Author: Dina Haddad

Property Division (Community & Separate)

2024 Employee Stock Plan Accounts in a California Divorce

Post author By Dina Haddad
Post date March 15, 2023

Dividing Employee Stock Plan Accounts in a California Divorce

Employee Stock Plan:

With employee stock plans, the company offers the employee company stock, like stock options or restricted stock units, as part of the employee’s compensation. The company offers these benefits to attract talent and encourage employees to invest in their company’s growth. If their company does well, they do too.

The employee receives the stock in an award called a grant, and doesn’t get all the stock at once. Usually, the stock is given over a four year period in equal amounts. The process of receiving or earning the shares over time is called vesting. Only when the shares vest does the employee actually own the shares. For most of these benefits, the employee spouse pays the taxes automatically when the shares vest.

Figuring out which shares are community and which are separate does not solely depend on the date the grant was given to the employee. If the grant was given during the marriage, the shares that vested during the marriage are community but a portion of the unvested shares, which vest after the date of separation, will be community and some will be separate. Only if the grant was received after the date of separation will all the shares in that grant be the employee’s separate property.

For the community shares that do not vest until after separation, the employee spouse is only required to give one-half of the community shares to the non-employee spouse after it vests. Since each spouse needs to be responsible for the taxes on his or her portion, the couple will need to divide the tax obligation equally. You will have to file the right tax forms to do this. If you or your spouse has unvested shares, reach out to a divorce professional like an attorney-mediator or forensic accountant to help you with the calculation and the tax allocation.

At TheCompleteDivorce, we provide you what you need to successfully do your California divorce on your own. We provide all the required family law court forms in our automated forms program, all the video tutorials, and an automated customizable Marital Settlement Agreement (Divorce Agreement). If you need more help, you can get our package that includes time with adivorce mediator.

Before you go, consider if we can help you. We have helped thousands of couples in California. Our guided DIY divorce is successful and cheap! Our services

are all 5-star!

Need more? Check out our full service divorce mediation services, Families First Mediation, https://ffmediation.com

Property Division (Community & Separate)

How Assets and Debts Divide in a Ca Divorce law

Post author By Dina Haddad
Post date March 15, 2023

How Assets and Debts Divide in a Ca Divorce law

While you work through your property to divide, remember to also work through your debts. Debts are assigned in the same way as property. If incurred during marriage, the debt is a community obligation, unless it was incurred in a frivolous or fraudulent manner. If the debt is a community, you are each responsible for one-half.

If you incurred a debt prior to marriage or after the date of separation, this is your separate responsibility. School loans are the exception. Even if you incurred school loans during marriage, the loans are your separate responsibility.

Make sure you are aware of all outstanding debts. This includes credit cards, car loans, and money you borrowed from a family member. Run a credit report to get a comprehensive list of debts. You are entitled to one free credit report a year and your credit score is not negatively impacted when you look up your own credit.

It is especially important to know whether you are both named on the debt. At the end of your divorce, you do not want to be named on any debts with your spouse. If you are both in debt, the creditor can come after either of you, even if your agreement says your spouse is responsible. If you have joint credit cards, agree to close those cards. If you are an authorized user, you do not need to close the card. The owner just needs to remove you as a user, and then the owner’s spouse can continue using the card.

The most important part of the asset and debt division is to reach an agreement that is fair and makes sense for you and your family. Identifying your separate property may be very important to you. If so, take time to pull records, like bank statements, receipts, or deeds, to prove your separate property. Even if you don’t have the best records, you can negotiate an amount with your spouse that you believe is fair.

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Before you go, consider if we can help you. We have helped thousands of couples in California. Our guided DIY divorce is successful and cheap! Our services are all 5-star!

Filing Divorce Petition & Response

FL-810 California Summary Dissolution| Cost & Filing Process

Post author By Dina Haddad
Post date March 15, 2023

Summary Dissolution in California: Complete Process

In sunny California, where dreams often take shape, marriage can sometimes hit rough patches. Like any adventure, it might lead you to unfamiliar territory. If you’re thinking about separating in California, it’s crucial to know your options. One option is called “summary dissolution California,” a simplified process designed for specific situations. In this easy-to-follow guide, we’ll explain what summary dissolution is, what you need to qualify, how much it might cost, and the step-by-step process. Think of it as your friendly guide, making this emotional journey easier to understand, almost like having a helpful California lawyer by your side.

What is Summary Dissolution?

Summary dissolution in California is like the fast lane to ending a marriage. It’s for couples with straightforward situations, offering a quicker, more cost-effective alternative to regular divorce. You both file a joint petition outlining the terms, but there are some criteria to meet: a relatively short marriage, no kids, limited assets, and an agreement on property. It’s speedier, usually taking a few months, and you can get the necessary forms online or from the court. So, if you’re looking for a simpler and quicker way to divorce, this might be it.

California Summary Dissolution Facts (2023)

Quick Resolution: When it comes to swift resolutions, summary dissolution in California is the name of the game. Couples can often wrap up their separation relatively quickly, but it’s important to note that this process takes approximately six months from filing paperwork to the formal divorce.
Cost-Effective: Wallets, take note! Summary dissolution in California is usually gentler on your finances compared to the standard divorce route. Expect lower filing fees and fewer legal costs. You must pay a $450 filing fee when submitting forms for summary dissolution, which is the same as the divorce filing fee.
Limited Eligibility: Not everyone gets to ride the summary dissolution train in California. Specific criteria must be met to qualify, including strict requirements about the length of your marriage, the presence of children, and your financial health, so it’s not a one-size-fits-all solution.
No Court Battles: Good news for those averse to courtroom drama – summary dissolution typically steers clear of contentious court appearances. It’s a smoother ride for couples looking to part ways amicably, and there are just three steps involved in a summary dissolution.

How Much Does it Cost?

In California, putting a price on the end of a marriage may seem impersonal, but it comes down to a standard $435 filing fee, no matter where you are in the state. Whether you’re in bustling Los Angeles or serene Santa Barbara, the cost remains the same. However, when it’s a joint decision, and both partners are on board from the beginning, the total filing fee is still $435. But, if one spouse is responding to the petition, they’ll also need to pay the same $435 fee to file their response. So, while it may seem like a financial transaction, it’s a reminder that divorce, even in its official paperwork, has a human and emotional side to it.

