Category: Filing Divorce Petition & Response

Filing Divorce Petition & Response: Your Complete California Guide Streamlining the Divorce Process | Navigating Petition and Response Forms | Ensuring Seamless Filing Procedures | Expert Insights for California Divorce. Explore the essential steps for filing divorce petitions and response forms in California. Click to access expert guidance and ensure a smooth journey through the divorce process.

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Filing Divorce Petition & Response

FL-810 Summary Dissolution in California

Summary Dissolution in California

Summary Dissolution in California

The initial forms you need to file with the court to start your divorce basically say to the court, I want a divorce. That is it. It’s not your divorce agreement, and completing these forms doesn’t finish your case. You’ll not get a court hearing or trial to finish your case. But, these papers are important. You can’t start your case without them and every divorcing couple must complete them.

There is one very limited exception where both spouses can be Petitioners. It’s a simplified divorce process called Summary Dissolution. Few people qualify for this process. This process is for couples married for less than 5 years without children, very little property or debts, and an agreement that neither one of you’ll receive spousal support from the other. If you are interested in pursuing a Summary Dissolution, read the court’s information booklet, FL-810, “Summary Dissolution Information,” for more information which we have provided as a download.

FL-810 Packet

Guide for Summary Dissolution

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!

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Filing Divorce Petition & Response

How to Locate, File and Serve Ca Divorce Papers in 2023

How to Locate File and Serve Divorce Papers in California

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.”

How to locate and serve Ca divorce papers

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.

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!

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Filing Divorce Petition & Response

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

How to Complete the Response Forms for a Divorce in California

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.

Book Strategy Session

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!

Categories
Filing Divorce Petition & Response

Filing and Serving Divorce Papers in California: A Step-by-Step Guide (2023)

How to Locate File and Serve Divorce Papers in California

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.

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!

Categories
Filing Divorce Petition & Response

Completing a Divorce Petition Forms in California

Completing the Declaration of Disclosure for California Divorce

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.

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! Book a free consultation now. Our services are all 5-star!

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