The information presented
below is also available in:
Microsoft
WORD Format
Adobe
Acrobat PDF Format
GOING TO COURT WITHOUT A LAWYER
A Guide for Handling Uncontested
 |
DIVORCE |
|
LEGAL SEPARATION |
|
ANNULMENT |
|
|
|||||||||||||||||||||||
|
|
||||||||||||||||||||||
This
brochure will help you understand the court process and fill out
the legal forms you will need for an uncontested Divorce,
Legal Separation, or Annulment. "Uncontested" means
that:
 |
You
and your spouse can agree outside of court about how you want to handle
money and parenting issues,
or |
|
Your spouse is unlikely to file any forms in court disagreeing with your requests. |
You can also ask the court clerk or Family Law Facilitator to show you the video "Going to Court Without a Lawyer."
This brochure can not help you with the court forms you need for a contested case or if you were never married.
Separation and divorce can be hard for everyone-even if you were the one who wanted it to happen. In addition, the legal process is complicated and often confusing. This is because the law must protect everyone's interests when a couple separates or divorces.
If there's been domestic violence, it is important to make a safety plan before you tell your spouse you want a divorce, legal separation, or annulment or file any legal papers. You can call your local domestic violence agency for assistance. If you want additional information you can ask for "A Guide for Persons Applying for Domestic Violence Protection Orders."
There are many feelings and day-to-day problems to handle when your marriage ends, especially if you have children. Although going through the court process can be a challenge, many people are able to finish the legal process on their own or with limited help from attorneys or other professionals, even if they make mistakes at first. You can avoid delays and spend less time in court if you take time to read this brochure and watch the video before you fill out any court forms.
CHOOSING THE RIGHT LEGAL FORMS
After you finish reading this brochure, you will need to get copies of the forms the court will use to decide your case.
Once you get some understanding of the forms and of how the court process works, you will be better able to protect your legal interests, and the process should go more quickly. Most people need more information and help (in addition to watching the video and reading this brochure) in order to be able to fill out their court forms. For this kind of help, contact your local bar association or lawyer referral service for a list of attorneys, including those who will reduce his or her fees for people with low-income or who will help you with just part of your case.
WHY GO TO COURT?
You may wonder why you have to go through this legal process - especially if you and your spouse have already agreed about how you will handle money and parenting issues. Getting married was a legal process. So is ending your marriage. Unless you have a court order ending your marriage or granting you a legal separation, you may continue to be responsible to and for each other financially (including loans and credit cards). Until you have a court order ending your marriage, you cannot marry anyone else.
GET LEGAL INFORMATION
You should consider getting help from a lawyer before you file any of your court forms. If you cannot afford to hire a private attorney, you should know that each California court has hired an attorney to give free help with child and spousal support problems. These attorneys are called Family Law Facilitators. Although the Facilitators can't represent either spouse in court, they can help in other ways. In some counties, the Facilitator gives classes to help people fill out court forms. Many Facilitators also have books and other materials written about the law and the courts, and they can tell you about the other resources such as lawyer referral services, legal aid clinics, and self-help law centers in your area.
SOME
LEGAL TERMS YOU NEED TO KNOW 
Annulment ("Nullity of Marriage"): A legal action that says your marriage was never legally valid because of unsound mind, incest, bigamy, being under the age of consent, fraud, force, or physical incapacity.
Arbitration: In Arbitration, an unbiased third party (usually an attorney) makes a decision settling a dispute out of court.
Court Order: A judge's decision that gives you certain rights or tells you to do certain things is called a Court Order.
Dissolution: A marriage that is ended by a judge's decision. This is also known as a Divorce.
Divorce: A common name for a marriage that is legally dissolved.
Family Law Case: Your divorce, legal separation, or annulment is called a family law case in this brochure.
Fee Waiver: Permission not to pay filing fees is given to some people with very low incomes. You can get fee waiver forms from the court clerk.
Filing a Form: Court forms are only considered "filed" when they are stamped by the court clerk. You can either take your forms to the clerk's office to be stamped, or mail them in.
Filing Fees: Court fees that must be paid to file certain forms, unless your request for a fee waiver is granted.
Legal Separation: You and your spouse can end your relationship but still remain legally married, and get court orders on parenting and money issues with a Judgment of Legal Separation.
Mediation: In Mediation, an unbiased third party helps you and your spouse reach agreements you both think are fair.
Negotiation: In Negotiation, you and your spouse find solutions on your own, or with the help of a lawyer or other third party.
Pro Per: If you are going to court without a lawyer, you are called a pro per.
Petitioner: This is the person who starts the family law case by filing the first court papers.
Respondent: If you did not start the family law case and you are named in this case, you are the Respondent.
QUESTIONS TO ANSWER BEFORE YOU START YOUR FAMILY LAW CASE
1. DO YOU WANT A DIVORCE, ANNULMENT, OR LEGAL SEPARATION?
There are three types of family law cases discussed in this brochure. The first type of family law case is a divorce (which is called "dissolution of marriage"). The second type of case is an annulment (which is called "nullity of marriage"). This is a rarely used proceeding which establishes that the marriage was never legally valid because of unsound mind, incest, bigamy, being under the age of consent, fraud, force or physical incapacity. The third type of case is a legal separation. A couple might choose to get a Judgment of Legal Separation if they want to live apart but do not want to get divorced. This might be for religious reasons or because an ill spouse is still covered by the other spouse's health insurance policy. A Judgment of Legal Separation will describe how you will handle the money and (if you have children) parenting issues. You cannot marry someone else if you are legally separated but not divorced.
If you were never married, you will need different forms to handle your case. Ask the Family Law Facilitator or an attorney about which court procedures and forms you must use.
