The Law Office of Edward Misleh
The Law Office of Edward Misleh
Skip to content
  • Home Page
  • Areas of Practice
    • Divorce Attorney
    • Domestic Violence Attorney
    • Child Custody Attorney
    • Child Support Attorney
    • Spousal Support Attorney
    • Community Property Attorney
    • Guardianship Attorney
    • Family Law Attorney
    • Adoption Attorney
    • California Attorney Blog
  • Resources
    • Forms
    • California Attorney Blog
    • Our Office
    • Website Search
    • Site Map
  • The Law Offices
  • Contact Us

-

Home » Areas of Practice » Divorce » Divorce Assistance

Divorce Assistance

Posted on October 25, 2019February 10, 2020 by Editor

California unbundling of legal services allows a person who is seeking a California divorce to pick and choose what steps they want to take in attaining their divorce and the scope and limits of representation should they want to use an attorney.  You can file your own forms and represent yourself or you can pick which forms you would like our office to complete for you and which issues you would like our attorneys to address in court.

The Law Offices of Edward Misleh, APC is a law firm that practices family law and clients in Northern California with services they need and deserve when addressing all aspects of divorce.  Call now our Lawyer Hotline.      Call now 321-951-9164.

Divorce Assistance

Our office offers divorce assistance to those individuals who want to limit which parts of their case they would like an attorney to handle.  This divorce assistance article will help you in filing for divorce, default divorce, uncontested divorce, contested divorce, and a marital settlement agreement.


Services Offered

Aside from divorce assistance,  we offer other services such as:

  • Consulting an attorney to provide legal information and advise you about your case.
  • Representation you on specific issues such as child custody, child support, spousal support, or property settlement.
  • Preparing forms and other court documents.
  • Prepare a Marital Settlement Agreement.

Completing Divorce Forms

Often, we see potential clients who simply want divorce assistance in completing specific forms for their divorce case.  All California courts, including the County of Sacramento, County of El Dorado, County of Placer, County of Solano, and County of Amador, use the same family law forms when a party is either filing or responding in a divorce proceeding.  If you choose to represent yourself (pro per), our offices will provide divorce assistance and complete any necessary forms once you provide preliminary information and pay a one-time fee.  In addition, should you want legal representation or further divorce assistance, you will be able to later subscribe to that service.

The following is an outline of the divorce process along with possible outcomes. For your convenience, we have included all required California Family Law forms should you want to file for divorce and represent yourself.  Otherwise, for a fee, we will provide divorce assistance and prepare any and all forms you may need for filing.  We will also provide limited representation, should you so desire.


Initial Petition and Summons

To file for divorce, you must do the following:

  1. Complete and file either form FL-100 (marriage petition) or FL-103 (domestic partner petition) and a FL-110 (summons).
  2. If you have children, you must complete form FL-105 (UCCJEA).
  3. Make two copies of the original. The original will be retained by the court; one copy is for your records, and the second copy for the other party.
  4. File all of the above with the clerk of court who will stamp all three (the original and two copies).
  5. Pay a filing fee of $435.00 unless you qualify for a waiver.
  6. To determine if you qualify for a waiver, complete and file forms FW-001 (fee waiver request) and FW-003 (fee waiver order).
  7. Personally serve your spouse or partner a copy of the stamped documents you filed with the clerk (except for the fee waiver) along with form FL-120 (marriage petition response) or FL-123 (domestic partner response).
  8. Personal service must be done by using either a process server, the sheriff, or another person who is over the age of 18. You cannot serve these documents yourself.
  9. Service by mail can be done (not by you), if your spouse or partner agrees to sign and return form FL-117 (notice of receipt of service) to your process server.
  10. The person who served the papers on your spouse or partner must complete and sign either form FL-115 (proof of service) or form FL-117 (notice of receipt of service).
  11. File the completed and signed FL-115 (proof of service) or FL-117 (notice of receipt of service) with the clerk of court. There is no charge for this filing.
  12. Complete and prepare preliminary financial disclosures using the following forms:
    1. FL-140 (financial disclosure),
    2. FL-142 (schedule of assets and debts) or form FL-160 (declaration of community and separate property), and,
    3. FL-150 (income and expense declaration). You will need copies of your last two years tax filings (both state and federal and any attachment). Do not file your tax filings but serve them on your spouse or partner.
  13. Serve your spouse or partner a copy of all your financial disclosures within sixty days of the original filing (the date stamped by the clerk).
  14. Complete and file with the court clerk form FL-141 (service of financial information).
  15. Within thirty days of service, your spouse or partner, also known as the Respondent, is required to respond by filing form FL-120 (marriage petition response) or form FL-123 (domestic partner response) with the clerk of the court.

