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.
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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.
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.
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How to serve divorce papers in California
After you file the applicable divorce papers with the court, you must formally deliver a copy of the petition and summons to your spouse. This is referred to as “service of process” and notifies your spouse of the divorce action.
The petitioner may not serve their own divorce papers on the respondent. In most cases, service of process must be completed through personal service by an individual who is at least 18 years of age. This server may be:
- Someone you know who isn’t a party to your divorce case
- A county sheriff
- A hired professional process server
Sheriffs and process servers typically charge a fee (usually no more than $100) for service of process.
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
