Application Attachment. The respondent must file their documents and two (2) copies of each form with the court within thirty (30) days after the service date. Copies of the respondent’s documents must be served on the petitioner (see service instructions). After serving the petitioner, the respondent must file either a Proof of Personal Service or a Proof of Service by Mail, depending on the service method used. Step 6 – Financial Disclosures Within sixty (60) days of filing the petition, each party must disclose their finances in an Income and Expense Declaration, a Declaration of Disclosure, and either a Schedule of Assets and Debts or a Property Declaration. Attached to the paperwork must be all tax returns filed within the past two (2) years. Step 7 – Deliver Financial Disclosures A third-party aged who is eighteen (18) or older must deliver photocopies of each spouse’s financial disclosures and tax returns to the other. After delivery, each party must complete a Declaration Regarding Service of Declaration of Disclosure, make two (2) photocopies, and file both the original and photocopies with the court. Step 8 – Marital Settlement Agreement The spouses will need to define the terms of their separation in a Marital Settlement Agreement. In this document, the parties describe their decisions for alimony, child support, custody, and the division of marital assets and debt. The agreement must be signed by the spouses in the presence of a notary public. Step 9 – Complete Additional Paperwork Either spouse must fill out the following documents and prepare them for submission to the court: Step 10 – Court Orders If the spouses are asking the court to make orders for child custody, child support, alimony, or the division of assets and debt, the requesting party must review the documents below and fill out all forms that apply to their case. Once complete, the forms must be attached to the Judgment. Step 11 – Court Ruling Either spouse must prepare two (2) copies of each additional document/order and submit the entire package to the court along with two (2) large, stamped envelopes. A judge will review the forms to check for errors. If there are issues with the paperwork, the spouse may need to appear in court, or they may simply need to correct the errors. Once everything is in order and the divorce is granted, the judge will finalize the case by mailing a Judgment and Notice of Entry of Judgment to each spouse. Step 12 – Name Change If a name change was requested during the divor...
Application Attachment. The respondent must file their documents and two (2) copies of each form with the court within thirty (30) days after the service date. Copies of the respondent’s documents must be served on the petitioner (see service instructions). After serving the petitioner, the respondent must file either a Proof of Personal Service or a Proof of Service by Mail, depending on the service method used.
Application Attachment. These documents will be returned to the petitioner who must then file them at the courthouse. The discovery by the court during the pendency period of the case that a spouse committed domestic violence. Step 2 – Parenting Documents Spouses with children under the age of eighteen (18) will need to fill out a Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act. Step 6 – Financial Disclosures Within sixty (60) days of filing the petition, each party must disclose their finances in an Income and Expense Declaration, a Declaration of Disclosure, and either a Schedule of Assets and Debts or a Property Declaration. If there are issues with the paperwork, the spouse may need to appear in court, or they may simply need to correct the errors. Once everything is in order and the divorce is granted, the judge will finalize the case by mailing a Judgment and Notice of Entry of Judgment to each spouse. Each spouse’s needs according to the living standard established while married. Child Support (§ 3900 – 4253) – California courts follow these guidelines to determine the amount of child support given to a spouse. (Nullity, Dissolution, and Legal Separation) Alimony (§ 4320) – In determining spousal support (alimony), the court will consider the following factors: The degree to which each spouse’s earning capacity is sufficient to support the standard of living defined while married, with consideration of the following: The earning skills of the spouse receiving support, the job market for such skills, the expense and time needed for the spouse to obtain proper training or education to evolve such skills, and the potential need for further training or education to obtain other, more profitable employment or skills. The agreement must be signed by the spouses in the presence of a notary public. The clerk will keep the originals, stamp the copies, and return the copies to the petitioner. Once signed, the spouses must comply with the agreement terms to avoid damages resulting from a breach of contract. The criminal convictions of an abusive spouse. How to File for Divorce in California Divorce Forms Uncontested Divorce with No Children: Uncontested Divorce With Children: Step 1 – Petition for Divorce The person filing for divorce, the “petitioner,” must begin by completing a Petition – Marriage/Domestic Partnership. Be sure to ask more questions until you are comfortable that the terms are written the way you agreed. Step 12 – Name Change If a name chang...
Application Attachment. If additional space is needed to list any property/debts, a Property Declaration may be used. Note: If either spouse receives money or another form of help from the government to support a child from the marriage, or if there is a pending case for child support with a local agency, the petitioner must also serve copies of the forms on the child support agency from which the benefits are provided. If the spouses have minor children together, the respondent must complete a Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act.
