confirm that you’ve provided your disclosure to your spouse by filing a Declaration Regarding Service.
Optional divorce forms
Depending on your circumstances, you may need to file additional paperwork when you initiate your California divorce. This includes the following.
Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (Form FL-105)
The Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (Form FL-105) must be completed and filed if the parties have children under 18. This form notifies the court that the divorce proceedings will require a determination as to child custody.
When filing this form, you need to include the following information about each minor child of the parties:
- Name
- Sex
- Place and date of birth
- The child’s places of residence for the preceding five years
- Whether and to what extent the child has been involved in any other court proceedings
Child Custody and Visitation (Parenting Time) Application Attachment (Form FL-311)
While not required, parties who have children together may also file Form FL-311. This allows the parties to specify more detailed desires regarding the legal custody, physical custody and visitation of any children. The petitioner may attach a copy to their petition when filing it with the court, and the respondent may also choose to attach a copy to their response when the time comes to file it.
How to serve divorce papers in California
What happens after divorce papers are filed in California? You need to have someone serve the papers on your spouse. To serve divorce papers in California, you must follow several requirements related to:
- What documents you provide
- Who serves the documents
- How they serve the documents
Certain circumstances may modify the rules, particularly if the respondent spouse is outside California or you can’t locate them.
If you file a request for orders (FL-300) with your petition, the court should schedule a hearing to address your requests. You should typically serve your spouse at least 16 court days (days the court is open) before the hearing.
Once your spouse is served, you file proof of service with the court, and the restrictions on the summons—a Standard Family Law Restraining Order—become active. These automatic orders are listed on the Summons, and in general restrict parties from moving assets or removing the minor children from California.
Documents to include
At a minimum, the paperwork to be served should include copies of everything you have filed and a blank form FL-120. If you have filed any requests for temporary orders, you should also provide blank response forms for your spouse.
Who may serve the documents?
Anyone 18 or older and not involved in the divorce action may serve the papers. You may request one of the following serve the papers:
- A friend or someone else you know
- A professional process server
Process servers will typically charge delivery fees.
Delivery method
Generally, your server may deliver your California divorce papers through:
- Personal delivery to your spouse
- The mail, provided the respondent signs and returns the required form
If they’re unable to deliver the documents personally, the server must:
- File and draft a declaration of due diligence explaining the attempts
- Leave them at the person’s home or workplace with someone at least 18 years or older who’s aware of what the documents are
- If the documents are left at the workplace, you must give them to someone with authority at said workplace.
Then, the server must send a copy through first-class mail with prepaid postage to the address where they delivered the documents. For service to count, the other party needs to sign and return the document.
Proof of service
Once the server delivers the documents, they should complete and sign form FL-115. If the server sent the documents through the mail, you should attach a copy of the special notice, signed by your spouse, to the proof of service you file.
Special circumstances
If your spouse is in another state, the server may follow the same rules for serving divorce papers in California and deliver the documents personally or by mail. If the server goes through the mail, they typically need to include form FL-117. In some states, the server may be allowed to serve the documents by sending them through certified mail with return receipt requested.
The U.S. has treaties that address service of process with many countries. If your spouse is outside the U.S., it may be advisable to consult an attorney or international service company to ensure you are following proper procedures.
If you can’t locate your spouse, you may request to serve them through public notice. To serve your spouse this way, you publish the documents in a public venue, typically a newspaper or courthouse.
Next steps after filing and service of process
After your spouse receives the papers, they have 30 days to file a response. If they don’t file on time, you may request that the court grant a default divorce.
Your spouse may also request temporary orders on child custody, child support or spousal maintenance. They should also complete form FL-105 if you share minor children.
Your spouse needs to serve their response on you as well, which they can do via regular mail.
Within 60 days of filing your petition, you and your spouse need to file financial disclosures. These forms include form FL-140 (Declaration of Disclosure), form FL-150 (Income and Expense Declaration), and form FL-142 (Schedule of Assets and Debts) or FL-160 (Property Declaration).
How a lawyer may help
Determining exactly which divorce forms you need, how to fill them out and how to file divorce papers in California isn’t always straightforward. If you would like assistance, an experienced family law and divorce attorney may be a benefit as you navigate the divorce process.
They may be able to assist you with:
- Drafting your paperwork and ensuring it includes all required information
- Determining what optional paperwork may be appropriate to include with your petition and summons
- Filing your divorce papers with the court
- Selecting a process server
Sofie is a writer. She lives in Brooklyn.
