CALIFORNIA DIVORCE PAPERS WITH EXPLANATIONS

The documents listed below are the primary documents for a California uncontested divorce. You will notice that some of the documents apply to children. If you do not have minor children, these documents are typically not required.

Understanding the California Divorce Paperwork:

• Petition for Dissolution of Marriage (FL-100): establishes residency and asks for the dissolution of marriage or domestic partnership; addresses the duration of relationship; identifies minor children; establishes grounds; requests that the court make orders on legal grounds, child custody and visitation (parenting time) child and spousal support, and the disposition of property and debt.
• Declaration under UCCJEA (FL-105/GC-120): is used to determine and establish jurisdiction of the minor children. The petitioner must complete this form if there are children under the age of 18 and he or she wants the court to establish custody and visitation orders.
• UCCJEA Information Sheet (FL-105(A)/GC-120(A)): is an attachment to FL-105/GC-120 used to establish the history of residences of children involved in custody actions.
• Appearance, Stipulations, and Waivers (FL-13O): signed by both the parties and enters their appearance and stipulates their intentions in the case.
• Preliminary Declaration of Disclosure (Petitioner) - FL-140: a financial summary that must be served on the other party with certain exceptions. Neither disclosure is filed with the court.
• Schedule of Assets and Debts (Petitioner) - FL-142: which is exchanged with the respondent and is not filed with the court. It lists all the petitioner's known community and separate assets or debts, and it must be attached to the petitioner's Preliminary Declaration of Disclosure.
• Income and Expense Statement (Petitioner) - FL-150: details the petitioner's income and expenses, and it must be attached to the petitioner's Preliminary Declaration of Disclosure.
• Declaration Re Service of Declaration of Disclosure and Income and Expense Statement (Petitioner) - FL-141: establishes proper service of the petitioner's Preliminary and Final Declaration of Disclosure (form FL-140), Income and Expense Declaration (form FL-150), completed Schedule of Assets and Debts (form FL-142) or Community and Separate Property Declarations (form FL-160) with appropriate attachments, all tax returns filed by the party in the two years before service of the preliminary disclosures has been made.
• Preliminary Declaration of Disclosure (Respondent) - FL-140: a financial summary that must be served on the other party with certain exceptions. Neither disclosure is filed with the court.
• Schedule of Assets and Debts (Respondent) - FL-142: which is exchanged with the respondent, is not filed with the court. It lists all the respondent's known community and separate assets or debts, and it must be attached to the petitioner's Preliminary Declaration of Disclosure.
• Income and Expense Statement (Respondent) - FL-150: details the respondent's income and expenses, and it must be attached to the respondent's Preliminary Declaration of Disclosure.
• Declaration Re Service of Declaration of Disclosure and Income and Expense Statement (Respondent) - FL-141: establishes proper service of the respondent's Preliminary and Final Declaration of Disclosure (form FL-140), Income and Expense Declaration (form FL-150), completed Schedule of Assets and Debts (form FL-142) or Community and Separate Property Declarations (form FL-160) with appropriate attachments, all tax returns filed by the party in the two years before service of the preliminary disclosures has been made.
• Marital Settlement Agreement: The agreement between the parties that spells out the terms and conditions of their divorce and makes the final and complete settlement of all of their rights and obligations concerning child custody, child support, spousal support, and division of property and debt.
• Judgment of Dissolution of Marriage (FL-180): terminates the marriage and provides for additional court orders regarding child custody, visitation, child and spousal support, and property and debt distribution.
• Continuation of Judgment for Item 4(k): an attachment to the judgment order in which child support is set forth in the MSA; or the Child Support Information and Order Attachment (form FL-342) or (3) Stipulation to Establish or Modify Child Support and Order (form FL-350).
• Continuation of Judgment for Item 4(l): an attachment to the judgment order in which support is ordered and including the Spousal, Partner, or Family Support Order Attachment (form FL-343).
• Continuation of Judgment for Item 4(m): an attachment to the judgment order in which property is divided and including Property Order Attachment to Judgment (form FL-345).
• Continuation of Judgment for Property & Debt: This form lists separate, community and quasi-community property of the two spouses.
• Notice of Entry of Judgment: FL-190: informs the parties that the judgment of divorce has been entered.
• Stipulation to Establish Child Support (FL-350): is the stipulation establishing or modifying child support and a court order.
• Child Support Case Registry Form (FL-191): must be complete by both parents. This confidential form includes information about child, family and spousal support. The information on this form will be included in a national database that, among other things, is used to locate absent parents.
• Notice to Withhold Child Support (optional) - FL-196: is used for income withholding in tribal, intrastate, and interstate cases as well as all child support orders initially issued in the state on or after January 1, 1994, and all child support orders initially issued (or modified) in the state before January 1, 1994 if arrearages occur.
• Notice of Rights and Responsibilities - Health Care Costs and Reimbursement Procedures (FL-192): is a notice of rights and responsibilities for parents whose child support order includes a provision for the reimbursement of a portion of the child's or children's health care when these costs are not paid by insurance.
• Earnings Assignment Order for Spousal Support (FL-435): is an earnings assignment for spousal or partner support, made to the employer of a obligor. It is a court order, and the employer must withhold a portion of the earnings of obligor and pay as directed below.
• Declaration for Default or Uncontested Dissolution of Marriage (FL-230): is used when both parents agree to the divorce and there are "irreconcilable differences that have led to the irremediable breakdown of the marriage or domestic partnership, and there is no possibility of saving the marriage or domestic partnership through counseling or other means."