2. IS YOUR FAMILY LAW CASE UNCONTESTED OR CONTESTED?
If you and your spouse can agree about the money and parenting issues in your divorce, legal separation, or annulment, then you have an "uncontested" case. For some, this means that your spouse won't even have to file a Response to your court forms. Most uncontested cases can be handled by mail or brief contacts with the clerk or judge. You may not have to go into court to handle your case.
If you and your spouse cannot agree on one or more issues, then your case is "contested." The judge will know that your case is contested if your spouse files a Response (a form that is explained in this brochure) that lists what he or she disagrees about. The judge cannot do anything to resolve the disagreement, however, unless you or your spouse files the necessary forms to set a court hearing or trial date so the judge can hear both sides. This brochure can not help you with the court forms you need for a contested case. If your case becomes contested, contact a private attorney or (if the case involves child or spousal support) a Family Law Facilitator.
If
your case starts out or later becomes contested, you may be able to work
out an agreement through negotiation, mediation, or some other process.
If you are able to reach an agreement in this way, your case can then become
uncontested. Once the case is uncontested, you can handle it without going
to a court hearing and can cancel any future court dates that may have
already been scheduled.
 ALERT!
If your spouse lives in another state or country with any of your minor
children, you should discuss your situation with a lawyer or Family Law
Facilitator before you file any papers. |
3. DO YOU MEET CALIFORNIA'S RESIDENCY REQUIREMENTS?
To
file for divorce in California, either you or your spouse must have lived
in:
|
California for the last six months, AND |
|
the county where you plan to file for the last three months. |
If
you and your spouse have lived in California for at least six months, but
in different counties for at least three months, you can file your case
in either county. The court you file in will be the court that handles
any future legal actions regarding this case. This sometimes changes if
you or your spouse establishes residency in another state.
NOTE:
You do not have to meet any residency requirements if you are asking
for a legal separation or annulment. If you want to file your family
law case in a California county but do not yet meet the residency requirement,
you can file first for legal separation, then file and serve a revised
Petition after you meet the residency requirement to ask the court
to grant you a divorce. |
4. WHAT ABOUT A SUMMARY DISSOLUTION?
Some
people can use an even easier process to end their marriage called Summary
Dissolution. This is not covered in this brochure. If
you meet the following requirements, ask your court clerk for the Summary
Dissolution forms and the separate booklet. This process is for people
who:
|
have
been married less than five years as of the date they file their Joint
Petition for Summary Dissolution of Marriage;
|
|
have
no children together that were adopted or born before or during the marriage
(and the wife isn't pregnant now);
|
|
do not own or have an interest in any real estate. This means a house, condominium, rental property, land, or a one-year lease or option to buy; |
|
do
not owe more than $5,000 total for debts acquired since the date of the
marriage (not counting vehicle loans);
|
|
have
less than $25,000 total property (not counting any money owed on the property
and not counting any cars) that was acquired during the marriage;
|
|
do
not have separate property (not counting any money owed on the property
and not counting any cars) worth more than $25,000;
|
|
agree
that neither spouse will ever get spousal support;
|
|
both
sign the Joint Petition and pay the court filing fees or get a fee
waiver;
|
|
meet
the residency requirements for getting a divorce in California; and
|
|
have signed an agreement before filing the Joint Petition for Summary Dissolution of Marriage that divides their property and debts. |
5. WILL YOU NEED MEDIATION?
Parents must go to mediation if they disagree about how they will make decisions about or spend time with their children. Mediators are trained professionals who can help parents agree about a parenting plan. You can go to a court mediator at no cost or hire your own. If there's been domestic violence, you have the right to bring a support person with you to mediation, and you can ask the mediator to meet separately with you (and your support person) without your spouse being present.
If you and the other parent agree on a parenting plan in mediation, the mediator will write a summary that the judge can use to make a court order. If you and the other parent cannot agree on everything, the judge may ask the mediator to recommend a decision. In some cases, the judge will order a mental health expert to meet with each parent, the children, and other important people in the children's lives to evaluate the case and recommend a decision to the judge. If you have a trial, the judge will listen to all of the information which you and your witnesses or experts have, and then decide what parenting plan is in the best interests of your child.
Mediation can work just as well to resolve the money issues in your family law case, but it is not mandatory. If you hire a private mediator, he or she might be able to help you agree about both money and parenting issues. Noncourt mediators are often either attorneys or mental health experts. The fees they charge often range between $50 and $250 an hour. Usually parents share this cost.
SIX
STEPS FOR AN UNCONTESTED
FAMILY
LAW CASE
You
must follow six steps to complete your family law case. You must complete
each step correctly and in order. While it is possible to get all of your
forms completed and processed by the court in about three months, your
marriage will not end any earlier than six months from the date
you have your spouse served with a copy of your Summons and Petition.
 |
1:
GET COURT FORMS
3: SERVE THE FIRST SET OF COURT FORMS |
STEP
1: GET COURT FORMS
Throughout
this brochure, we will give the full name and form number for each of the
forms discussed. You can compare the forms mentioned here to the ones you
receive from the court clerk by reading the form name printed at the center
of the bottom of each form. You
should note that each form is revised and updated from time to time.
You will find the form number and the date that the form was last revised
in the bottom left corner of each form.
|
A
LIST OF THE FORMS YOU MAY NEED
|
GENERAL INFORMATION ON COMPLETING COURT FORMS
Most people find it easier to fill out court forms by approaching each one, one section at a time. If you have questions, leave that section blank until you can get your questions answered. You can ask a private attorney or legal aid clinic for help in understanding and completing your court forms. You can also go to the law library and ask for books on how to fill out the paperwork.