Requirements for Summary Dissolution in California

To qualify for summary dissolution in California, several key requirements must be met. These include:

Residency Requirement: At least one of you, either you or your spouse or partner, must be a resident of California for a minimum of six months. Additionally, you must have lived in the county where you filed for divorce for at least three months.
Mutual Agreement: Both parties involved must agree to end the marriage or partnership due to “irreconcilable differences.” This mutual consent is a fundamental aspect of summary dissolution.
Child-Free Status: There should be no minor children from the marriage or partnership, and neither spouse can be pregnant at the time of filing.
Short Duration: Your marriage or domestic partnership should have a relatively short duration, spanning less than five years.
No Rental Properties: Neither you nor your spouse should rent any land or buildings, except for your current residence.
Limited Debt: Your unpaid debts must not exceed $6,000, excluding car notes.
Marital Asset Limit: The total worth of your marital assets, including deferred compensation and retirement assets but excluding cars, should not surpass $45,000.
Separate Asset Limit: Neither party should possess separate assets worth more than $45,000.
Settlement Agreement: Both parties must have signed a settlement agreement that outlines the fair division of assets and debts. This written agreement is a critical component of the summary dissolution process.
Asset Transfer Documents: You both must have signed all necessary documents to facilitate the transfer of assets and debts as per the settlement agreement.
No Alimony: Neither spouse should be seeking spousal support (alimony) under Cal. Fam. Code § 2400.
Information Booklet: Both parties should have read the summary dissolution information booklet as outlined in Cal. Fam. Code § 2406.

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How to File for Summary Dissolution in California:

If you and your spouse are thinking about going for a summary dissolution in California, let’s break it down in an easy-to-understand way. Here’s what you need to do to prepare your summary dissolution papers:

1. Start with a Joint Petition:

Both of you need to fill out and sign a joint petition. Think of this as your official request to end your marriage or domestic partnership.
Make sure the petition clearly says that you meet all the requirements for a summary dissolution.
Don’t forget to provide your current mailing addresses.
If one of you wants to change back to a previous name, make that clear in the petition and state the name you want to go back to.

2. Share Your Financial Info:

You both need to share detailed information about your money, property, and expenses. This helps ensure everything gets divided fairly.

There are some specific documents you’ll need to deal with:

Declaration of Disclosure: This is where you lay out all your assets, debts, and other money stuff.
Schedule of Assets and Debts or Property Declaration: Use this to list all the things you own and owe together.
Tax Returns: You’ll need copies of your tax returns from the last two years to give a clear picture of your finances.
Investment and Business Info: If either of you has investments or businesses from when you were still together, make sure to document that too.

Filling your Summary Dissolution Papers

Ensure you meet the eligibility criteria, including a short marriage, limited property and debt, no minor children, and an agreement on property and debt division.

Prepare the Summary Dissolution Forms:

Obtain and complete the required summary dissolution forms, such as FL-800, FL-810, and FL-820.

Sign the Summary Dissolution Agreement:

Both spouses must sign the Summary Dissolution Agreement (FL-810) outlining property and debt division.

Complete the Property Declaration:

Each spouse must fill out a Property Declaration (FL-820) to disclose all assets and debts acquired during the marriage.

Make Copies:

Create copies of all completed forms for your records and court filing.

File the Summary Dissolution Papers:

Take completed forms to the local family court clerk’s office and pay the filing fee unless eligible for a fee waiver.

Receive a case number from the clerk after filing.

Serve the Documents:

Serve a copy of the filed documents to your spouse through personal service, mail, or another legal method.

Wait for the Waiting Period:

Observe the mandatory six-month waiting period during which finalization is not possible.

Complete the Judgment Forms:

After the waiting period, complete the Judgment forms, including FL-820 (Revised) and FL-830.

File the Judgment Forms:

Submit the completed Judgment forms to the court clerk’s office for filing.

Get Your Judgment:

After processing, receive a copy of the Final Judgment of Summary Dissolution.

Notify Creditors and Update Records:

Inform creditors and update records regarding changes in marital status, property, and debts.

How Long Does a Dissolution Take in California?

A summary dissolution does not last forever. Once you file the proper documentation with the court, your divorce is usually finalized within 6 months. That implies you can resume your life relatively fast.

It’s like hastening the end of your marriage, but keep in mind that not everyone qualifies for this choice. You must meet certain standards, and both you and your partner must agree to end the marriage. So, if you’re qualified and can work together, a summary dissolution may be a more uncomplicated way to divorce in California.

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Conclusion:

The process of dissolving a marriage in California, whether through summary dissolution or a traditional divorce,

In conclusion, summary dissolution in California is a viable option for couples looking to end their marriage or domestic partnership quickly and cost-effectively. By understanding the requirements, costs, and procedures, you can embark on this journey with confidence, knowing that you are taking the steps necessary to move forward in your life. Remember that consulting with legal professionals can provide valuable guidance throughout this emotional process, helping you navigate the path to freedom with clarity and peace of mind. Understanding family laws in California is also essential, as they play a significant role in the dissolution process, especially when family dynamics are involved.

Filing Divorce Petition & Response

How to Locate, File and Serve Ca Divorce Papers in 2024

Post author By Dina Haddad
Post date March 15, 2023

How to Locate, File and Serve Divorce Papers in California

Before you start filling out Ca divorce papers of court, it’s very important that you know which forms to use, how to provide them to the court, and how to give a copy to your spouse. Getting the right forms to the court and your spouse is based on a specific process. If you wish to finish, you must follow this process carefully.

You’ll use this process at least twice in your case. The first time will be to start your divorce and then at the end, to finish. But, if you have any court hearings, you’ll also need to use this process to provide the judge with any papers for that hearing. If you do not, your papers will be rejected.

Ca Divorce Forms

The majority of the time, the court papers you need to complete and provide to the court or your spouse are premade fillable forms. This makes it so much easier to complete your divorce. Many of these forms are mandatory, so you don’t have the option to create your own. You can find the most up-to-date forms online at the California Court webpage. You can then download and fill them out electronically or by hand. You can even save your drafts until you are ready to print.