Default Divorce

Should your spouse or partner, now known as the Respondent, fail to respond to your petition within thirty days of the day they were served, they will be in default. To obtain a judgment, do the following:

  1. Complete the following forms:
    1. FL-165 (request for default),
    2. FL-170 (declaration for default),
    3. FL-180 (judgment), and,
    4. FL-190 (notice of entry of default).
  2. Should there be children from the marriage and you are requesting child custody, complete form FL-341 (visitation order), form FL-341a (supervised visitation order), form FL-341b (abduction order), form FL-341c (holiday schedule), form FL-341d (additional custody provisions), and/or form FL-341e (joint legal custody).
  3. To request child support, complete form FL-342 (child support order), form FL-150 (Declaration of Income and Expenses)  or form FL-155 (income declaration), form FL-191(child support registry), form FL-192 (health insurance and reimbursement), and form FL-195 (wage garnishment).
  4. To request spousal support (also known as alimony) complete FL-157 (support declaration), form FL-343 (spousal support order) form FL-150 (income and expense declaration), and form FL-435 (wage garnishment).
  5. To request division of marital assets, complete form FL-345 (property order), form FL-160 (declaration of community and separate property), and form FL-348 (pension benefit order).
  6. Mail all forms and two large envelopes (with prepaid postage) to the clerk of the court. One large envelope should have your address and the other should have your spouse’s or partner’s address. A California Court judge will sign form FL-180 without you or your spouse/partner having to appear in court. The court clerk will then mail the judgment to both you and your spouse/partner in the large envelopes you provided. In accordance with California law, your divorce will be finalized no sooner than at least be 6 months and 1 day from the date you served your spouse the initial petition.

Marital Settlement Agreement

If you and your spouse/partner have a written Marital Settlement Agreement (MSA) which is notarized, this can be used to complete your divorce even if your spouse/partner did not respond. Your MSA will include information about your marriage/partnership, any child custody and visitation arrangements, payment of child support, payment of spousal support, and any property division.

  1. Complete the following forms:
    1. FL-165 (request for default),
    2. FL-170 (declaration for default),
    3. FL-180 (judgment), and,
    4. FL-190 (notice of entry of default).
  2. You must file and/or update form FL-144 (waiver of financial disclosure) if both you and your spouse/partner agree to waive the final disclosure. Otherwise, complete and prepare final financial disclosures using form FL-140 (financial disclosure), FL-142 (schedule of assets and debts) or FL-160 (declaration of community and separate property), FL-150 (income and expense declaration). When filing your final financial disclosure, you must include a written statement of how you arrived at the value of any community property, a list of investment opportunities that have occurred since separation, and your last two filed tax returns.
  3. Serve the final financial disclosures on your spouse/partner only if you and your spouse/partner did not agree to waive final financial disclosures. Do not file these forms but keep them for your records.
  4. Make two copies of the following forms and file them with the clerk of court:
    1. FL-141 (service of financial information) (if you and your spouse/partner did not agree to waive final financial disclosure),
    2. FL-144 (if you and your spouse did agree to waive final financial disclosure),
    3. FL-165 (request for default),
    4. FL-170 (declaration for default),
    5. FL-180 (judgment),
    6. FL-190 (notice of entry of default), and,
    7. The notarized MSA.
  5. Mail all forms and two large envelopes (with prepaid postage) to the clerk of the court. One large envelope should have your address and the other should have your spouse’s/partner’s address. A California Court judge will sign the FL-180 (judgment) without you or your spouse having to appear in court. The court clerk will then mail the judgment to both you and your spouse in the large envelopes you provided. In accordance with California law, your divorce will be finalized no sooner than at least be 6 months and 1 day from the date you served your spouse the initial petition.

Uncontested Divorce

Your spouse or partner has filed either a FL-120 (marriage petition response) or form FL-123 (domestic partner response) and will have paid a $435.00 filing fee. To complete your divorce, either you or your spouse/partner must do the following.

  1. Complete the following forms:
    1. FL-141 (service of financial information) (if you and your spouse did not agree to waive final financial disclosure),
    2. FL-144 (if you and your spouse did agree to waive final financial disclosure),
    3. FL-165 (request for default),
    4. FL-170 (declaration for default),
    5. FL-180 (judgment),
    6. FL-190 (notice of entry of default), and
    7. The notarized MSA.
  2. You must file and/or update form FL-144 if both you and your spouse/partner agree to waive the final disclosure. Otherwise, complete and prepare final financial disclosures using form FL-140 (financial disclosure), FL-142 (schedule of assets and debts) or FL-160 (declaration of community and separate property), FL-150 (income and expense declaration). When filing your final financial disclosure, you must include a written statement of how you arrived at the value of any community property, a list of investment opportunities that have occurred since separation, and your last two filed tax returns.
  3. Serve the final financial disclosures on your spouse/partner only if you and your spouse/partner did not agree to waive final financial disclosures. Do not file these forms but keep them for your records.
  4. Make two copies of the following forms and file them with the clerk of court:
    1. FL-141 (service of financial information) (if you and your spouse did not agree to waive final financial disclosure),
    2. FL-144 (if you and your spouse did agree to waive final financial disclosure),
    3. FL-165 (request for default),
    4. FL-170 (declaration for default),
    5. FL-180 (judgment),
    6. FL-190 (notice of entry of default), and
    7. The notarized MSA.
  5. Mail all forms and two large envelopes (with prepaid postage) to the clerk of the court. One large envelope should have your address and the other should have your spouse’s/partner’s address. A California Court judge will sign the FL-180 (judgment) without you or your spouse having to appear in court. The court clerk will then mail the judgment to both you and your spouse in the large envelopes you provided. In accordance with California law, your divorce will be finalized no sooner than at least be 6 months and 1 day from the date you served your spouse the initial petition.