Many of the forms have printing on both sides. This means you will have to be careful when making copies. It's easiest if you use two separate pages for copying the two sides of a form.
You
can get helpful information about your local court on the Internet at www.LawCA.com.
|
ALERT! Out-of-date forms will not be filed.
Court forms may change on January 1 or July 1 of each year. Out-of-date
forms will be returned to you without being filed. It is important that
you check with a private attorney, the court's Family Law Facilitator,
or the court clerk or on the Internet at www.LawCA.com/divorce.html
to make sure that the forms you use are the latest ones. You can check
the date the form was released by looking on the bottom left-hand portion
of the form. > |
TIPS
FOR FILLING OUT COURT FORMS
- All areas of the form must be filled out with complete, detailed, and accurate information (or "N/A" if it does not apply to you).
- You should type each form. However, some counties let you fill out your forms by hand. If they do, use ink only. Be sure your form is clear and readable. You may have to start over on a clean form if there are mistakes.
- Sign each form in each place that requires your signature IN BLUE OR BLACK INK ONLY.
- Make copies of all forms (including blank forms).
- Keep your court papers safe in a separate folder. Be sure you keep a clean copy of all of your court papers.
- Bring your complete court file with you every time you go to the clerk's office or to a court hearing.
- Always use your legal name, current address, and daytime telephone number in the box at the top of page 1 of each form. If you want your home address to stay private, you can use another address where you receive mail. Until you change that address with the court, the judge will assume you have received whatever legal papers were sent there.
- If you do not have a lawyer, you will use the term "in pro per" in the "Attorney for" line on all court forms.
- Check whether your court has any special local rules about what court forms you need or how the forms must be filled out.
FORMS YOU MUST USE
There
are two forms that you must fill out and file to start your case. If you
have children, there are three forms. In some cases, you may also need
to fill out and file several more forms. The first step of the court process
is to list who is involved in the case and what you are asking the court
to do. The forms you must use are:
|
Summons (Family Law), Form 1283/ FL-110 |
|
Petition (Family Law), Form 1281 / FL-100 |
|
Declaration Under Uniform Child Custody Jurisdiction Act, Form MC-150 (attach to Petition if you have children) |
OTHER FORMS YOU MAY NEED
If
you want temporary orders regarding child or spousal support, bill payment,
protection from domestic violence, or other issues, you will need to fill
out and file other forms, which are not covered in this brochure. The Family
Law Facilitator can help you with temporary orders for child or spousal
support. The other forms you may need include:
|
Property Declaration (Family Law), Form 1285.55 / FL-160. You can use this form to list your property and debts if you run out of room on your Petition (Family Law), Form 1281 / FL-100. |
|
Confidential Counseling Statement (Marriage), Form 1284 . Some courts require you to fill out and file this form to say whether you want marriage counseling. |
|
Local form on choosing the branch of the court for filing your case. Some counties have many branches of the superior court and require you to fill out and file a special form listing the court where you file your case. |
 |
NOTE:
You can use this brochure to find out the name of and get general information
about how to fill out and file each of the court forms. However, this brochure
does not give you line-by-line instructions on completing each form. |
NAME
OF FORM:
Petition
(Family Law), Form 1281 /
FL-100
PURPOSE
OF FORM: Used to start a Family Law Case;
list dates, children, property, debts.
GENERAL INFORMATION
Put your name, current address, and daytime phone number at the top of the form. If you do not have an attorney to represent you, you must add the words "in pro per" where the form says "Attorney for." Next, fill in the court name and address (and if necessary the district courthouse where you will file your Petition). If you are the person who starts the court case, you are the Petitioner, and your spouse is the Respondent. The court clerk will assign a case number when you file the first set of forms. Use this case number on all your forms.
Date
of Separation: This is usually the
date when you or your spouse moved out, or when the two of you permanently
stopped living as husband and wife, even if you stayed in the same house.
|
ALERT!
If
you have significant property, or a pension, or if there will be spousal
support issues, you should get legal advice from a family law attorney
about figuring out what the "date of separation" was, especially if there
have been times when you did not live together or had "trial separations". |
Minor Children: Only list the children under the age of 18 who were born to or adopted by you and your spouse together. You must fill out and file a Declaration Under Uniform Child Custody Jurisdiction Act, Form MC-150 to let the judge know where your child has been living and with whom, and if there are any other court cases involving custody of your child (including juvenile, guardianship, or domestic violence cases).
Listing of Property and Debts: First, you will have to list what you own (money or property) and what you owe (loans or debts). Then, you must say whether these things are owned by both of you (community property) or owned by one of you (separate property).
The property and debts part of the legal process is often so complicated, and the cost of making a mistake is so high, that it makes sense to meet with an attorney before filing these papers with the court. If you leave the property section of your Petition blank, then you are saying that there is no property or debt to consider. Check the appropriate boxes if you do not have property or debt to consider, or if you and your spouse already signed an agreement settling all the issues in your case and had it notarized.
If you need more room, you can list more assets or debts on the Property Declaration form or use a blank page that you label "Attachment to Petition (Separate or Community), Property Assets and Obligations." Try to fill in all the information for what you own and owe. Remember to list not only the house, cars, bank accounts, furniture, and appliances, but also any pension and retirement benefits, IRA accounts, 401k plans, life insurance policies, security deposits, and promissory notes. When listing debts, be sure to include unpaid taxes, medical bills, credit card accounts, and other loans or mortgages. You do not have to list individual personal property items (such as clothing, pots and pans, books, and other smaller items).
Community
Property: Except for
those things covered in the definitions section below, everything you acquire
while married is part of your "community property" (even if only one of
you earned or spent the money). Community property should be divided equally.
| ALERT!