The forms are created by the Judicial Council of California, so we call them JC forms for short. There are JC forms for every kind of court case in California. The JC forms for Family Court are identified with an “FL” for family law. The FL forms are the ones we will be using. Make sure you do not use the JC forms for civil cases which are marked as “CIV.”

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In addition to these “FL” forms, your county may also have mandatory forms that you must complete. These are called local county forms. Your county will have its own way of identifying the forms. In Santa Clara County, local family forms are identified as FM. In Los Angeles County, local family forms are identified as FAM. You can find the local forms on your county’s court page or ask one of the family law court clerks in your county. We have provided the links in the course as well.

Occasionally, you may also need to create your own form, usually called a pleading. You may need this to prepare your final agreement or if you have a court hearing.

Throughout the course, I will direct you to the forms you need to complete each step as well as any pleadings.

Filing:

After you have completed the forms, you’ll then need to submit them to the court clerk. This is called filing. Filing is an extremely important part of your divorce and the only way to make your court forms official. If you do not properly file your documents, it is as if the documents do not exist.

Depending on what you’re filing, you may be required to pay a filing fee. You can find the fee schedule on the California Courts website, the Statewide Civil Fee Schedule under the Family Law Fees. The fees change from year to year. A check is preferable. If you use a credit card, you’ll be charged a processing fee. Make your check out to the “Court Clerk”. If you would like to apply for a waiver, complete and file the “Request to Waive Court Fees,” FW-001.

California Court’s website: www.courts.ca.gov
Statewide Civil Fee Schedule (Family Law begins on page 6): http://www.courts.ca.gov/documents/filingfees.pdf
“Request to Waive Court Fees,” FW-001: www.courts.ca.gov/documents/fw001.pdf

You can file your forms in person, or by mail, and some counties allow electronic filing. For electronic filing, check with your county’s rules. When you file your forms in person or by mail, you’ll submit the original and two copies to the clerk. The original will be for the court. One copy will be for you, and the other for your spouse.

If done correctly, the clerk will stamp the original “Filed,” with the date it was filed. The original will be kept in your case file, which is a public record. The clerk will then stamp the copies you provided, usually as “Endorsed Filed;” another way of saying they are copies of the originally filed forms, and return them to you.

In Person:

If you are going to file your forms in person, you must visit the clerk’s office at your local family court. When you arrive at family court, there will be signs directing you to the clerk’s office. There might be a few different lines. Make sure you stand in the right line, the line for family law filings. When it’s your turn, you’ll provide the clerk with your forms; the original set, and two copies. The clerk will review your forms to make sure you completed them correctly. If approved, you’ll receive your copies back as an endorsed copy, and pay any filing fee required.

By mail:

If you file by mail, you’ll need two envelopes. You’ll need an envelope to mail your original forms with your two copies to the court clerk, and you’ll need the other envelope for the clerk to mail your two copies back to you.

Label the first envelope with the mailing address for the family court in your county and put your address for the return. Next, prepare the return envelope. This time, put your address as the recipient, and the court’s mailing address for the return. You can use any kind of envelope. Manila envelopes or a flat-rate priority envelopes work nicely. Put enough postage for all three copies to come back in case there is a mistake. If you do not provide a self-addressed stamped envelope or one with enough postage, the Clerk will not mail copies back to you.

Place all three copies, the check for any filing fees, and the return envelope into the envelope addressed to the family court’s mailing address. Put enough postage and mail it. If done correctly, when filed, the Clerk will return the endorsed filed copies to you in the self-addressed stamped envelope you provided. If not done correctly, the entire package will be returned to you unfiled typically with a notice of what was done incorrectly.

Serving:

After you have filed your forms, you’ll need to provide them to your spouse. Just as there is an official way to provide your forms to the court, there is an official way to give them to your spouse. This is called service. There are three ways to serve your filed forms; by personal service, using mail service, or by publication.

Personal service means you have someone hand deliver the filed forms to your spouse. Personal service is usually used for the initial divorce papers. For mail service, you have someone mail the documents directly to your spouse on your behalf. This is typical of all other forms. If you cannot locate your spouse, there is another method called service by publication. The judge can permit you to publish in a newspaper that your spouse is mostly likely to see.

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Proof of Filing (Proof of Service):

Anytime you give filed copies to your spouse for the first time, you must complete and file a proof of service form. A proof of service is the official way of

saying you gave a copy of the filed documents to your spouse. If you do not file a proof of service for the documents you gave your spouse, it is as if you never served your spouse.

Fortunately, the proof of service forms are fillable JC forms, identified with an FL. But there is more than one FL proof of service form. The one you use depends on how you had your spouse served and what forms you served your spouse.

Once you fill out the proof of service, you file it with the court clerk. Filing the proof of service works the same way as filing other forms. You can file either in person, by mail, or when permitted, electronically.

Just remember, for any of your court forms to have any meaning, you must properly serve your spouse the filed documents and prove this to the court by filing the right proof of service form.

It’s very important to understand which forms to use, how to file them properly and serve them correctly on your spouse. If done incorrectly, your forms will be rejected. You’ll have to fix your mistakes and either wait in line again to file or wait for the mailing to be returned to you. Not only frustrating, but costs more of your time.

At TheCompleteDivorce, we provide you with what you need to successfully do your California divorce on your own. We provide all the required family law court forms in our automated forms program, all the video tutorials, and an automated customizable Marital Settlement Agreement (Divorce Agreement). If you need more help, you can get our package which includes time with a divorce mediator.

Before you go, consider if we can help you. We have helped thousands of couples in California. Our guided DIY divorce is successful and cheap! Our services are all 5-star!

Filing Divorce Petition & Response

FL-120 How to Complete the Response Forms for a Ca Divorce

Post author By Dina Haddad
Post date March 15, 2023

FL-120 How to Complete the Response Forms for a Ca Divorce

After the Petition Packet is served, it’s the other spouse’s turn to respond to the Petition Packet. If that is you, you are the Respondent. You’ll complete, serve and file the Response and Request for Dissolution of Marriage, and, if you have minor children, the UCCJEA. I call these forms the Response Packet. Unlike the Petition Packet, the Response Packet does not include a Summons.

