Most courts require you to use black ink when filing forms or complete them online and print them or submit them digitally. Below we outline what each form is and what it does. Complete each form with as much detail as you can. The forms include a Family Court Cover Sheet, Complaint for Divorce and a Summons. Typically, to start a divorce, you must file three forms with the family court. Furthermore, certain local forms may be required by the county California recommends petitioners check their local court’s website, contact their county clerk’s office or use a local self-help center to learn about any local forms. They may also request a temporary order from the court to address matters like child custody, exclusive possession of the marital residence and spousal support while the divorce is pending. If minor children are involved in the divorce, the petitioner must submit a form for Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act. Unless both spouses agree to waive it, a final disclosure is required 45 days prior to a judgment or trial date. A final disclosure later in the divorce process uses the same form but requires more detail, including categorization of property as either community (marital) or separate. These are filed and served alongside or following the Petition for Dissolution. California first requires a preliminary disclosure, which lists assets and debts along with information about income and expenses. Declaration of DisclosureĪ Declaration of Disclosure form documents marital assets and debts. The California courts also offer a guide for serving dissolution papers. This process usually involves a Proof of Service of Summons form as well. This is to be filed alongside the petition and also served to the other spouse (called the respondent) to inform them of the dissolution case and provide 30 days notice to submit a Response form. Unless both spouses together file a Joint Petition for Summary Dissolution, the petitioner must also complete a Summons. In California, filing fees range between $435 and $450, but individuals who can’t afford this can apply to have the fee waived. They can then use the Find My Court tool to see exactly what courthouse locations are available in their area. The courts’ Divorce Finder feature can help a petitioner determine where they qualify to file. A Petition for Dissolution can be filed in any county where at least one spouse meets the residency requirements. This first step in the divorce process solicits basic information about the marriage and an indication of what court orders will be sought. Again, each state may differ, but in California, all local courts use a standardized set of divorce forms. Most divorces in California (and many other states) will require the following documentation: Petition for Dissolution
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