Community property does not become separate property (even if you and your
spouse have agreed about who gets what) until the judge signs the final
court order. |
Separate
Property of a married person includes:
|
All property owned by the person before marriage; |
|
All property acquired by gift or inheritance that is especially for that person; |
|
The rents, profits, or other money earned from the separate property; or |
|
Property that is acquired after the date of separation. |
When listing separate property and debts, be sure to show whether it belongs to the Petitioner or the Respondent. Some things might be part separate and part community. For example, you or your spouse might have a pension or retirement benefit from a job you held both before the marriage and during the marriage, so the pension or retirement benefit would be part separate property and part community property. If you have signed an agreement either before or during the marriage that might change how the law treats a particular asset or debt, you should meet with an attorney to find out how this affects your family law case before filing your papers with the court.
Grounds for Divorce or Separation: If you want either a dissolution (divorce) or a legal separation, check the appropriate box. Then, check the box next to your reason for wanting the divorce or legal separation. Most people choose irreconcilable differences (meaning that you and your spouse cannot resolve your differences well enough to stay married). California law does not ask either spouse to show who was "at fault" to get a divorce or legal separation.
Grounds for Annulment (Nullity of Marriage): You should know that courts rarely grant this type of request, and there are time limits for filing for annulment. If you ask the judge to annul your marriage, you will have to prove in a court hearing that at the time of the marriage both of you were closely related (incest), or one of you was either: underage; still married to someone else (bigamy); of unsound mind; tricked or forced into getting married; or not physically able to be married.
Child Custody and Visitation: If you have listed any children under the age of 18 on the petition, you must check the boxes to show how you want the custody and visitation issues to be decided.
Legal Custody: Refers to who can make the decisions that affect a child's health, education, and welfare. Usually, with joint legal custody, both parents work together to make decisions regarding their child. However, unless the joint legal custody order lists the circumstances where joint consent is required, either parent alone can make these decisions. A parent with sole legal custody makes parenting decisions on their own, without consulting the other parent.
Physical Custody: refers to where the child lives. With joint physical custody, the child spends significant (but not necessarily equal) time living with each parent. When one parent has sole physical custody, the child lives primarily with that parent and has visitation with their other parent.
Child Visitation: Your visitation plan for your child can be either general or have lots of details. Many parents find that detailed plans work best. A detailed plan might list when and where the child will be picked up and dropped off, or how to split holidays and vacations or share birthdays. This kind of detail can help avoid arguments and help your children feel better, because everyone will understand how the agreement is supposed to work, and will know when they will spend time together. However, if you and your spouse can still decide things easily and cooperate regarding the children, a general agreement can be enough. For example, you might only list where your child will live during the school year and summer and that visits will happen every other weekend or when it's convenient.
Some parents ask the judge to decide that visits can happen only when another responsible adult is there. This is called supervised visitation. If you ask for supervised visits, you should say who the supervisor would be and how he or she will be paid.
Restriction on Travel with Child: A "Standard Family Law Restraining Order" (listed on the Summons) goes into effect as soon as the Petition is filed. This order stops either parent from taking the child out of California unless he or she gets the other parent's written consent before the travel occurs, or there is a court order allowing the travel. This restriction ends when the final Judgment has been signed by the judge and filed with the court, unless the court continues that restriction in the Judgment.
Spousal
Support: Spousal support is
another name for "alimony" or "maintenance" in California. Spousal support
is money that one spouse pays to help support the other after they separate.
If you disagree about support, a judge or family law commissioner will
decide who pays what, and how long support will last. The judge will consider
the length of the marriage; what each person needs, earns or can earn,
pays or can pay; whether having a job will make it too hard to take care
of the children; the age and health of the parties; debts and property;
and whether one spouse helped the other get an education, training, career,
or professional license. Either spouse can ask the court not to order
support, or to decide when support will end. If you want there to be no
spousal support, you can check the "terminate jurisdiction" box. If
you agree, or the judge approves your request to have no support, neither
of you may ever go back to court to ask for spousalsupport. If
you are considering asking for spousal support, your petition must show
a checked box asking that the court order spousal support. Also,
be sure to check the box regarding whether spousal support should be paid
to the Petitioner or Respondent.
|
ALERT! Spousal support is a difficult
legal issue. See a lawyer or the Family Law Facilitator about how much
spousal support might be ordered, how long it might last, and how it might
affect your taxes. In general, spousal support is tax-deductible for the
paying spouse, and taxable income for the supported spouse. |
Restoration of Former Name: Either spouse may ask to have their name changed back to the one he or she used before the marriage. To do this, check the appropriate box on the Petition, and then write or type in the former name.
Child Support: You do not need to check any boxes to request child support for minor children listed on the Petition.(See number 8 on the Petition.)
NAME
OF FORM:
Summons
(Family Law), Form 1283 / FL-110
PURPOSE OF FORM:
Tells your spouse that a court case has started and what will happen if
they don't respond in 30 days.
GENERAL INFORMATION
Write your names, the court's name and address, and the case number in just the same way as on the Petition. Be sure to read all of the information on the back of this form, including the restraining orders against out-of-state travel with your children without your spouse's prior written consent or a court order, canceling insurance, or getting rid of property without the other spouse's written permission or a court order unless you must sell the property to pay for the necessities of life. These orders affect you as soon as the Petition is filed. The orders affect your spouse as soon as he or she is served with the Summons and Petition. Step 3 explains how to file the Petition.
NAME
OF FORM: Declaration Under Uniform Child Custody Jurisdiction
Act, Form MC-150
PURPOSE
OF FORM: Tells
the court where and with whom your child has lived in the last five years
and other custody or visitation cases affecting your child.
