Divorce Guide

California Divorce Law

Three Typical Cases:

A California divorce begins once a spouse files a “Petition” in the Superior Court for dissolution of the marriage. The Petition requests a dissolution of marriage along with other marital issues such as property division, debt division, child custody, child support, spousal support, payment of attorney fees and court costs, etc. Once the Petition is filed, the path to resolution of the divorce depends on Respondent’s action. The Respondent may

1) not respond to the Petition

Default: The Respondent in the case does not file timely response to the petition for divorce or legal separation. The Respondent “defaults” and the case proceeds without the Respondent’s participation.

2) settle the case; or,

Uncontested: Parties settle by way of agreement. The Respondent may or may not file a Response.

3) contest the divorce by filing a Response.

Contested: Response is filed and the case is resolved by a Judge.

Uncontested an Default Divorces:

Step by step divorce process:

Step 1: Decide Which Court: 

The case must be filed in a court that has authority to hear your case, requiring compliance with jurisdiction requirements.

Step 2: Download and Prepare Initial Forms

  • Petition – FL-100 – Asks the court for a divorce and to decide other issues.
  • Summons – FL-110 – Notifies your spouse of the divorce
  • Proof of Service of Summons – FL-115 – Explains when and how you notified your spouse.
  • Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act – FL-105 & Attachment FL-105(A) – Informs the court of information regarding your children
  • Property Declaration – FL-160 – Lists your assets
  • Court Orders – procedure depends on what you request incuding restraining orders, support and property issues.
  • Request to Waive Court Fees – FW-001 – available to lower income persons

Step 3: File Petition and Other Documents

Obtain copies for service

Step 4: Serve The Petition and Other Documents 

Have another person over 18 hand your spouse the petition and summons, then notify the court.

Step 5: Default – Absent a Response

If your spouse does not take certain actions you may request that the court decide the matter.

 

Step 6: Financial Disclosure 

Gather ALL your financial information. File and serve Income and Expense Declaration – FL-150 or for simpler estates Financial Statement – FL-155. File and serve a final disclosure or waiver.

Step 7: Marital Settlement Agreement 

If the Respondent agrees to settle issues of the divorce, the singed marital agreement will state the resolution. Deciding how to resolve these issues is complex which can be disappointing to parties looking for a fast and cheap answers.  Common issues include

Step 8: Order for Wage Garnishment for Child Support 

Orders the payor’s employer to garnish for child support

Step 9: File Judgment Documents

These docs contain the resolution to all divorce issues

Step 10: Service of Judgment

Step 11: File Child Support Case Registry
Sends notice of child support requirement to the State.

Step 12: Serve The Order To Withhold (Wage Garnishment) On Spouse’s Employer
Serves payor’s employer and requires the employer to pay the spouse.

Complex Contested Divorce Steps :

Procedure and Strategy Varies Widely

At minimum contact an attorney for an individual consultation

Preliminary Motions: 

Obtained by filing an “Order to Show Cause” or “Noticed Motion:” You may ask the court to decide issues before the complete resolution of the divorce. For immediate relief seek an ex parte proceeding. The strategy varies depending on the stage of the proceeding.

    • Support & custody
    • Property & living arrangements
    • Attorney fees and costs
    • Domestic violence

Conduct Discovery

Begin by asking your spouse for all relevant info, then evaluate the need for formal discovery including depositions, interrogatories, requests for admissions, and others.

Obtain a Hearing

Attend Settlement Conferences

Identify all unresolved issues and attempt a resolution

Prepare Evidence for Trial

Complex evidence rules dictate how you will present your case.

Attend Trial

Complete the Steps Required Documents for a Valid Judgment

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File Uncontested Divorce


These forms need to be completed and filed in order to begin your California divorce.  Check with your county clerk or local California Family Facilitator to determine if there are other mandatory local forms.