The Respondent should file the Response Packet with the court within 30 days of being served with the Petition Packet. Although the Response Packet is not required to complete a divorce, completing one is important to prevent the Petitioner from taking a default divorce. If you missed the deadline, get your Response Packet filed as soon as possible to avoid Petitioner from taking a default divorce

Response, FL-120:

The first form in the Packet is the Response, FL-120. Similar to the Petition, the Response forms for a Ca divorce gives you an opportunity to request orders in your divorce. Mark all that apply. As with the Petition, none of these requests become court orders or agreements, even if what you check in your Response matches what your spouse put on the Petition. The Response Packet sits in the court file until you take further action and works the same way as the Petition.

UCCJEA, FL-105:

The next form for the Response is the UCCJEA. This is the same UCCJEA form that the Petitioner completed and can be completed in the same way.

Filing the Response Packet:

Once you have completed the Response Packet, you’ll need to file it with the court. Make 2 copies, so you have three sets when completed. You have the same options to file by mail or in person. Follow the same instructions for filing the Petition Packet. You’ll also need to include your fee for filing the Response. It’s the same amount as Petitioner’s fees. Check the court’s website for the fee schedule. Review form FW-001 to see if you qualify for a fee waiver.

Serving the Response Packet, FL-335:

Once you received your two endorsed filed copies back from the court, you’ll serve one of the filed copies on your spouse. Serving the Response Packet is much easier than the Petition Packet. The Response Packet needs to be served by mail. It does not require personal service.

With your assistance, your server will mail a filed Response Packet to the Petitioner. If your spouse is represented by an attorney, your server will mail the Response Packet to the attorney. After your server has completed the mailing, your server needs to complete and sign the Proof of Service by Mail, FL-335, stating that the Response Packet was mailed to Petitioner. This is the only form you need to prove the Response Packet was served.

You’ll then file the completed FL-335 by mail or in person. Make sure to include the original and two copies with a self-addressed stamped envelope, so the clerk mails two filed copies back to you, one for you and the other for your spouse. Remember, if you forget to file the FL-335, it’s as if your spouse was never served the Response Packet.

Beyond starting your divorce and completing the first step towards finishing your divorce, what you state in the Petition or Response doesn’t reflect who is going to win or what is going to happen in your case. If you state that you want sole custody in the Petition, you are not going to be awarded sole custody on that basis. You can get sole custody by reaching an agreement with your spouse that you file with the court; or, if your spouse does not agree, you can have a custody hearing or trial. If the judge agrees with you, then you’ll have sole custody. This applies for child support, spousal support and the property division.

If your spouse refuses to participate in the divorce, you can still finish your divorce by default. Although it’s not the best option, it allows Petitioners needing to finish the divorce the ability to be divorced even if a spouse is resistant. You’ll still need to follow the same steps to divorce, except your divorce agreement will be a proposal. Regardless of whether the Respondent is involved or not, the next step for all cases is to disclose your property and financial information with your spouse.

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Before you go, consider if we can help you. We have helped thousands of couples in California. Our guided DIY divorce is successful and cheap! Our services are all 5-star!

Filing Divorce Petition & Response

Filing and Serving Divorce Papers in California: A Step-by-Step Guide (2024)

Post author By Dina Haddad
Post date March 15, 2023

Filing and Serving the Divorce Petition in California: Step

by Step guide

Filing for divorce in California involves several crucial steps, from completing the necessary paperwork to serving the divorce papers to your spouse. Here’s a comprehensive guide to help you navigate the process smoothly.

Filing Petition Packet:

After assembling the Petition Packet, it’s time to file these documents with the court clerk. To distinguish the original from copies, make sure to print, sign, and date the forms in blue ink. Create two copies of each signed form, including any local forms required. Package these sets, resulting in three complete sets—one for the court, one for you, and one for your spouse. Although electronic filing might be an option, filing in person or by mail is more common. Opting for in-person filing is generally quicker.

If you choose the mail filing route, anticipate 1-3 weeks before receiving your copies back. Detailed instructions on how to locate, file, and serve court papers should be followed. Remember, unless you’re eligible for a fee waiver, there’s a filing fee to pay. This fee can be found on the Statewide Civil Fee Schedule under Family Law Fees for Petition or other first papers.

Case Status Conference:

Certain counties schedule a Case or Group Status Conference about four to six months from the date of filing the Petition Packet. This conference isn’t intended to resolve issues; rather, it ensures your case progresses smoothly. It checks whether you’ve completed disclosure forms, need a court settlement conference, or require trial dates. These measures are in place to streamline cases and assist those navigating the divorce process without legal representation. You might be able to reschedule or remove the conference from the court’s calendar, depending on your county’s procedures.

For counties without a Case Status Conference, no immediate actions follow the filing of your Petition Packet. The judge won’t be aware of your filing until further steps are taken, such as requesting a hearing or submitting a divorce agreement.

Service of Petition Packet:

After filing, the next step is to serve your spouse the Petition Packet using personal service, mail, or publication. You cannot be the person to serve the Petition Packet because you are a party to the divorce case–someone else must serve your spouse.

If you choose personal service, your server must hand deliver the copy of the filed Petition Packet to your spouse. Your server must be 18 years or older and can be anyone: a neighbor, friend, or a paid legal service provider. Make sure your server is polite and avoid serving your spouse in public, such as at work or your children’s school. Otherwise, future negotiations with your spouse may be difficult. Unless you believe your spouse will avoid service, you can give your spouse advance warning or agree to the time of service.

If your server goes to your spouse’s home and your spouse is not there, your server can leave the filed Petition Packet with a household member that is older than 18 years old. Again, the server cannot leave the Petition Packet with you. If your server goes to your spouse’s work, and your spouse is not there, your server can leave it with someone at least 18 years old and in charge of the workplace, such as a receptionist.

After serving your spouse, your server must complete and sign the Proof of Service of Summons, FL-115, as the service document. You can always help your server complete the form. Once completed, you must file the Proof of Service with the court.