GENERAL INFORMATION
Fill out the chart for each child under the age of 18. Be sure to fill out the information on the back regarding other court proceedings and other persons who have physical custody or claim to have custody or visitation rights. Attach this form to your Petition.
NAME
OF FORM: Property
Declaration (Family Law), Form 1285.55 /
FL-160
PURPOSE
OF FORM: Lists
by category each item of property and debt that you contend is community
or separate.
GENERAL INFORMATION
You only need this form if you run out of room on the Petition to list community and separate property and debts. Be sure to use separate copies to list your community and separate property and debts. You do not need to give values or list how everything will be divided when the forms are attached to your Petition. If you need more room to list everything, attach an extra page or use the last page where you will have more room.
FINISHING AND FILING THE FIRST FORMS
It is a good idea to have your first set of forms reviewed by an attorney before filing them with the court. This will allow you to make any needed changes before filing the forms with the court clerk.
You need an original and two copies of each form you file
with the court, except for the Summons. The clerk will file and keep the original of every form and stamp the two copies. The clerk will return the original Summons to you. (You will see a special stamp in the "seal" box on the lower left corner of the form.) Be sure to keep that original Summons with the seal in a safe place because it must be filed later with the Proof of Service form at the clerk's office after your forms have been "served" on your spouse (the next step). You will not be able to get a final Judgment if you do not file the original Summons with the Proof of Service form (unless there are grounds to file a Declaration of Lost Summons).
There is a fee of at least $185 to file your first forms. The court clerk will tell you the exact amount. If you file by mail, be sure to include a money order. If you file in person, bring a money order or cash to cover the filing fee. (Some courts accept personal checks or credit cards. Check with your local court.) If you have a very low income or are receiving certain benefits, you may be able to get your court fees waived. Ask the court clerk for the fee waiver forms to see if you qualify. If you do qualify for a fee waiver, then fill out those court forms and bring them with you when you file your first forms.
The law requires that your spouse be given formal notice that you have started the legal process to file for divorce, legal separation, or annulment. In fact, the judge cannot make any orders or judgments unless and until your spouse has been properly "served." Having your spouse properly served means that someone else either hands the forms to your spouse (known as "personal service") or mails them to your spouse. Anyone other than you can serve the forms, including friends, relatives, the county sheriff, or a process server over 18 years of age who is not a party to your family law case. You can't be the one to serve these forms on your spouse.
If you and your spouse are able to work together and are cooperating regarding your family law case, then the easiest and least expensive way to serve your spouse is by mail. The person serving the forms by mail must include two copies of the Notice and Acknowledgment of Receipt, Form 982 (a)(4) and an envelope with first class postage that is addressed to you, which your spouse must sign, date, and return to you.
If your spouse does not sign, date, and return the Notice and Acknowledgment of Receipt to you, you must have him or her personally served with the forms.
The other method of service is personal service, or having someone hand the forms to your spouse. If you hire a professional "process server," it helps to give him or her a picture of your spouse, and a list of times and places when it will be easier to find your spouse. You should also try to find a process server who is close to where your spouse lives or works, since a process server's fee is often based on how far he or she has to travel to serve your forms.
Whoever
serves these forms must give your spouse a clear copy of:
|
Each of the forms you filed with the court; |
|
A blank Response, Form 1282 / FL-120; and |
|
(if service is by mail), two copies of the Notice and Acknowledgment of Receipt, Form 982 (a)(4), and an envelope addressed to you with first class postage on it. |
|
NOTE: You cannot finish your family law case until you have
served your spouse and filed the Proof of Service of Summons
and other necessary forms with the court. Your divorce cannot
be final faster than six months after your spouse was served with the Summons
and Petition that have been stamped by the court clerk. |
After
your spouse has been served, you must show the court that your spouse was
properly served. This process for proving how your forms were served varies,
depending on how your spouse was served:
|
If your spouse was served in person: the person who served the forms must fill out a Proof of Service of Summons (Family Law), Form 1283.5 / FL-115 indicating when and where the papers were given to your spouse and file it with the original Summons. |
|
If your spouse was served by mail: the person who served the forms must fill out a Proof of Service of Summons (Family Law), Form 1283.5 / FL-115 indicating that your spouse was served by mail using the Notice and Acknowledgment of Receipt, Form 982 (a)(4). The Notice and Acknowledgment of Receipt which has been signed by your spouse must be attached to the Proof of Service of Summons (Family Law) and filed together with the original Summons (Family Law), Form 1283.5 / FL-115 at the court clerk's office. |
|
ALERT!You should get legal advice if you do not know where your
spouse is, if he or she is in the military, incarcerated, or living out
of state, or you are having a difficult time
serving the forms. |
NAME
OF FORM: Proof
of Service of Summons (Family Law), Form 1283.5
/ FL-115
PURPOSE
OF FORM: Shows
the court when and what forms were served.
GENERAL INFORMATION
Be sure to list your spouse's name and the court case number, in the same way they are listed on the Summons form. If the forms were handed to your spouse, the person who served your forms must fill in the date, time, and location of service. If service was by mail, your server needs to give the date and location where the forms were mailed and attach the Notice and Acknowledgment of Receipt, Form 982 (a)(4) that your spouse dated and signed. Finally, the server needs to sign the Proof of Service of Summons and fill in his or her name, address, and telephone number at the bottom of the form.
Serving District Attorney's Office: If you or your spouse gets welfare benefits for a child of this relationship (or if you have a support action pending with the district attorney), you must also have a copy of your filed forms served on the district attorney's office in the county where the benefits are being paid. You can use a Proof of Service by Mail, Form 1285.85, which you can get from the court clerk or the Family Law Facilitator. The district attorney can be served by mail.
