I want a divorce. What forms do I file?
There are a number of divorce forms that many be needed when you file 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 – Petition
I want to file first. What forms do I use to file for divorce?
If you are the person filing, you will be known as the “Petitioner.” As Petitioner, you will be filing a Petition for Dissolution of Marriage. In this divorce form, you will be asking the court to dissolve your marriage and to deal with any other issues that surround your divorce. Other issues can be child custody, child support, spousal support, property division, debt division, and payment of attorney fees and court costs. How your case is subsequently handled depends on what your spouse does. Your spouse, who is now known as the “Respondent,” can either not respond, cooperate and settle, or can respond contesting any or all issues mentioned in the petition.
Click on the following link for a free copy of a divorce petition:
Marriage/Domestic Partnership FL-100
Click on the following link for more information on filing for divorce or legal separation:
Legal Steps for a Divorce or Legal Separation FL-107-INFO.
Initial Divorce Forms – Summons
What is a summons? What do I do if I get a summons?
The summons give notice to your spouse that a case has been filed. The summons also contains Automatic Temporary Restraining Orders (ATROs) which restrict you and your spouse from taking certain actions. Once served, your spouse or domestic partner has 30 days to respond to avoid a default.
Click on the following link for a free copy of a summons:
Family Law FL-110
Click on the following link for more information about your summons:
Initial Divorce Forms – Proof of Service
What is proof of service? How do I serve my spouse?
The proof of service tells the court that you served your spouse with divorce papers. The proof of service is important and will be needed should you have to file for a default.
Click on the following link for a free copy of a proof of service: Family Law – Uniform Parentage –Custody and Support FL-115
Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act
What is the UCCJEA? Do I have to fill out this form?
If you have children under the age of 18 with your spouse or domestic partner, you will need to provide the court with information about those children. This form tells the judge who the children have been living with and if any other custody orders exist that involve this case
Click on the following link for a free copy of a Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) FL-105/GC-120
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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