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Downloadable FL-115

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FL-115 Video

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You can also have your server mail the Petition Packet to your spouse, but it has a few more steps. Your spouse must agree to mail service by signing the Notice and Acknowledgment of Receipt, FL-117, and return a signed copy to you. As with personal service, your server must be at least 18 years old.

Your server will first complete a Notice and Acknowledgment of Receipt, FL-117, and include two copies with a copy of the filed Petition Packet and a self-addressed stamped envelope. Your server will then mail these documents to your spouse. Your spouse must sign and return at least one of the copies of the FL-117 to the server in the envelope your server provided within 20 days. Your documents are not served until your spouse signs FL-117. If you are the Respondent, signing the form does not mean you agree with anything in the Petition; it simply acknowledges that you were served and that the time for serving your Response has started.

If your spouse doesn’t sign within 20 days, you can give your spouse more time or use another service method, like personal service. If you do serve another way, your spouse can be liable for any costs you incur.

If you cannot locate your spouse, there is another method called service by publication. If you can prove to the judge that you have exhausted all means of locating your spouse, the judge will give you permission to publish the Summons in a California newspaper that your spouse is mostly likely to see.

Mail Service:

Mail service involves additional steps. Your spouse must agree to mail service by signing the Notice and Acknowledgment of Receipt (FL-117) and returning a signed copy to you. The server must be at least 18 years old.

The server prepares a Notice and Acknowledgment of Receipt (FL-117) and includes two copies, along with the filed Petition Packet and a self-addressed stamped envelope. These documents are mailed to your spouse. Your spouse must sign and return one copy of FL-117 to the server within 20 days. Signing the form doesn’t imply agreement with the Petition’s contents; it signifies acknowledgment of being served and the start of the Response-serving period.

If your spouse doesn’t sign within 20 days, you can grant an extension or use an alternative service method. If another method is employed, your spouse might incur costs.

Service by Publication:

When locating your spouse proves challenging, service by publication might be considered. With sufficient evidence of exhaustive search attempts, a judge might grant permission to publish the Summons in a California newspaper likely to be seen by your spouse.

Filing Proof of Service:

Upon serving your spouse, filing the Proof of Service (FL-115) is crucial. If mail service was used, file both the FL-115 and the attached FL-117. These can be filed via mail or in person. When filing by mail, send the original Proof of Service with two copies and a self-addressed prepaid envelope for the copies’ return. In-person filing involves taking the original form and two copies to the family court clerk’s office for filing. The copies received—one for you and one for your spouse—are important; without these, your service efforts might be unrecognized.

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Six-Month Waiting Period:

Once served, a six-month and one-day waiting period ensues before your marital status can be legally terminated. This period begins on the day of service, and if mail service is used, the day your spouse signs FL-117 determines the start. You can finalize your divorce agreement before the six months if it’s filed within that timeframe, leading to automatic termination of your marital status after six months and a day.

Should your divorce conclude after the six-month mark, your marital status dissolves upon finalization, unless you request an earlier termination through a court hearing.

Navigating the process of filing and serving divorce papers in California requires careful attention to detail and adherence to specific procedures. By understanding these steps, you can proceed with confidence through this challenging time.

Remember, if you need assistance or have specific questions about the California divorce process, consulting with a legal professional is advisable.

Before you go, consider if we can help you. We have helped thousands of couples in California. Our guided DIY divorce is successful and cheap! Our services are all 5-star!

Filing Divorce Petition & Response

Completing a Divorce Petition Forms in California

Post author By Dina Haddad
Post date March 15, 2023

Completing a Divorce Petition Forms in California

Who’s Who in Divorce?

The spouse that starts the case by filing the first divorce papers is called the Petitioner. The other spouse will be the Respondent, the spouse that responds to the Petitioner’s divorce filing. There’s very little legal difference between Petitioner and Respondent and both have the same legal rights and opportunities in court. You’ll be Petitioner or Respondent for the rest of your case; you might also be referred to as the party or, together, as the parties.

Petition Packet:

The Petitioner will start the divorce case by filing the Petition Packet in their county’s family court. This packet includes the Petition for Dissolution of Marriage, i.e., “I want a divorce,” or, “I want a legal separation or nullity,” the Summons, and if you have children, Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act. These forms can be found online at the California Court webpage and in this course. Also, make sure to check with your county for any local forms that need to be included with your Petition Packet.

Petition, FL-100:

The first form in the Petition Packet is the Petition, FL-100. The Petition gives you an opportunity to request orders in your divorce and state your position on those issues. Mark every issue that applies to you such as property division, child custody, child support, and spousal support. You have the option to provide more details using other FL forms as attachments. However, you are not required to provide the details in the Petition. None of what

you mark on your Petition will actually take place when you file or serve your spouse.

The Petition is important because it gives the judge the power to decide your case or make court orders out of the agreements you reach with your spouse. You need to check the box for every issue in your divorce to give the judge that power.

If you made a mistake but filed the Petition, you can file an Amended Petition by checking amended at the top of the FL-100 and filing it again. You can do this before your spouse files a response to the divorce; but, if your spouse already filed, you’ll need the judge’s permission to amend.

Date of Separation:

In addition to identifying the issues in your divorce, the Petition asks for your date of separation. The date of separation is when there is a complete and final break in the marriage either because one spouse expressed to the other the intent to end the marriage or the conduct of the spouse is consistent with the intent to end the marriage. The date of separation is important. Your earnings and debts you incur after the date of separation are yours and not

shared with your spouse.

You may have a very obvious date of separation, or it might be hard to figure out. You went back and forth to counseling; had a huge fight but then made up; never really had the divorce talk, or no one has moved out yet.

Depending on your case, the date of separation may not have a real impact on your case so it’s not important to figure out. No assets were received or debts incurred after the date of separation, so there is no impact on the division of property. For others who received significant property or incurred huge debts after the separation date, it will be more important.

If you cannot agree to the date of separation and it impacts the asset division, the court will look closely at the facts to decide on the date; such as, when did one spouse move out of the family home; when did you stop marriage counseling; and whether you had any conversations about ending your marriage or a significant event, like a huge fight, that ended the marriage. You can use the same rubric the court uses to reach an agreement with your spouse.