The next step in the legal process is to fill out and serve your disclosure forms. State law requires you and your spouse to give each other written information about what you own and what you owe. If you leave anything out, either by mistake or on purpose, your property division can be set aside (meaning it won't be valid), and your case may be reopened.
This step in the process is meant to make sure that both you and your spouse are aware of everything you each own and owe so that you can divide your property and debts equally. It also provides the necessary financial information to make decisions about child and spousal support.
The first thing you do in Step 4 is to complete your Preliminary Declaration of Disclosure. While there is no specific deadline by which you must complete and serve your Preliminary Declaration of Disclosure, it can be helpful to do it as soon as possible after you complete Step 3, because you and your spouse can use the information on these forms to help you divide your property and debts, and reach agreements regarding support.
As explained later, you and your spouse may each have to prepare and serve a Final Declaration of Disclosure at the end of your case.
You do not file either of these Declarations of Disclosure with the court. Instead, each of you have your spouse served, by having another adult mail or hand your spouse a copy of these completed forms. You keep the original disclosure forms. The only form that you file with the court at this step is the Declaration Regarding Service of Declaration of Disclosure, Form 1292.05, to show that you have had these forms served.
Preliminary
Disclosure: You need to fill out:
|
Declaration of Disclosure, Form 1292 / FL-140 |
|
Income and Expense Declaration, Form 1285.50 / FL-150 |
|
Schedule of Assets and Debts, Form 1292.11 / FL-142 and |
|
Disclosure of investment opportunities since you separated, if any, that you write out on a clean sheet of paper. This is not a form. |
|
NOTE: Both you and your spouse are responsible for making
sure that the financial information you give each other is current. Therefore,
one or both of you may need to fill out and serve new Preliminary Declaration
of Disclosure forms as changes occur or you get new information about
what is owned and what is owed. This rule applies until your property is
distributed by agreement or court order. |
NAME
OF FORM:
Declaration
of Disclosure, Form 1292 /
FL-142
PURPOSE OF FORM:
Face sheet listing what is included with your Preliminary Disclosure.
GENERAL INFORMATION
For the preliminary disclosure, check the box on Form 1292 identifying you as the Petitioner or Respondent and the box indicating that this is your Preliminary Disclosure. Then check the boxes, and complete and attach the Income and Expense Declaration, Form 1285.50, and the Schedule of Assets and Debts, Form 1292.11. If either you or your spouse made any investments during the marriage, you must each inform the other in writing of any opportunities that occur as a result of those investments. If this applies to you, check the box regarding investment opportunities and attach a piece of paper explaining what the opportunity is, so that your spouse can decide whether he or she wishes to participate.
NAME
OF FORM: Income
and Expense Declaration, Form 1285.50 /
FL-150
PURPOSE
OF FORM: Gives your spousefinancial information.
GENERAL INFORMATION
This
four-page form can take a lot of time to complete. You may need help from
an attorney or the Family Law Facilitator. You need to gather financial
information from tax forms, your checkbook, bank or other account statements,
mortgage statements, and/or other loan papers. You might also need a calculator.
You don't have to fill out the last page, Form 1285.50c, if you and your
spouse do not have any children under the age of 18.
|
NOTE: FILL OUT PAGE 1 OF THIS FORM LAST! |
Start with page 2, Income Information. Make a list and add up all of the income you have gotten from all sources in the last 12 months. You will need to have a total for both the last 12 months and the most recent month. You must also give information about the deductions from your paycheck. All of the numbers you list must be monthly totals. You must state the value of any property you own. Be sure to attach copies of your three most recent pay stubs.
On page 3, Expense Information, list your average monthly expenses for each item on the form. One way to do this is to take the total of your household expenses for 12 months, then divide the total by 12 to get an average. If you own a house, this includes your monthly mortgage interest payment, property taxes, and homeowner's insurance. You must also list your debts.
Only fill out page 4, Child Support Information, if you and your spouse are the parents of children under age 18. Here, you must figure out the percentage of time you and your spouse each have, or will have, with your child. Unless your court has a different way for figuring this out (check with the clerk for any local rules about this or check with an attorney), add up all the hours that the child spends each year with one parent (including holidays and vacation periods). Then, divide that by the total number of hours in the year (8,760) to get a percentage. The other parent has the remaining percentage. If you have children under the age of 18 from another marriage or relationship who live with you and whom you are legally required to support, be sure to list their names and ages under the "hardship" section.
On page 1, Income and Expense Declaration, you must give information about you and your spouse and list the totals from certain lines of the other three pages of the form.
NAME
OF FORM: Schedule
of Assets and Debts, Form 1292.11
/ FL-142
PURPOSE
OF FORM: List
of property and debts.
GENERAL INFORMATION
You can list this information in one of two ways. You can either use the Schedule of Assets and Debts, Form 1292.11, or you can make your own form on a clean sheet of paper by putting "Preliminary Declaration of Disclosure" and your name and case number at the top of the page.
If
you use the Schedule of Assets and Debts form, you can simply list
your assets and liabilities and your percentage of ownership or responsibility
for debts. If you and your spouse own property (or have a debt) with a
third party, you must state your individual percentage of ownership
or liability. You can wait until you prepare the Final Declaration of
Disclosure to provide the other information requested on the Schedule
of Assets and Debts form (date you acquired the asset or liability,
current gross fair market value, and the amount of money owed or encumbrance).
| ALERT!
Most people need legal advice to know how to fill out and file the Schedule
of Assets and Debts. |
Final
Disclosure: The Final Declaration
of Disclosure is more detailed than the preliminary disclosure.
