The family law process involves a lot of forms that must be filed with the court and served on the other party. Here, you will find forms either required by, or often used, by all of the California courts to start a divorce case. These are “Judicial Council” forms. Sometimes, a court may have additional forms that are required, called local forms. You should contact the court branch in your county directly to ask about local forms.
Getting Started:
The first thing you need to do is file your Petition and Summons. The Petition starts your case and gives the court basic information about you, your spouse or partner, your marriage, and your children and property (if any).
- Petition for Dissolution of Marriage/Legal Separation (FL-100)
- Petition to Establish Parental Relationship (FL-200)
- Petition for Custody and Support of Minor Children (FL-260)
The Summons lets your spouse that you started a case, in what court, the time for them to file a response, and it includes additional information that both parties must follow.
- Family Law Summons (FL-110)
- Parentage – Custody and Support Summons (FL-210)
Are there children? If you and your spouse or partner have minor children, you both will need to file what is called the Declaration under Uniform Child Custody Jurisdiction and Enforcement Act, or UCCJEA. This form gives the court more detailed information about the children listed in the Petition.
The Petition, Summons, and any other form you filed with the court (with exceptions), along with a blank copy of certain forms, must be personally served on your spouse or partner. This means that the documents are handed to you spouse. There may be reasons why personal service is not possible. If any issues arise, just speak with 4WheelJD™.
- Proof of Service of Summons (FL-115)
If you are the Respondent, meaning you were served with a Petition and now must respond, you will fill out a Response to the Petition, and other forms as needed. For example, if you and your spouse have minor children, you will also need to complete a Declaration under UCCJEA.
- Response – Marriage/Domestic Partnership (FL-120)
- Response to Petition to Determine Parental Relationship (FL-220)
- Response to Petition for Custody and Support of Minor Children (FL-270)
Financial Disclosures:
You will also need to exchange financial disclosures. You make the disclosures by filling out an Income and Expense Declaration, Schedule of Assets and Debts (or Property Declarations), and Declaration of Disclosure. This can be a time-consuming and frustrating step, especially because this is where you begin to identify what is community property and your separate property. It may also mean searching for supporting documents that you haven’t thought about in years!
The Declaration of Disclosure must be included when you serve your preliminary and final declarations of disclosure. You do not file this with the court, but you do complete it and serve it on the other party.
- Declaration of Disclosure (FL-140)
The Schedule of Assets and Debts accompanies the Preliminary and Final declarations of disclosures, however it is not filed with the court. It is only served on the other party. It is incredibly important that this form be filled out accurately and hontestly and that you provide supporting documents for the different categories.
- Schedule of Assets and Debts (FL-142)
The Income and Expense Declaration is required as part of the Preliminary and Final declarations of disclosure. It is also required whenever you or the other party are requesting money or challenging a request for money. It must be filled out accurately, completely, and include required documents. You must also update this form if more than 90 days have passed since you last served one, unless there have been no changes to your income and expenses.
- Income and Expense Declaration (FL-150)
The Property Declaration may be used instead of the Schedule of Assets and Debts in some cases. If you complete this form, you have to complete one for Community/Quasi-Community Property and one for Separate Property. So, you will have two of these forms, both with required documentation.
- Property Declaration (FL-160)
The Declaration Regarding Service of Declaration of Disclosure must be filed with the court and served on the other party. This tells the court that you have exchanged the Income and Expense Declaration and either the Schedule of Assets and Debts or Property Declaration, and all required documents and statements, as part of your Preliminary or Final declaration of disclosure.
Request for Court Orders:
During your family law process, you may need the court to make orders on issues including, but not limited to, spousal or child support, custody and visitation, attorney fees, or some other issue. There can be many forms involved with making requests, so it is recommended that you get an attorney to assist you.
The Request for Order asks the court to make decisions about certain issues in your case. Once this is filed, the court will use it to set a date and time of your hearing. It must be served on the other side once you get your hearing information. You must serve them no less than 16 COURT days before the hearing.
- Request for Order (FL-300)
If you were served with a Request for Order, then this is the form you use to respond. You say whether or not you agree with the orders requested. You may also make alternative requests on this form. You must file your Responsive Declaration no less than 9 COURT days before the hearing.
- Responsive Declaration (FL-320)
If you are requesting spousal support, it is a good idea (and mandatory for some courtrooms) to include the Spousal or Domestic Partner Support Declaration Attachment form with your Request for Order for spousal/partner support. You can also use this form when you are responding to a request for support. It covers the factors the judge will use to determine whether and how much support is granted.
If you are requesting attorney fees and costs in your case, these forms are used to make the request and tell the court why the request should be granted or denied.
- Request for Attorneys Fees and Costs Attachment (FL-319)
- Supporting Declaration for Attorneys Fees and Costs Attachment (FL-158)
If you case involves custody and/or visitation issues, this form gets attached to your Petition for Dissolution, Response, Request for Order, or Responsive Declaration. It gives the court and the other party more information about your custody and visitation request, such as a parenting plan. There are other forms that may be used
Serving The Other Party:
Once you have filled out your forms or pleadings, you must serve the other party. The two most common ways to serve another party is by having someone drop your packet in the mail (mail service) or by having someone hand it directly to the other party (personal service). You may also be able to serve your documents by fax or email (electronic service) if the other party is consents, or is the lawyer representing the other party. The person who served the documents must sign the Proof of Service. It cannot be you. You must file proof with the court that your form or pleading was served.
- Proof of Personal Service (FL-330)
- Proof of Service – Mail (FL-335)
- Proof of Electronic Service (POS-050/EFS-050)
Finishing up:
Your family law case will eventually come to an end. All cases end in a judgment, whether it is through the court, agreement, or it is by default or uncontested.
If you case was resolved by default, was uncontested, or you reached an agreement, you must file the Declaration for Default or Uncontested Dissolution or Legal Separation.
The Appearance, Stipulations, and Waivers form tells the court that you and the other party (spouse, partner, or other parent) have reached an agreement and want the court to approve your agreement without a trial. This form is required when you submit a written, signed agreement.
In Parentage cases (Establish Parental Relationship), when there is an agreement, you must also submit an Advisement and Waiver of Rights Regarding Determination of Parental Relationship. Each Party must sign one.
Once the court has ruled in your case or you have reached an agreement you must file the Judgment form. It sets forth the orders issued by the court (with necessary attachments) or includes the stipulation (agreement) between you and the other party.
- Judgment – Family Law (FL-180)
- Judgment – Custody/Parental Relationship (FL-250)
You must also submit the Notice of Entry of Judgment to the court. However, you only need to fill out the top portion above the title of the form. The court will complete the rest of the document and send it back to you. It will state the date that your marital status changed and the date the Judgment was entered.
- Notice of Entry of Judgment (FL-180)
There are other forms that may be used in your case. This page includes some of the more common forms. There may be moving papers (also called Pleadings) that do not use a form. If you are unsure about which forms or pleadings to use please speak to an attorney. Your lawyer can also help you make sure these forms and pleadings are filled out correctly, as well as have them served properly.