Download these forms, file them with the court, and have them served to your spouse
Forms to begin the process in California
- Petition – Marriage/Domestic Partnership (Form FL-100)
- Summons (Form FL-110)
- If you have children – Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (Form FL-105/GC-120)
Financial Disclosure Forms
These forms will also be needed but can be filed after the forms above. These are the forms most commonly used to disclose your financial status to the court. The court will use this information to determine how to divide assets for the divorce. It is important that you have all of the information from the previous step.
- Declaration of Disclosure (Form FL-140)
- Schedule of Assets and Debts (Form FL-142)
- Income and Expense Declaration (Form FL-150) OR Financial Statement Simplified (Form FL-155)
Once these forms are completed, they also must be filed with the county and served to your spouse.
File them with the county
- First, make a copy of the completed paperwork.
- Take them to the county and file them with the clerk. Fees will apply and vary.
Have these papers served to your spouse
After you get the documents processed by the court, you must serve your spouse with the papers. You must find someone to serve the papers. You may not serve divorce papers to your spouse. You can have a friend or a professional service company serve the papers.
You will need these forms to prove that your spouse was served:
- Notice and Acknowledgment of Receipt (Form FL-117)
- Response – Marriage/Domestic Partnership (Form FL-120)
- Proof of Service of Summons (Form FL-115)
After the forms are filed, you must wait at least 6 months and 1 day to determine what happens next.
Preparing for Divorce:
- Part 1: Can you get divorced in California?
- Part 2: Collect These Documents
- Part 3: Download these forms, file them with the court, and have them served to your spouse
Here are some options depending on what happens after these 1st three steps:
- Option 1 – TRUE DEFAULT – Your spouse didn’t respond to your filing at all
- Option 2 – DEFAULT CASE – Your spouse did not respond but you have a written agreement on all issues
- Option 3 – UNCONTESTED DIVORCE – You and your spouse agree on everything
- Option 4 – CONTESTED DIVORCE – You and your spouse do not agree on everything
Mendes Weed, LLP is located in Walnut Creek and serves clients around the Bay Area. For your convenience, we also have offices in OAKLAND and Sacramento by appointment only.
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Walnut Creek Main Office
1990 N. California Boulevard
Walnut Creek, CA 94596
66 Franklin Street
Oakland, CA 94607