There are a number of divorce forms that many be needed when filing for a dissolution of marriage in California. The divorce forms you will need depends on the length of marriage, whether or not if you have children, and the amount of community property you have accumulated.
Initial Divorce Forms
The initial divorce form used is by the “Petitioner” who files a Petition in the Superior Court for dissolution of the marriage. In this divorce form, the Petitioner asks the court to dissolve the marriage and to deal with any issues between the parties arising out of the marital relationship such as child custody, child support, spousal support, property division, debt division, payment of attorney fees and court costs, etc. How your case is subsequently handled depends on what your spouse does. Your spouse, who is now known as the “Respondent,” can either not file a Response to the Petition, cooperate to settle the case by way of agreement or, can file a Response and contests the issues in the case.
Petition — Marriage/Domestic Partnership FL-100
To start a divorce or legal separation when you are married, registered domestic partners, or both. Lists dates, children, property, and debts.
Click for the information sheet on the Legal Steps for a Divorce or Legal Separation (FL-107-INFO).
Legal Steps for a Divorce or Legal Separation (FL-107-INFO).
Summons (Family Law)FL-110
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.
Video instructions for Form FL-110
Proof of Service of Summons (Family Law — Uniform Parentage — Custody and Support) FL-115
Tells the court you had the papers served on your spouse or domestic partner.
If you have children under the age of 18 with your spouse or domestic partner, fill out Form FL-105 and file it with your petition.
Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) FL-105/GC-120
Tells the judge who the children have been living with and if any other custody orders exist that involve this case. Instructions for Form FL-105
Child Custody and Visitation (Parenting Time) Application Attachment Form FL-311
Optional form, but it may help you ensure you do not leave anything out of your request.
To list your property and debts, use the following form.
Property Declaration (Family Law) FL-160
Lists each item of property and debt and whether you think it is community or separate propertyVideo Instructions for FL-160
Click on the following link to read further instructions for filing divorce forms in California:
File Download (PDF File): How to Use
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