If you are unsure, you do not need to put a date. If you do put a date of separation on your Petition, and if you later change your mind about the date, you can change it with the final divorce papers or amend your petition.

Summons, FL-110:

The second form is the Summons, FL-110. A summons states that a lawsuit’s being brought against another person. In this case, your spouse. You may not think of divorce as a traditional lawsuit, but it’s still considered one. Even if you do not want to sue your spouse, the Summons must be filed with the Petition Packet.

On the first page of the Summons, there is a notice to the Respondent to file a Response within 30 days, or the court can make orders without the Respondent’s knowledge. The court can only make those orders if the Petitioner files a request for a default divorce after the 30-day window expires and before the Respondent files a Response or otherwise appears in the case. Making an appearance is a legal term for when the Respondent participates in the case such as filing a document or attending a court hearing. If you are the Respondent, file the Response Packet in time to prevent Petitioner from taking a default divorce. The Response Packet is similar to the Petition Packet but includes the Respondent’s forms, which I’ll discuss next.

On page 2 of the Summons, the Automatic Temporary Restraining Orders referred to as ATROs, are listed. The ATROs are automatic temporary restraints on both the Petitioner and Respondent. Once the Petitioner files the Petition the restraints -apply to the Petitioner; and once the Petition is served on Respondent, the restraints apply to the Respondent. The ATROs restrict you and your spouse from actions like discarding any property, canceling insurance policies, or taking the children out of state during your divorce process. For some of the ATROs, you just need an agreement with your spouse to proceed. It’s extremely important that you both read these and follow them until your case is complete. Failure to follow the ATROs could result in adverse

consequences such as sanctions. The ATROs automatically terminate when your divorce is final.

In addition to these restraints, the Summons includes one more order. You cannot make an extraordinary expense or large purchase without notifying your spouse at least five business days in advance. This restriction does not apply to the payment of attorney’s fees and court costs. An extraordinary expense depends on your family’s lifestyle. Extraordinary for one family might not be for yours. Discuss with your spouse what an extraordinary expense will be for you during the divorce process. If you do have an extraordinary expense, notify your spouse in writing so you have a record.

UCCJEA, FL-105:

The third form is the UCCJEA, FL-105. If you have minor children, this form is mandatory. It’s used to establish California as your children’s home state for child custody purposes allowing the judge to enter child custody orders for your children. At a minimum, your children must have lived in California for the 6 months before the filing. Carefully review this form and make sure to provide all information requested.

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Divorce Judgment (MSA)

(2024) Submitting the Judgment Packet | Ca Divorce

Post author By Dina Haddad
Post date March 15, 2023

Submitting the Judgment Packet to Finish Your Divorce in California

In this guide, We’ll walk you through the essential steps to finalize your divorce in California by creating a divorce judgment. This judgment, also known as a Marital Settlement Agreement, is a crucial document that formalizes the dissolution of your marriage and outlines key aspects of your separation. Let’s dive into the process and ensure you meet all the legal requirements without missing any important details.

Once you have completed the Judgment Packet, make two copies of all documents in your Packet. The original for the court, one for you, and one for your spouse. Provide a self-addressed stamped envelope with enough postage and space for the copies and the original to come back, in case your packet gets rejected. If you are filing an uncontested case, include a check for any unpaid fees for the Respondent’s first appearance with the Judgment Packet. If you are submitting a default, you’ll need to include an additional envelope for the clerk to mail a copy of the Judgment Packet back to your spouse as well.

Submission Process: Send your Judgment Packet to the family court clerk for filing. You can do this either by mail or by dropping it off at the clerk’s office.
Processing Time: Unlike some other court filings, the Judgment Packet won’t be processed immediately. The review period depends on the court’s workload at that time.
Variable Wait Times: The waiting period can vary widely, ranging from a few weeks to several months. The specific duration depends on how busy the family court is.
Inquire About Review Times: To get an estimate of current review times, consider contacting a family court clerk in your county. They can provide you with more precise information.
Review Order: Typically, Packets are reviewed in the order they are received, following a first-come, first-served approach.
Priority Consideration: In certain situations, depending on your county and the clerk’s discretion, you may be able to request priority processing for time-sensitive matters. This can be particularly useful for issues like home refinancing.

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Submission and Review of Your Judgment Packet

When received, your Judgment Packet will be assigned to a judgment review clerk, often associated with your assigned department. The judgment clerk will review your Packet to make sure all issues are addressed and the forms are completed correctly. If done correctly, your Packet will be filed finishing your divorce.

If your Judgment Packet is rejected, the entire packet, with copies, will come back to you in the envelope you provided. Most counties have a “Rejection” form that is sent back with a rejected Packet. The form will tell you what you need to fix to have your Judgment filed. If you can, request or locate your county’s rejection letter before you submit your Packet, so you can use the Rejection letter to check your work and make sure you are submitting everything correctly.

Completing your Judgment Packet and getting it approved gets you through the finish line. So take time to make sure you have completed the agreement and JC forms correctly. Check with your county clerk or local rules to make sure you completed any county requirements. This could be an additional form or the requirement that you not use staples, or that originals be two-hole punched and larger documents fastened with a fastener. If possible, hire a divorce professional to review your Judgment Packet. The one or two hours of their time will be well worth it.

If you make a mistake and your Judgment Packet is rejected, you’ll have to resubmit it. When you submit your Packet again, you’ll go back to the end of the line and have to wait for the review. This can be frustrating and can add several more months to your divorce. However, at this point, you are near the end. Your signed written agreement is still enforceable, and it’s a matter of perfecting your Packet so that it’s filed. Once your Judgment Packet is filed, you are officially done with your divorce.

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FREQUENTLY ASKED QUESTIONS

What is a “Default Judgment Packet” in a California divorce, and when is it used?

A “Default Judgment Packet” in California is used when one party in a divorce fails to respond or appear in court. It allows the other party to proceed with the divorce. You can find the packet on your county’s court website or at the courthouse and follow the provided instructions.

How can I get a “Notice of Entry of Judgment” for my divorce in California?

A “Notice of Entry of Judgement” is normally prepared by the prevailing party or their attorney. After the judge signs the judgment, the prevailing party must serve the notice on the opposing party. Check with your attorney or the court clerk for clarification on court rules.

