What forms do I need to file for uncontested divorce in California? We often receive this question, so we have prepared this guide on how to file for uncontested divorce in California.
Before we proceed, it’s important to acknowledge that the process involves several steps. Even in the case of an uncontested divorce, certain legal terms may require clarification. With the guidance of an experienced family law attorney, you can navigate these complexities more effectively.
Continue reading to learn the necessary steps to an uncontested divorce.
What Is Uncontested Divorce in California?
An uncontested divorce in California is when both spouses are in agreement on all major issues surrounding the marriage dissolution, such as:
- Asset division
- Child custody and support
- Alimony (spousal support)
During the uncontested divorce process, both you and your spouse work together towards an amicable split. Uncontested divorces save both parties money, time, and the emotional stress of a contested divorce.
It is wise to have a family law attorney to guide you through the process and make the settlement agreement. With Moore Family Law Group, you will have access to some of the finest family law attorneys California has to offer.
Step By Step: How to File for Uncontested Divorce in California
Step 1: Meet residency requirements
Before filing for divorce, you must check to see if you meet the California residency requirements. Even if your divorce is uncontested, you must meet the residency requirement to be able to file.
The requirements state that you or your spouse must have lived in California for the past six months and in the county where you intend to file for the past three months.
If neither of you meets the residency requirements, you must wait until you do meet them to file for marriage dissolution.
Step 2: Complete initial forms
To start the divorce process, you will need to fill out the initial forms, including the following:
- Petition for dissolution of marriage (Form FL-100) – With this form, you provide basic information about your marriage and what orders you want the court to make.
- Summons (Form FL-110) – If you are the petitioner, this form tells your spouse that you have started the court case, and they have 30 days to respond.
- Optional: Property Declaration (Form FL-160) – You can use this form if you are applying jointly to list your property and debts and tell the court how you want them to be divided.
Step 3: File the forms
Once the necessary forms are filled out, they will need to be filed at the local county courthouse.The county clerk should be given the original form and two copies, and they will stamp them and provide a case number.
The court will keep the original form and return the copies to you. One copy is for each spouse.
The filing fee is $435-$450. If you cannot afford the fee, you may apply for a Fee Waiver (Form FW-001).
Step 4: Serve the forms
The next step in the process is serving the spouse with the divorce papers. You cannot serve the papers personally. It must be someone else. The person serving the papers must hand your spouse the following:
- Copies of the forms you filed with the court
- Blank Response – Marriage/Domestic Partnership (Form FL-120)
- Blank response forms are available if you have filed other papers
Once your spouse is served the divorce papers, they must fill out a Proof of Service of Summons (Form FL-115).
After you file this form, your spouse has 30 days from when they were served to respond. If they don’t respond within those 30 days, the process will move forward even without their reply.
Step 5: Responding to the petition
If you are the respondent, you must fill out and file your Response (Form FL-120) within 30 days of receiving the papers. If you are applying jointly, you may waive the response, or you both can reach a settlement agreement.
Step 6: Financial disclosures
During this step, you will need to fill out and file the following forms:
- Preliminary Declaration of Disclosure (Form FL-140) – This form is essentially a cover sheet for what you will share with the other party, and you’ll need to sign it.
- Schedule of Assets and Debts (Form FL-142) – This form will inform your spouse about your debts and what you own.
- Income and Expense Declaration (Form FL-150) – With this form, you tell how much you earn and how you spend the money. You must attach proof of income from the past two months with it.
Step 7: Drafting and signing the marital settlement agreement
After you and your spouse reach an agreement on all divorce terms, you will need to put them in writing. One of our family law expert attorneys will help you prepare the final agreement.
You should attach any court orders you have so far to the agreement. Once the agreement is reviewed to ensure everything is in order, you sign it. Once both you and your spouse sign the agreement, you must take it to a notary public to be notarized.
Step 8: Finalizing the divorce
In order to finalize your divorce, you will need to file a final set of forms.
- Request to Enter Default (Form FL-165) – You file this form if your spouse does not respond to the divorce papers, leading to a default divorce. The judge will sign the form and end the marriage despite the lack of response.
- Judgment (Form FL-180) – The Judgement is the final court order to get a divorce. The judge will review the form and any other requests you may have attached, after which they will sign it.
- Notice of Entry of Judgment (Form FL-190) – This is the official notice the court will mail to you that your divorce is finalized.
Additional Considerations
Child custody and support
If you have children under 18, you and your spouse must agree on visitation, custody, and support. You must fill out the Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (Form FL-105) if you have children.
Division of property and debts
California is a community property state, which means assets and debts earned during the marriage are subject to equal division. In contrast, everything earned prior to the marriage is considered separate property.
Spousal support (alimony)
The judge may order temporary or long-term spousal support. Temporary spousal support is an order of payments while the case is ongoing and ends once the divorce is finalized.
In contrast, long-term spousal support is ordered at the end of the case, and it usually involves monthly payments that may last for years or until the receiving party is capable of earning their own income.
Conclusion
Hopefully, our guide has clarified how to file for uncontested divorce in California. If you still need additional clarification on any of this information, contact us, and one of our family law experts will be able to assist you.