You may be surprised how many people come to A People’s Choice for legal document assistance shocked by the complexity of California divorce forms. While divorce without a lawyer in California is possible, completing and filing the legal paperwork on your own is no easy feat. In fact, without a legal education or background, it can be difficult to understand how to correctly fill out divorce papers.
If you are involved in a DIY divorce and need help completing the paperwork, contact A People’s Choice! We are here to help you accurately complete your documents and file them with the court in a timely manner. However, in the meantime, continue reading for explanations of some of the most important forms in California divorce.
If you search the California Courts’ Self-Help website, you will be inundated with an extensive list of legal documents relevant to divorce. However, keep in mind that you may not require all of these documents in your proceedings. As a result, it’s important to understand the purpose of every form. Plus, you should have a solid understanding of your situation and the steps you must take toward dissolution.
That said, there are some common forms that most – if not all – divorcees in California will require. For example, a petitioner initiating the dissolution of a marriage will need to complete the following documents:
FL-100 Petition for Dissolution of a Marriage or Domestic Partnership
If you are the petitioning spouse, Form FL-100 is the first legal document you will complete during your divorce. This form provides the court pertinent information to your marriage or domestic partnership. Additionally, it identifies what type of termination you are seeking (dissolution or divorce, nullification, or legal separation). Generally speaking, FL-100 gives the court a broad understanding of your circumstances, including:
- residency;
- length of marriage or partnership;
- children, including custody preferences and support;
- spousal support; and
- separate and community property.
FL-110 Summons
Along with FL-100, you must submit Form FL-110 Summons upon filing for divorce. This is the same form that will be served on your spouse to alert them of the divorce. This form is much simpler than FL-100 as it only requires your spouse’s name, court information, and your or your attorney’s contacts.
Miscellaneous Forms Due Upon Initial Filing and Service
In addition to FL-100 and FL-110, the remaining forms required to initiate your divorce depend on your personal circumstances. For example, if you and your spouse share minor children, you must complete Form FL-105 Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). Further, the court provides additional optional forms to provide more information to your spouse if you so choose.
If you are the respondent in your divorce case, the petitioner has already served you with forms FL-100 and FL-110. Plus, perhaps you have received FL-105 and other miscellaneous documents. Additionally, the court will add to your papers Form FL-120 Response to Petition for Dissolution. This is the first form you will complete if you choose to respond to the petition.
FL-120 Response to Initial Petition for Dissolution
Form FL-120 is nearly identical to the FL-100 Petition. Ultimately, this form provides the court with critical information about the marriage or partnership from your perspective. For instance, a spouse may choose to file a response to a petition with an inaccurate list of community property. Correcting this error and bringing the matter to the court’s attention will be imperative in accurately dividing property upon finalizing the divorce. Finally, like the petitioner, you may also complete additional forms such as Form FL-105 depending on your personal circumstances.
Either before or within 60 days of serving the respondent, the petitioner must complete preliminary disclosures. Then, they must also serve these documents on the respondent in addition to the petition. Further, if the respondent chooses to file a response, they must also complete preliminary disclosures to serve on the petitioner within 60 days of filing a response.
While most preliminary disclosure forms will not be filed with the court, they play an important role in the division of property during California divorce. For example, many individuals in California fail to understand the definition of “community property“. This term is incredibly important as California is a community property state. In other words, community property is divided evenly between divorcing spouses. Thus, the preliminary disclosures help both parties understand the property at stake.
Preliminary disclosures include the following forms:
FL-140 Declaration of Disclosure
Form FL-140 is a cover sheet listing all of the attached documents within the preliminary disclosures. For example, in addition to the required legal documents, petitioners and respondents must include:
- all tax returns filed in the past two years;
- a statement regarding valuation of all community property;
- a statement regarding obligations for which the community is liable;
- an accurate and complete written disclosure of any investment opportunity, business opportunity, or other income-producing opportunity presented since the date of separation; and
- two pay stub copies.
Note that this is not an exhaustive list of attachments for preliminary disclosures.
FL-150 Income and Expense
The next part of the preliminary disclosures, Form FL-150, requires the following income and expense information:
- employment;
- income from all employment;
- age and education;
- tax information;
- estimation of other party’s income;
- investment income;
- change of income;
- deductions;
- assets;
- individuals living in the home;
- average monthly expenses;
- debts;
- attorneys fees; and
- child support information including number of children, healthcare costs, and special hardships.
FL-142 Schedule of Assets and Debts OR FL-160 Property Declaration
In Form FL-142, the petitioner and/or respondent must list ALL of their assets. This includes community and separate property. Additionally, it includes real and personal property as well as cash assets, debt, and bank accounts. Alternatively, parties may choose to use Form FL-160 to list their property. Both forms ultimately provide the same information.
FL-141 Declaration Regarding Service of Declaration of Disclosure
Finally, Form FL-141 tells the court you served your preliminary disclosure as required. Note that this is the ONLY part of the preliminary disclosure that you file with the court.
Unfortunately, this is where the consistency in California divorce forms ends. The forms required to complete your California divorce will depend entirely on the situation at hand. For example, if the respondent does NOT file a response and the parties reach an agreement, they may require a Request to Enter Default Form FL-165. On the other hand, if the respondent does not file a response and the parties do not have an agreement, the petitioner can use Form FL-170 Declaration for Default or Uncontested Dissolution or Legal Separation. Finally, if the respondent files a response and the parties do NOT reach an agreement, the parties must go to trial for the court to hear the case. However, the required forms for finalizing a divorce will vary and will include more than one document.
Get Help With Your California Divorce Forms
Clearly, completing and filing the required forms for a California divorce is no simple feat. Collecting all relevant information, listing it completely and accurately, and serving or filing the paperwork within the allotted time is incredibly stressful. Plus, the documents only increase in complication if the divorce becomes contentious.
While the California Courts’ Self-Help resources are beneficial for DIY divorcees, they don’t always provide the support needed. For example, Self-Help Centers are not always open to assist you. Therefore, if you are completing your divorce paperwork without an attorney, consider hiring a legal document assistant such as A People’s Choice. We are not attorneys and cannot provide legal advice; however, we do provide one-on-one personalized assistance with completing and filing California legal forms.
A People’s Choice has over 40 years’ experience helping clients with their California divorce paperwork. Plus, we offer low-cost, flat-fee services tailored to your exact needs. But don’t take our word for it! Check out what our past clients have to say. Then, when you’re ready to get started, give us a call at 1-800-747-2780 to learn more about how we can help.
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