What is the process for requesting a default judgment in a California divorce case?

To request a default judgment in a California divorce case, you must fill out and file all the required paperwork, including the “Request for Default Judgment”. Make certain you follow the processes stated by your county’s family court.

How much usually it takes time for a judge to sign a divorce decree in California?

In California, the time for a judge to sign a divorce decree varies.
It depends on factors like the court’s caseload and case complexity.
The duration can range from several weeks to several months.
You can inquire about the estimated timeframe from your local court.

Divorce Judgment (MSA)

FL-180 Divorce Judgment for Dissolution of Marriage | CA Divorce

Post author By Dina Haddad
Post date March 15, 2023

FL-180 Final Judgment for Dissolution of Marriage in a California Divorce

How to Fill out FL-180:

Write up your final divorce form agreement and file it with the court. When your agreement is filed, it becomes a final court order called a Judgment for Dissolution of Marriage FL-180, sometimes referred to as a divorce judgment or divorce decree. Now, when you submit your divorce agreement for filing, you must include mandatory Judicial Council Family Law forms for finalizing a divorce, JC forms for short. These forms tell the court that you complied with the legal requirements for divorce. The most important JC form is the Judgment for Dissolution.

You’ll attach your divorce agreement to the FL-180 form when you submit it to the court. I’ll refer to the divorce agreement and required JC forms as your Judgment Packet.

If you correctly submit your Judgment Packet, it will be filed and you’ll be done with your divorce. If not, the clerk will reject your Packet and you’ll need to correct the errors and re-submit it.

You can prepare your divorce agreement by writing one, called a Marital Settlement Agreement or an MSA. Both of you will sign the MSA and then submit it to the judge to sign into a court order. We have provided an example for your review.

Or, you can use the fillable court forms. These forms are also JC forms, but not the same ones that are needed to finish your divorce. These forms are attached to the Judgment for Dissolution, FL-180 , as your divorce agreement d. I’ll refer to these as the FL-180 Attachments so it’s not confused with the JC forms everyone needs to include to finish the divorce.

The FL-180 Attachments make it easier to put a divorce agreement together. The forms have basic options written out and you can select the ones that apply to you. However, these forms will be too limiting if you have a more complex or creative agreement. In that case, you’ll want to prepare an MSA.

Preparing a divorce agreement does not apply to those who will have a trial for their case. In those cases, the judge will issue a ruling. It also doesn’t apply to Petitioners who are doing the entire divorce without their spouses’ involvement. Those Petitioners will submit a proposed Judgment, not a divorce agreement.

Once you have your Judgment Packet together, you’ll file it using the same filing methods discussed in How to Locate, File, and Serve Court Forms.

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Judgment Packet – Agreements:

The hardest part of the Judgment Packet is putting together your divorce agreement, whether it’s as an MSA or the FL-180 Attachments. Your divorce agreement must cover all property and debt issues, spousal support, and if you have children, child custody and child support.

If you forget to include an agreement, it’s as if you never had the agreement, so make sure you take the time to prepare a complete and comprehensive divorce agreement.

MSA Agreements:

If you are preparing an MSA, you can write out your MSA in a word processing program, like Microsoft Word or Apple’s Pages. Divide each of the areas out with headers so your MSA is easy to read; such as “Division of Property” or “Child Custody and Parenting Plan”.

Also, make sure each page is numbered. You can also leave space at the bottom for each page to be initialed. Download our Sample MSA to get yourself started.

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Declaration Of Disclosures

FL-140,141 Completing the Declaration of Disclosure for California Divorce (2024)

Post author By Dina Haddad
Post date March 15, 2023

FL-140,141 Completing the Declaration of Disclosure for California Divorce

The court requires that all divorcing parties complete a Declaration of Disclosure, FL-14O. These are a set of forms used to disclose all your financial information–even separate property. These forms must be exchanged with your spouse and are signed under penalty of perjury, so completing them truthfully and fully is very important; and if you don’t, or fail to provide these forms to your spouse, you can’t get divorced. Violating these rules can result in severe penalties.

You also want to do a good job on your Disclosures. Not only to facilitate the negotiations with your spouse, but if the Disclosures are incomplete, your spouse might interpret this as an intentional omission. This could hurt your negotiations and result in a costly litigation battle. If they are not done correctly, you can also be sanctioned by the court. Since these forms are signed under penalty of perjury, if you fail to disclose information that results in financial harm to your spouse, the judge can set aside or overturn your final agreement. A huge risk that’s just not worth taking.

Declaration of Disclosure:

The Declaration of Disclosure consists of the Schedule of Assets and Debts or the Property Declaration; and, the Income and Expense Declaration. In the Schedule of Assets and Debts or the Property Declaration, you list what you own and what you owe; and in the Income and Expense Declaration, I&E, you disclose what you earn and what you spend. All property and debts in which you have an interest must be listed. You must include the fair market value of the property, the amount of debt, and whether the property is community or separate.

You have a choice between using the Schedule of Assets and Debts, FL-142, or the Property Declaration, FL-160, to disclosure your assets and debts. The forms ask for the same information but are formatted a bit differently. The Property Declaration provides you a column to include how you propose the asset be divided, which the Schedule of Assets and Debts does not. You might have also completed the Property Declaration with your Petition or

Response Packet and will need to complete it if pursuing a Default divorce.

However, you must complete one for the community property and another one for separate property, if you have separate property; but you can disclose both community and separate on one Schedule of Assets and Debts. The Schedule of Assets and Debts all has more space to disclose your information. For the most part, family law professionals use the Schedule of Assets and Debts, FL-142, unless the case is going by default.

However you meet your Disclosure requirement, the courts are so serious about divorcing couples making a full and complete disclosure of all financial information that, unless an exception applies, the Declarations must be completed twice, once as a Preliminary set and then completed again as a Final.

Although this may seem repetitive, the Preliminary and Final are different in three ways. First, each spouse must serve a completed Preliminary on their spouse within 60 days of filing their respective Petition or Response Packet. The Final is provided at the end. There’s no time frame for the Final, other than it being completed when all the financial information is known.

