California Dissolution (Divorce) Process

1. 1. 1. Petition and Summons:
         • The Petition (FL-100) is the legal document that initiates the divorce proceedings. It outlines the petitioner’s requests, including legal relationship, residence requirements, and other relevant information.
         • The Summons (FL-110) accompanies the Petition and notifies the respondent (the other party) that they are being sued for divorce. It also provides important information about responding to the Petition.
      2. Local Forms and Attachments:
         • Depending on your county, additional local forms and attachments may be required. These could address venue (where the case should be heard), military service, and other specific requirements. Check your County Court website to ensure you have all the necessary forms.
      3. Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA):
         • If there are minor children involved, you must complete a Declaration Under UCCJEA (FL-105). This form ensures that the court has jurisdiction over child custody matters.
         • The UCCJEA form helps determine which state has jurisdiction to make custody decisions if the parents live in different states.
      4. Petitioner’s Requests:
         • In the Petition, the petitioner (the person filing for divorce) addresses various requests, including:
           • Legal Relationship: Indicating whether they are married, in a domestic partnership, or seeking nullity (annulment).
           • Residence Requirements: Confirming residency in the state and county.
           • Statistical Facts: Providing details such as the date of marriage, date of separation, and any minor children.
           • Other Requests: Covering child custody, support, property division, attorney fees, and more.
      5. Filing Process:
         • Once all required forms are completed, parties file them at the family law clerk’s office in the specific courthouse.
         • Some counties allow electronic filings, while others require in-person filings.
         • After processing, the court provides a conformed copy, which is a file-stamped version of the documents.
         • The court fee for filing varies but typically falls between $435 and $450.
         • Individuals unable to pay court fees can request a fee waiver through the courts.

      Remember that each county may have specific procedures, so it’s essential to follow the guidelines provided by your local court

   2. Service of Process.
      Service of Process is the procedure by which a party in a lawsuit gives another party an appropriate notice of the initiation of legal action. It ensures that the defendant has proper notice of the court’s proceedings, allowing them to respond to the proceeding before the court, body, or other tribunal. Here are some key points about service of process:

       

      1. Methods of Service:
         • The defendant is served with court documents (called “process”) personally. Someone who is not a party to the case must deliver the documents directly to the other side.
         • Service by Notice and Acknowledgement of Receipt: Used when the other side agrees to be served by mail and is willing to sign a document acknowledging receipt of the papers. Commonly used for summons and complaints in civil or family law cases.
         • Other Methods: If the other side refuses to be served, the court may allow alternative methods, but there must be evidence of attempts to serve and the other side’s difficulty to serve.
      2. Documents to Serve:
         • The petitioner (or plaintiff) must serve the respondent (or defendant) with specific documents, including:
           • FL-100 Petition with all attachments.
           • FL-110 Summons.
           • FL-120 (Blank) Response to Petition for Dissolution.
           • Any other forms submitted to the court that are not labeled confidential.
      3. Proof of Service:
         • After completing service, the petitioner must file a Proof of Service of Summons (FL-115) with all relevant information. This document is signed by the person who completed the service and must be filed with the court.

      Remember that proper service of process establishes personal jurisdiction over the person served, and failure to respond may result in default judgment in favor of the claimant or plaintiff.

1.5 Respondent’s Response 

The Responding party has 30 days from the date of service to Respond to the Petition. This is through the FL-120 form. They will fill out much of the same information as included in the Petition. If the responding party fails to file within 30 days. A default could be taken against them.

1. 1. Preliminary Declarations of Disclosures (PDOD) Third step is to complete your Preliminary Declarations of Disclosures. Before the court is allow to enter any judgment or agreements, both sides must provide information on what they own, owe, earn, and spend. Petitioner’s are due within 60 days of filing the Petition and Respondent’s are due within 60 days of filing response.  You have to fill out the following forms and provide the following documents:
      • Fl-140
        This is basically the cover page for the financial disclosures and lists all of the information the parties need to provide. Such as the FL-142 or Fl-160, Fl-150, last 2 years of tax returns. Then the party needs a written statement attached to the sheet discussing the following:

         

        • A statement of all material facts and information regarding valuation of all assets that are community property or in which the community has an interest 
        • A statement of all material facts and information regarding obligations for which the community is liable 
        • An accurate and complete written disclosure of any investment opportunity, business opportunity, or other income-producing opportunity presented since the date of separation that results from any investment, significant business, or other income producing opportunity from the date of marriage to the date of separation 
        • This is served on the other side but not filed with the court.
      • Fl-141
        This is your proof of service of sending the other side your PDD. This does get filed with the court.
      • FL-142 or FL-160
        This form lists out all assets or debts for the marriage. For every asset or debt listed. Supporting documentation is required. The Forms provide examples of documents for each of the specific items. This does not get filed with the court.
      • Fl-150
        This form provides all information as to your income and expenses. You are required to include the last 2 months of paystubs and last 2 years of tax returns with this form. The tax returns do not get filed with the court. However, everything else should get filed with the court.

      The parties must disclose all items required of them in the forms. If they leave something out or lie, that party could lose your property and pay fees and fines. This is the court’s power over Omitted assets. 

   2. Temporary Orders (Request for Orders)
      Fourth step is filing for any necessary temporary orders.  If temporary orders are necessary, such as to custody, support, property control, assistance paying attorney fees, the Party making the request must file a Request for Order (FL-300) and any necessary attachments. Each county has different local forms that may be required for the filing in custody cases. After filing with the court, the hearing could be set anywhere from 1 month to 4 months out. The moving party must serve the other side within 16 court days and the responding party must respond within 9 court days before the hearing. 
   3. NEXT STEPS 
      At this point, the next steps all depend on the parties and their needs. If the other side does not respond, then a Default can be taken. Default means a judgment based on the initial pleadings without the other side’s input.
      If there is an agreement, then the agreement can be drafted up and a judgment signed and entered with the court.
      If there is no agreement and response filed, the parties will be required to go to a mandatory settlement and/or trial.