Advanced Search. Prepare for Filing Your Case. Try our new step-by-step format! We're improving online instructions for divorce! If you have children with your spouse or domestic partner: Read the Custody and Visitation topic of this Online Self-Help Center for more information about parenting plans and how to get custody and visitation orders for your children.
Read the Child Support topic of this Online Self-Help Center for more information about child support and how to get a child support order for your children. If your spouse does not provide any response to the divorce petition, then the judge will assume that the Respondent has given up any right to participate in the case. The judge will probably grant all of the requests regarding child custody, support and property distribution in the petition.
In cases where you and your spouse have a written, notarized agreement regarding all major issues in the marriage dissolution, and your spouse does not file a response, the judge will abide by the written compact. If your spouse files a response with the court but agrees with all of the details in the petition, this is considered an uncontested dissolution.
If your spouse files a response which disputes various aspects of the Petition, then the court will likely have to step in and make decisions regarding contested issues.
If you and your spouse cannot come to on an agreement about the major issues in a divorce—property distribution, child custody or spousal support—you will likely need to hire an attorney to represent you in this complex divorce proceeding. There are a few different ways you can file for divoce in California and some are less frictionless than others:. If you and your spouse can agree to an amicable settlement before or during the divorce procedure, you can avoid many of the costly aspects of a divorce.
It may take some negotiation, patience, and sacrifice, but, ultimately, it is in the best interests of you, your spouse and any children if you can avoid a long and contentious legal battle. The state of California encourages couples who are considering a divorce to attempt to reconcile or produce a divorce agreement with the help of a mediator. Mediators are independent, neutral professionals with experience resolving personal issues.
Although they do not have the legal authority to force a couple to come to an agreement, they are usually quite skillful at providing useful information and solutions. Mediation is typically a less expensive alternative to a divorce trial.
In cases where spouses cannot agree on major issues, the judge will set a trial date. This trial may last a single morning or several days. In almost every contested divorce or uncontested ones the major points of contention revolve around issues of property division, child custody or spousal support.
If you and your spouse cannot come to an agreement about these issues, you should know how California law governs them. Under California law, all community property—which is property pooled by both spouses during the marriage—must be divided equally. Separate property which belongs wholly to one spouse may have been acquired in the following ways:.
Once all of the community property and debts are identified, they must be assigned a monetary value. This may be performed by an appraiser.
Division of property may take several forms. Some assets can be divided equally, like cash or multiple goods. Indivisible assets may be assigned to one spouse by the judge while another asset of commensurate value is assigned to the other spouse. Attach a copy of your pay stubs for the last 2 months or a recent profit and loss statement if you are self-employed or own rental property.
When filling out Form FL, make sure to only write the last 4 digits of the social security number of the person ordered to pay support — the law requires it to protect their privacy. To download a form in PDF format , click on the form number in the table below. The respondent must sign it. If there is separate property or debt, or community property or debt to divide in the judgment, complete the following form:. Form Name. This form lists the type of judgment granted divorce, legal separation, annulment , date marital or domestic partnership status changed, and when final judgment was entered.
Instructions for Form FL Cover sheet with attachments that you prepare on blank paper stating the judgment terms or form attachments. Make sure you attach the signed settlement agreement or stipulated judgment signed by you and your spouse or domestic partner. Used to calculate support and ask for cost reimbursements. Attach it if your court requires it, or if you want to ask for spousal, partner, or child support. Also attach it if you have been married or domestic partners for 10 years or more.
If you have a child support order, you should read and must attach this form to your judgment form, FL If there is separate property or debt, or community property or debt to divide in the judgment, complete the following form s :.
Information to help you find out if you need to join the pension plan to your divorce case and how to do it. To start an annulment nullity of marriage when you are married or in a registered domestic partnership. Tells your spouse or domestic partner that a court case has started and what will happen if he or she does not respond in 30 days. If you have children under the age of 18 with your spouse or domestic partner, fill out form FL and file it with your petition.
Tells the judge who the children have been living with and if any other custody orders exist that involve this case. To respond to an annulment nullity of marriage or domestic partnership when you are married or in a registered domestic partnership. Cover sheet with attachments that you prepare stating the terms of the order or referencing the form attachments. Do NOT use if you also have a child support order.
Use this form if you have an order for child support AND spousal or partner support. Make sure to only include the last 4 digits of the social security number of the person ordered to pay support.
The law requires it to protect their privacy. Use this form when asking to change a spousal or partner support order made as part of the divorce or legal separation judgment, or after the judgment.
Find more information on fee waivers. Do NOT use if you also have child support order. Use this form if you are asking for child support AND spousal or partner support. Prepare for Filing Your Case Learn about the requirements to file for divorce or legal separation to end your marriage or domestic partnership or both , and where to get help.
Filing Your Case Get step by step instructions on filing your divorce or legal separation case, with links to forms, instructions, and where to get help. Forms Find all the forms you will need to file your divorce or legal separation case, with links to the forms and instructions where available.
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