The second difference is the amount of information provided. For both, you must disclose all asset and debt information, but because the Preliminary is done within 60 days of filing your Petition or Response, you may not yet know the character or value of some of the property, so you are not required to include that information in the Preliminary. However, by the time you complete the Final, you should have all the required information, including the property values and characterization of the property, whether community or separate.

The third difference is that you must provide a copy of the last two years of filed tax returns to your spouse with the Preliminary. This doesn’t have to be done again with the Final. Whether it is the Preliminary or the Final, you must include supporting documents with the Schedule of Assets and Debts or Property Statements, such as bank and credit card statements, car titles, and deeds for any real property. This is a lot of personal information so the Schedule of Assets and Debts isn’t filed with the court and the Property Statement does not need to be filed, either. However, you may have filed the Property Statement with your Petition and Response Packets or will file one for a Default Divorce.

Depending on your county, you may not have to file the I&E either. However, if you have any court hearings on monetary issues, like a child or spousal support, then the I&E must be filed and be up to date, no older than 3 months from the date you signed.

Since you do not have to file these with the court, the court requires you to complete and file the “Declaration Regarding Service of Declaration of Disclosure and Income and Expense Declaration,” FL-141. This states that you fully complied with the Declaration requirements and provided them to your spouse. On the form, you will provide the dates you served your spouse the Preliminary, or dates served the Final, and the way you served your spouse, such as personal service or mail. Remember to keep track of your dates and method.

Second, if you are pursuing a summary dissolution or default divorce, you only need to do a Preliminary because your case either deals with minimal property or your spouse is not participating in the divorce. In rare situations, a judge may also excuse someone from doing the final.

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Completing the Declaration of Disclosure:

There are three steps to completing your Declaration of Disclosures. The steps are the same for both the Preliminary or the Final.

The first step is to complete the forms. The second step is to attach the supporting documents, and the final step is to serve them on your spouse. You will also want to make a duplicate copy for yourself to keep for your records to prove you met the disclosure requirement.

The Preliminary and Final have the same set of forms: Schedule of Assets and Debts, FL-142 or Property Declaration, FL-160 (one for community and one for separate); the I&E, FL-150, and a cover sheet, Declaration of Disclosure, FL-140. But you do them twice for the reasons I discussed. These forms are on the California court website and provided in this course with detailed instructions on how to complete them.

As a general instruction, on the Schedule of Assets and Debts and Property Declaration, there is a list of asset and debt categories. Fill out all the requested information. Include every property you are named on even if you do not own any interest in that property, or it’s your children’s accounts. You can add a note explaining that the property belongs to the kids, like a checking or college account. If you do not have that particular asset or debt, write in None for that category.

If you are working on the Preliminary and do not know if you have a particular kind of property, you can write in TBD or Don’t Know. You can also work on the Schedule of Assets and Debts or Property Statement with your spouse, completing one, and then each signing a copy. On the

Property Declaration, you can also provide a proposed division of the property.

On the I&E, each of you will need to do your own because the information is specific to you, like where you work and what you receive in salary. If you do not have one of the incomes or expenses listed, write zero in the blank. You must also attach your last two months of pay stubs and proof of any other income. In very limited situations, you may be able to use the Simplified Financial Statement, FL-155, instead of the I&E. Read the instructions on page two of the FL-155 to see if you qualify.

The simple cover sheet, Declaration of Disclosure, FL-140, is not filed with the court. Complete the page as it applies to you.

As you complete these forms, pay attention to the directions in each box. You will be required to attach supporting documents for some of the categories. Supporting documents include bank statements, car titles, deeds, retirement statements, loan statements, credit card statements, pay stubs, and proof of any other income. You can bind these to the Schedule of Assets and Debts or Property Statements, using a two-hole punch faster or a 3-hole binder. If your spouse agrees, you can provide them using a shared online folder or via email.

Complete the final step by serving your spouse the completed signed and dated forms, with the attached supporting documents. You can serve your spouse directly in person, by mail, or if your spouse agrees to accept the Disclosures via email. You do not need a server. Again, remember the method and date you provided your spouse with your forms. You will also want to make a duplicate copy of whatever you provide your spouse as a record you met your Disclosure requirements.

Exception to Completing a Final:

Completing a Preliminary and then again the Final may still feel unnecessary, especially if you are completing your divorce in a relatively short period of

time and with your spouse’s cooperation. There are a few limited situations in which you can waive the requirement to complete a Final.

First, you and your spouse can agree to waive the Final. You can waive the Final if you exchange a current I&E and update and include the value and character of the assets on your Schedule of Assets and Debts. Waiving the Final may save you some time from having to complete two separate sets of documents. In order for you to waive the Final, you must include a completed and signed “Stipulation and Waiver of Final Declaration of Disclosure,” FL-144, with your final agreement at the end of your case.

Remember, unless you are waiving the final declaration, you must complete and exchange the declarations of disclosure twice.

If you are not waiving the final and have completed your Preliminary, it’s time to complete the “Declaration Regarding Service,” FL-141. If you are waiving the Final, you will sign your Preliminary at the end since it will need to be updated and then complete the FL-141, and file it with your agreement at the end of your case.

Continuous Duty to Disclose:

Not only must you complete these forms, but you also have a continuous duty throughout your divorce to keep your spouse up-to-date on all property and financial issues. If you receive any investment or income-producing opportunities after the date of separation, like a new job or raise, you must disclose this to your spouse. You must also keep your spouse updated on all property and income information, even if your spouse has access to that

information. If you fail to keep your spouse informed during divorce, the court has the right to impose monetary penalties.

The disclosures and duty to disclose are legally required and are the foundation to your property negotiations. After you review your spouse’s Schedule of Assets and Debts or Property Declaration, you might find that you didn’t know about some property or debts, or that you disagree about the value of a property. Looking at your spouse’s I&E you can establish what money is available for support or how much money your spouse needs to pay expenses. Once exchanged, you can actually start property negotiations based on the information provided.

If your spouse is not participating in the divorce and you are finishing your divorce by default, you can finish the divorce without your spouse’s Preliminary. If your spouse is participating but refuses to complete the Disclosures, reach out to a divorce professional for advice. You don’t want to finish your divorce without these very important forms.

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