The California court system relies on numerous forms to process divorces. The information you provide in these documents helps officials understand your estate, what you want, and what you've agreed to as a couple.
You'll become very familiar with California's forms as you move through the divorce process. Seeing all the divorce paperwork you might need to complete in a list can be intimidating, but know that most forms require little more than a few checkboxes and some supporting documents. You'll be an expert in no time. You can also ask for help from your account coordinator if you are a Pro client or above.
These are the forms you'll use at each step of the divorce process, along with some advice on key sticking points.
Three forms start the divorce process. They are as follows:
If you share children, you also need these forms:
Notify the court with the form Request for Order (FL-300) if some divorce details are too sensitive to wait. You'll need to attach more forms to this one to specify just what you want to happen next.
Additional forms include the following:
Make two copies of every form you fill out.
Take the forms you’ve filled out to the courthouse in your California county (find it here). Give your original paperwork and the two copies to the clerk, who will stamp them and give two copies back to you.
Prepare to pay a fee of $435 to $450 to file your forms. If you can’t afford this fee, fill out the Request to Waive Court Fees form (FW-100). If you receive public benefits, have a low household income, or struggle to cover basic household fees, you may qualify.
Notify your spouse of the impending court case through a technical process called serving. Find an adult unconnected to your case (your server) to help you. Give your server the official copies of the paperwork you got back from the clerk, along with a blank Marriage/Domestic Partnership form (FL-120). Your server will personally hand the documents to your spouse.
Give your server a Proof of Service form (FL-115). Once the handoff is complete, the server will fill out this form and give it to the clerk at the courthouse you’ve chosen.
Financial information is crucial, and you're required to share it with your spouse within 60 days of filing for divorce. The four forms you must fill out and provide to your spouse are as follows:
Your spouse is required to respond within 30 days to the papers you’ve served. If they don't, the court can make decisions without their input.
Your spouse will use the blank Response – Marriage/Domestic Partnership for (FL-120) you served. Your spouse must also provide versions of all of the financial forms you sent.
Your spouse will file these documents with the court you’ve chosen, and you’ll get official copies served.
As part of your divorce, you must agree on ownership and obligations. These are sensitive discussions, but you don't have to hold them in person. You could hammer out details via email, or you could hire a mediator to help you agree.
Dividing property is relatively simple. Each person should keep the property they entered the marriage with, and any community property is split fairly equally.
Debt is harder, especially if one party ran up credit cards. You could sell off jointly owned items to pay off the debt together. You could also determine who is the person best capable of paying off the debt and give that person more community property as payback.
At the end of your conversation, document your arrangements in a formal agreement using a template like this.
Once you've settled all decisions about debt, property, and children, it's time to complete the process.
Attach your signed agreement to the form Judgment (FL-180). Fill out additional forms, including these:
If you're not sure you've completed all the forms you need, use the Judgment Checklist - Dissolution/Legal Separation (FL-182) as a final check.
Once you're done, you could go to court to complete your agreement and finish the process the same day. Visit your court's Self-Help Center to find out more.
We’ve discussed serving divorce papers via an adult unconnected to your case. This can be a quick and easy way to notify your spouse about the upcoming case, but it’s not your only option.
If you don’t have an adult you trust to work as your server, you could hire a professional process server to complete this step for you. Or, you could ask the county sheriff to serve. Both of these choices come with fees, which can vary dramatically.
If you’re on good terms with your spouse and are sure they’ll work with you, the U.S. Postal Service can help . Prepare all the documents and ask another adult to mail them to your spouse. Fill out the top part of the Notice of Acknowledgement and Receipt form ( FL-117 ), and give it to your server. That person will sign FL-117, make a copy of it, and mail the documents. Your spouse will sign FL-117 and mail it back to your server. When it arrives, it can be filed with the court.
As you fill out divorce papers in California, you may encounter some words and phrases that seem unfamiliar or strange. This quick glossary might help: