Posted by DivorceLine in If you’re pursuing divorce, there’s a lot of paperwork involved. Regardless of whether the divorce is contested or uncontested, you’ll still Want to file a lot of forms with the court if You’re the one pursuing divorce.
To get divorced in California, you do not Will need to have been married there, necessarily, but at least one of you (either you or your spouse) will Want been a legal resident of the state for the six months just before acquiring divorced. You’ll use the Superior Court of the county in which the resident spouse has lived for at least three months just before you file the forms to pursue an uncontested divorce.
Here’s a brief rundown of every form you will Need to have to file to pursue an uncontested divorce:
Form FL-100
This is the form you will file if you Require to pursue a California uncontested divorce. Note: the filing this form does not mean your divorce is in fact going to be uncontested, but instead details the general terms of the divorce as you’d like to see them take place. After you file this form, your spouse will have a chance to respond, often 30 days.
In this form, you break down how you’d like to settle alimony and child custody, how you’d like to divide assets, and other rights. Once more, it doesn’t guarantee that your divorce will in fact be uncontested; in other words, your spouse could not agree to the divorce terms as you have set them out, even if your spouse is truly in agreement and wants a divorce, as well. In addition to filing the form itself, you’ll also file supporting documentation.
Form FL-110
Form FL-110 is a summons. The summons is meant to elicit a response from your spouse. You will present both of these forms to the clerk with a $350 filing fee, and it’s completed in triplicate. The original of every is filed, and the other two are conformed, with one copy of every of the two diverse conformed copies to be served on the other spouse by the spouse who is petitioning for divorce.
Form FL-140
This form is filed along with the other two, which is a declaration of disclosure. This is attached to a detailing of the marriage’s debts and assets, expenses and income, and other statements describing any obligations or property.
Form FL-115
Form FL-115 is a “proof of service form”, meaning that the documents have been served on the respondent in the divorce. If you can’t come across your spouse to serve papers, you’ll ordinarily Require to publish the summons and local periodicals for at least a month.
Other feasible forms:
Form FL-165
Form FL-165 is a “request to enter default”, which you can normally file if your spouse does not respond to your summons after 30 days. At that point, the court usually considers the divorce to be uncontested, and handles it as such.
Form FL-170
If your spouse agrees with the divorce and its terms, you can move forward and develop a marital settlement agreement and file FL-170 Form, uncontested dissolution.
Forms FL-180 and FL-190
With FL-180, You’re filing for judgment, and then Form FL-190 is the notice of entry of judgment. These two documents is give the court the means to in fact make your divorce official and legal.
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