However, you do not have to file a Final Declaration of Disclosure
if:
|
You and your spouse agree to skip ("waive") your Final Declarations of Disclosure; |
OR
|
your spouse has not filed a Response to your Petition for Dissolution of Marriage, Legal Separation, or Nullity or any other papers with the court and has not signed a written and notarized settlement agreement (in Step 5 this is called an "option A" case). |
If
you and your spouse agree to skip ("waive") your Final Declaration of
Disclosure, there must be very specific language in your written settlement
agreement about the waiver. If you and your spouse want to waive your Final
Declaration of Disclosure, be sure to check with an attorney about
how to do it.
|
NOTE: If you do not need to fill out
a final disclosure, you can go directly to Step 5. |
If you need to do a final disclosure, you must fill out all of your Final Declaration of Disclosure forms, keep the original set of forms, and make one copy of everything for your spouse. You must have these forms served by mail or in person before or at the time the two of you sign your settlement agreement. If your case is contested, all of this
must happen at least 45 days before your "first assigned trial date." You may have the final disclosure either mailed or hand delivered to your spouse by an adult other than yourself.
For
your final disclosure, you need to fill out:
|
Declaration of Disclosure, Form 1292 / FL-140; |
|
Income and Expense Declaration, Form 1285.50 / FL-150; |
|
Schedule of Assets and Debts, Form 1292.11 / FL-142; |
|
Statement of material facts and information regarding valuation of community property assets and regarding community obligations (not a form); |
|
Disclosure of investment opportunities since you separated, if any, that you write out on a clean sheet of paper. This is not a form; and |
|
Declaration Regarding Service of Declaration of Disclosure, Form 1292.05 / FL-141. |
NAME
OF FORM: Declaration
of Disclosure, Form 1292 /
FL-140
PURPOSE
OF FORM: Cover sheet listing completed forms.
GENERAL INFORMATION
Fill out a new Declaration of Disclosure, Form 1292 face sheet. Check the "Final" box, as well as the boxes for all other attachments that apply in your case. You must attach an updated Income and Expense Declaration, Form 1285.50, and a Schedule of Assets and Debts, Form 1292.11 (remember that this time you have to fill out all the columns on this form). You must also provide a "statement of material facts and information" regarding the value of community property assets and liabilities. Check with an attorney if you have any questions about this. Also be sure to attach a list of any investment opportunities that have come up when you file your Final Declaration of Disclosure.
NAME
OF FORM: Declaration
Regarding Service of Declaration of Disclosure, Form 1292.05
/
FL-141
PURPOSE
OF FORM: Shows when and how the preliminary and final disclosures
were served.
GENERAL INFORMATION
Be sure to list yourself and your spouse correctly as the Petitioner or Respondent. Have the person who served your completed Declaration(s) of Disclosure form on your spouse sign this form.
A quick review. Do not file either your preliminary or final Declaration of Disclosure with the court. Instead, each of you must file with the court the Declaration Regarding Service of Declaration of Disclosure, Form 1292.05 / FL-141, to show that you have completed these steps. You cannot get a final Judgment without filing this form.
 |
In Step 5, you will fill out and file the last set of forms before you fill out the Judgment, which is the last step of your family law case. The forms you fill out in Step 5 vary, depending on your individual situation. To make this easier to understand, we have created three "options" that describe most uncontested cases. Once you decide which type of case you have, you only need to follow the instructions that apply to you (option A, B, or C). Some of the forms you need are described on pages 57 through 61. Check with an attorney or the court clerk for any local rules that apply to the forms used in Step 5. |
"OPTION A": YOUR SPOUSE DOES NOT FILE OR SIGN ANY FORMS.
If
your spouse chooses NOT to file a Response and does not wish to
sign any agreement or participate in these proceedings, we will call yours
an option A case. For option A cases, you only need to fill
out and serve a preliminary disclosure during Step 4. During
Step 5, people with option A cases must complete and file the following
forms:
|
Request to Enter Default (Family Law), Form 1286 / FL-165 with completed Proof of Service section; |
|
Income and Expense Declaration, Form 1285.50 / FL-150 if support is requested in the Judgment, or you've been married at least 10 years; |
|
Property Declaration (Family Law), Form 1285.55 / FL-160 if there is separate property or debts to confirm, or community property or debts to divide in the Judgment. |
Step
6 describes how option A people must prepare and file the following
additional forms:
|
Declaration for Default or Uncontested Dissolution or Legal Separation (Family Law), Form 1286.50 if you want your proposed Judgment reviewed and filed without a court hearing; |
|
Notice of Entry of Judgment (Family Law), Form 1290 / FL-190; |
|
Judgment (Family Law), Form 1287, a face sheet with attachments that you prepare on blank paper and/or form attachments: Child Custody and Visitation Order, Form 1296.31A / FL-340. |
If
support orders are being requested in the Judgment, also include
the following forms:
|
Spousal or Family Support Order Attachment, Form 1296.31C; |
|
Child Support Information and Order Attachment, Form 1296.31B; |
|
Notice of Rights and Responsibilities-Health Care Costs and Reimbursement Procedures, Form 1285.78 / FL-192; |
|
Information Sheet on Changing a Child Support Order, Form 1285.79 / FL-192 side 2; |
|
Child Support Case Registry, Form 1285.92 / FL-191; |
|
Wage and Earnings Assignment Order, Form 1285.70 / FL-435 (if spousal support is requested); |
|
Order/Notice to Withhold Income for Child Support, Federal Form 0970-0154 (if child support or family support is requested). |
"OPTION B": YOUR SPOUSE DOES NOT FILE A RESPONSE BUT DOES SIGN A SETTLEMENT AGREEMENT.