Step 1: See if you qualify for a Summary Divorce Procedure

Summary Divorce is only available to couples who have been married for less than 5 years, do not have children, and own very little property.

Check California Family Law Form FL-820 to determine if you qualify for a Summary Divorce.

Step 2: Fill out the divorce paperwork

Petition FL-100:  Fill out the form completely.  This paper begins your divorce.

Summons FL-110: Fill out the first page of this form.  This paper provides notice to your spouse of the divorce.

UCCJEA Fl-105: If there are minor children of the marriage, fill out this form.

Other local forms: Check with your county clerk.

Step 3: Making copies and filing the paperwork

Bring the originals and two copies of the forms to the court and pay the fee for filing.

Step 4: Serving the papers

Serve your spouse a copy of all the divorce forms in Step 1, along with a blank response FL-120, and a blank UCCJEA FL-120 (if there are children of the marriage).  Your spouse must be served by someone other than you and must be over the age of eighteen.

Step 5: File the proof of service

The person who serves the paperwork on your spouse needs to complete the Proof of Service of Summons FL-115.  File the proof of service with two copies.

Step 6: Fill out the property disclosure forms

Soon after you have served your spouse, comply with disclosure requirements by completing the Preliminary Disclosure FL-140, Income and Expense Declaration FL-150, and Schedule of Assets and Debts FL-142 and mail or give a copy to your spouse. Disclose everything! Hiding assets is a breach of a mandatory fiduciary duty and will forfeit your interest in the property.

Step 7: File the Declaration Regarding Service of Declaration of Disclosure

Form FL-141 is the only document that you need to file. This shows you have given your spouse the preliminary disclosure.

Step 8: This step depends on whether your spouse filed a divorce response and whether there is an agreement or stipulated judgment

Follow the step that applies to your situation:

OPTION ONE:

NO Response;

NO Agreement or Stipulated Judgment

If you want spousal or child support file FL-150.

File FL-160 to divide property.

File a Request to Enter a Default, FL-165. Give the clerk the original and two copies of all forms. Include two envelopes with postage, one addressed to you and the other to your spouse.

OPTION TWO:

NO Response;

YES Agreement or Stipulated Judgment

File a Request to Enter a Default (FL-165) or an Appearance, Stipulations, and Waivers (FL-130).

Waive final disclosure with FL-144 or Comply with final disclosure requirements (FL-140, FL-150, FL-142).

OPTION THREE:

YES Response;

YES Agreement or Stipulated Judgment

File an Appearance, Stipulations, and Waivers (FL-130).

Waive final disclosure with FL-144 or comply with final disclosure requirements (FL-140, FL-150, FL-142).

OPTION FOUR:

YES Response

NO Agreement or Stipulated Judgment

Seek advice of an attorney for your contested divorce.

Step 9: File Judgment Forms

Judgment FL-180;

Notice of Entry of Judgment FL-190;

If custody or visitation is at issue, Child Custody and Visitation Order Attachment FL-341

If spousal or child support is at issue file the following:

  • Spousal, Partner or Family Support Order Attachment FL-343;
  • Child Support Information and Order Attachment FL-342;
  • Notice of Rights and Responsibilities – Health Care Costs and Reimbursement Procedures and Information Sheet on Changing a Child Support Order FL-192;
  • Child Support Case Registry Form FL-191;
  • If you or your spouse is on public assistance file Stipulation to Establish or Modify Child Support and Order FL-350;
  • Earnings Assignment Order For Spousal or Partner Support FL-435;
  • Order/Notice to Withhold Income for Child Support FL-195/OMB

Contact a divorce attorney for advice on how to change titles to property

Contact a divorce attorney for assistance on dividing pensions

File the original and two copies of all forms, except the Judgment FL-180 which requires four copies. Include two envelopes with adequate postage, one addressed to you and the other to your spouse.

Step 10: Serve the Judgment

Once you receive the Judgment, have someone serve your spouse.

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