Contested Divorce

Your spouse/partner filed a FL-120 (marriage petition response) or FL-123 (domestic partner response) and paid a $435.00 filing fee. You and your spouse/partner will have to appear in court where a California judge will decide any issues for which you and your spouse/partner cannot resolve. The issues to be addressed will be child custody, child support, spousal support, and property division. You and your spouse/partner can still agree to and enter a MSA on some of the issues and have the judge decide on any remaining issues.


CALL NOW TO MAKE AN APPOINTMENT

321-951-9164

For more more divorce assistance, click on one of the following links:

California Financial Disclosure Waiver

California Financial Disclosure Service

California Divorce Attorney

California Family Code

Law Offices of Edward Misleh

Web Site Search

This disclaimer provides that any information provided on this website by The Law  Offices of Edward Misleh, APC is strictly informational and should not be interpreted or considered as legal advice.  If you have a legal concern, you should contact our office to speak with a licensed California Attorney.  Delaying to contact an attorney could result in harm to your interests.

Attorney-Client Relationship

No Attorney-Client Relationship Created by use of this Website: Neither your receipt of information from this website, nor your use of this website to contact The Law Offices of Edward Misleh, APC or one of its attorneys creates an attorney-client relationship between you and The Law Offices of Edward Misleh, APC. As a matter of policy, The Law Offices of Edward Misleh, APC does not accept a new client without first investigating for possible conflicts of interests and obtaining a signed engagement letter. Accordingly, you should not use this website to provide confidential information about a legal matter of yours to The Law Offices of Edward Misleh, APC.

Contacting us by telephone, email or other means, or transmitting information to us, will not establish an attorney-client relationship. The attorney-client relationship can only be established after we have determined that we are able and willing to accept the engagement and we have entered into a written engagement agreement. Until then, do not send any confidential information to us unless we specifically request it. Information communicated without such authorization may not be treated as confidential, secret or otherwise be protected from disclosure, and The Law Offices of Edward Misleh, APC will not be precluded from representing parties adverse to the sender of such information in any matter.

No Legal Advice Intended

This website includes information about legal issues and legal developments. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances. You should contact an attorney for advice on specific legal problems.

No Guarantee of Results

Many of the practice summaries and individual attorney biography on this website describe results obtained in matters handled for The Law Offices of Edward Misleh, APC clients. These descriptions are meant only to provide information about the activities and experience of our attorney. They are not intended as a guarantee that the same or similar results can be obtained in every matter undertaken by our attorney; and, you should not assume that a similar result can be obtained in a legal matter of interest to you. The outcome of a particular matter can depend on a variety of factors—including the specific factual and legal circumstances, the ability of opposing counsel, and, often, unexpected developments beyond the control of any client or attorney.

Third Party Websites

As a convenience, this website may provide links to third-party websites. Such linked websites are not under the control of The Law Offices of Edward Misleh, APC, and The Law Offices of Edward Misleh, APC assumes no responsibility for the accuracy of the contents of such websites.

No Warranty or Liability

The information in this site is provided “AS-IS,” without representation or warranty of any kind, either express or implied, including, without limitation, any representation or warranty as to suitability, reliability, applicability, accuracy, merchantability, fitness for a particular purpose, non-infringement, result, outcome or any other matter. We do not represent or warrant that such information is or will be up-to-date, complete or accurate, or free from errors, viruses, spyware, malware, adware, worms or other malicious code, or will function to meet your requirements.

You agree that we are not liable to you or others in any way for any damages of any kind or under any theory arising from this site, your access to or use of or reliance on the information in this site, including, but not limited to, liability or damages under contract, tort or other theories or any damages caused by lost data, malicious code, denials of service (including computer crashes), business interruption or other commercial damages or losses, even if we may have been advised of the possibility of such damages.

Authorized Practice of Law

The jurisdiction in which our attorney is licensed to practice is in the State of California. The ability of our attorney to engage in any activities on behalf of a client outside that attorney’s state of licensure is subject to state statutes and professional codes and court rules. The Law Offices of Edward Misleh, APC does not seek, and this website is not intended to solicit, legal employment outside our attorney’s states of licensure that would constitute the unauthorized practice of law.

Intellectual Property Owned by The Law Offices of Edward Misleh, APC

Except as otherwise noted, all trademarks, photographs and other artwork, video clips, and written materials used in this site are protected by copyright laws and are owned or licensed by The Law Offices of Edward Misleh, APC. You may download information from our site for your temporary, personal, non-commercial use only. None of these items may be copied, reproduced, downloaded, posted, transmitted, broadcast or otherwise distributed in any manner without our prior written consent.

Privacy Policy
Site Map
Avvo - Rate your Lawyer. Get Free Legal Advice.
We gladly accept Visa, MasterCard, Discover, American Express.
Copyright 2023 The Law Offices of Edward Misleh, APC
Web site hosting by All Brevard Web Sites