If your spouse chooses NOT to fill out and file a Response, and both of you have signed and notarized a marital settlement agreement or stipulated judgment that covers all of your money and parenting issues, then we will call yours an option B case. In some counties, your spouse won't have to pay a filing fee for this step.
Step
6 describes how option B people must prepare and file the following
additional forms:
|
Request to Enter Default, Form 1286 / FL-160; |
|
Declaration for Default or Uncontested Dissolution or Legal Separation (Family Law), Form 1286.50 if you want your proposed Judgment reviewed and filed without a court hearing; |
|
Judgment (Family Law), Form 1287 / FL-180, is a cover sheet to which you attach the marital settlement agreement or stipulated judgment; |
|
Notice of Entry of Judgment (Family Law), Form 1290 / FL-190; |
|
Income and Expense Declaration, Form 1285.50 / FL-150 (some counties require you to file this form whenever you ask for support orders in the Judgment, or if the marriage lasted more than 10 years, even if you haven't asked for support orders). You may be able to use the same one you completed as part of your Final Declaration of Disclosure. |
If
support orders are being requested in the Judgment, also include
these forms:
|
Notice of Rights and Responsibilities-Health Care Costs and Reimbursement Procedures, Form 1285.78 / FL-192; |
|
Information Sheet on Changing a Child Support Order, Form 1285.79 / FL-192 side 2; |
|
Child Support Case Registry, Form 1285.92 FL-191; |
|
Wage and Earnings Assignment Order, Form 1285.70 / FL-435 (if spousal support is requested); |
|
Order/Notice to Withhold Income for Child Support, federal Form 0970-0154 (if child support or family support is requested). |
"OPTION C": YOUR SPOUSE HAS FILED A RESPONSE AND SIGNED A SETTLEMENT AGREEMENT.
If your spouse has filed a Response and you both have signed a written marital settlement agreement or stipulated judgment resolving all issues, then we will call yours an option C case. You will have to fill out and both of you must sign an Appearance, Stipulations, and Waivers form. After your spouse has signed and returned this form to you, you will need to file this form with the court.
Step
6 describes how option C people must prepare and file the following
additional forms:
|
Declaration for Default or Uncontested Dissolution or Legal Separation (Family Law), Form 1286.50 FL-170 if you want your Judgment reviewed and filed without a court hearing; |
|
Judgment (Family Law), Form 1287 / FL-180, is a cover sheet to which you attach the marital settlement agreement or stipulated judgment; |
|
Notice of Entry of Judgment (Family Law), Form 1290 / FL-190; |
|
Income and Expense Declaration, Form 1285.50 / FL-150. Some counties require that you file this form if you are asking for support orders or you have been married over 10 years, even if you are not asking for support. You may be able to use the one you completed as part of your Final Declaration of Disclosure. |
If
support orders are being requested in the Judgment:
|
Notice of Rights and Responsibilities-Health Care Costs and Reimbursement Procedures, Form 1285.78. |
|
Information Sheet on Changing a Child Support Order, Form 1285.79 / FL-190. |
|
Child Support Case Registry, Form 1285.92 /FL-191. |
|
Wage and Earnings Assignment Order, Form 1285.70 / FL-435 (if spousal support is requested); |
|
Order/Notice to Withhold Income for Child Support, Federal Form 0970-0154 (if child support or family support is requested). |
NAME
OF FORM: Request
to Enter Default (Family Law), Form 1286
/ FL-165
PURPOSE
OF FORM: (Used
in option A and B cases.) Informs your spouse that you plan to
get a "default" judgment.
GENERAL INFORMATION
A default judgment ends a spouse's chance to file a Response. This allows you to get a Judgment based on your Petition (option A), or based on the signed settlement agreement (option B). Be sure to have someone over 18 (other than you) sign the "Declaration" portion of the form showing who mailed your spouse a copy of this form. You can sign and date the remaining portions of this form. You will have to give the clerk an extra copy and a stamped envelope addressed to your spouse so that the clerk can mail a filed copy of this form to your spouse.
|
ALERT!You
need to get legal advice if your spouse is currently in the military. Special
rules apply if you are attempting to ask for a default judgment against
a member of the military. |
NAME
OF FORM: Property
Declaration (Family Law), Form 1285.55
/ FL-160
PURPOSE
OF FORM: Used
in option A cases to list separate property,community property, debts.
GENERAL INFORMATION
You may already have filled out this form as an attachment to your Petition. If so, this time you may need to add some information. Be sure to use different forms for your community and separate property and debts. This time, you have to fill in all of the columns showing how much things are worth and how you think they should be divided between you and your spouse. California law requires an equal division of the community property and debts. For this reason, you need to make sure that the total value of property less the debts is nearly equal for each spouse, or the judge may not approve your proposed Judgment. If you need more room to describe the property, make an attachment, use the last page, or use the Property Declaration, Form 1285.55 / FL-160 to continue the listings that you can't fit on the first two pages.
NAME
OF FORM:
Income
and Expense Declaration, Form 1285.50
/ FL-150
PURPOSE
OF FORM: Used
in all option A cases, some option B and C cases to calculate support,
ask for cost reimbursements.
GENERAL INFORMATION
You should have already filled out this form for your preliminary disclosure (Step 4). If the information is the same, you can make a photocopy of the same form you already filled out (but put the current date on the form and sign it again), and attach your three most recent pay stubs. If there have been changes, then you must fill out a new form and attach your three most recent pay stubs to that form. Some counties require this form any time someone asks for support or has been married for more than 10 years, even if you have already agreed to an amount in a marital settlement ag