CALIFORNIA STANDARD UNCONTESTED DIVORCE
PURPOSE OF THIS DOCUMENT
This interactive questionnaire is designed to create a series of documents that can be used to obtain
an uncontested divorce in a California Superior Court for marriages with or without minor children.
These documents, and accompanying explanations and filing instructions have been compiled for
married couples who are seeking a divorce and agree on all matters relating to the legal action.
Parties may 1) use these documents and represent themselves “pro se” (that is, without the
assistance of an attorney) 2) use these documents and seek legal review and advice from a licensed
attorney in the state; or 3) use these documents and obtain legal counsel to assist with the legal
action in the circumstance that the other spouse may have hired an attorney.
DIVORCE IN CALIFORNIA
A divorce is a legal proceeding that dissolves a marriage. In California, the phrase "dissolution of
marriage" means the same as "divorce". All of the legal rights and relationship as husband and wife
that were created by the marriage are ended when a Judge signs the divorce decree. It is a relatively
simple matter if the parties agree to divorce, but if only one party wants a divorce, or there are
outstanding issues of custody, support, the division of property, debt, etc., the Court in most cases will
not grant a divorce decree until those issues are resolved.
CONTACTING TECHNICAL SUPPORT
If you encounter technical problems, please e-mail us by using the Support link within our web site. If
you purchased this service from a law firm, and you have legal questions that require legal advice,
please contact your attorney via your secure MyLegalAffairsweb space or as indicated at the law
firm’s web site.
ASSISTANCE FROM THE COURT
California Courts provide access to Family Law Facilitators these are Court officers or attorneys
who are available for free limited assistance. If you have difficulty completing a document or
understanding a topic related to this divorce, contact or visit the family law facilitator in your Court.
PREPARED AND UNPREPARED DOCUMENTS
Due to the specific filing requirements and procedures described below, several sets of documents
must be prepared by both the Petitioner and Respondent. It will be the responsibility of the Petitioner
to provide such sets of blank documents to the Respondent. In order to make the blank documents
available to both you and your spouse, the documents in this secondary file are blank or mostly-blank.
Likewise, some of the details in the documents will depend on how you chose to serve your spouse
and how he or she responded (if at all). As such, these details are obviously not available until the
filing process is well underway, and therefore cannot be completed initially.
In short, some documents may contain little or no information, while others will be prepared already in
full. As such, you will often need to add personal details to your version of the documents in ink,
before sending documents to your spouse or filing documents with the Court. Blank copies for your
spouse to prepare will also need to be provided, as needed and described below.
UNCONTESTED ACTIONS ONLY
These documents are designed to allow the parties to represent themselves in Court, for uncontested
divorce actions only where there is no dispute over issues. If you anticipate that you and your
spouse will not be able to come to an agreement on the involved issues, or if your spouse has
retained an attorney to contest any part of the divorce, you should obtain licensed legal representation
for yourself.
RESIDENCY REQUIREMENTS
By California law, at least one of the parties must meet each of the following three requirements:
Current resident of the county where the action is being filed, and
Resident of that county for at least the last three (3) months, and
Resident of California for at least the last six (6) months.
COUNTY VARIATIONS
These documents and instructions have been designed to meet the requirements set by California
state laws. It is possible that county variations exist in the documents and/or filing instructions. As
such, please understand that adjustments may need to be made to meet the local documents and/or
procedures. Please work with your Court Clerk to ensure that adjustments are accurate.
Marital Settlement Agreement (MSA)
A Marital Settlement Agreement (MSA) is a detailed agreement drafted by the parties, agreed to and
signed. Such agreements typically cover matters of child custody, visitation, child support, medical
insurance, retirement benefits, property division, debt division, and alimony.
A MSA is highly recommended if minor children are involved, and required if alimony, child support,
child custody, or property division will be requested.
These agreements are enforceable like any other contract, and when incorporated into the Divorce
Decree become subject to the contempt power of the Court. They can usually be later modified by the
Court as to child custody, support, and visitation, if the agreement specifically permits such
modification. (Please Note: A MSA may be available on the same Web site where these divorce
documents were purchased.)
NOTE: When a MSA is used, some parties prepare and sign the MSA before they begin filing
any divorce documents. Other parties choose to prepare the agreement during the divorce
filing process. A copy of the prepared MSA, signed by each party in the presence of a Notary
Public, must ultimately be filed with the Court either early or late in the process. This copy is
typically an "original" copy one which contains the original signatures of both parties, not a
photocopy.
Parenting Plan
A parenting plan is a document that outlines the parenting schedule and can include each parent’s
responsibilities in raising their children. This is not required, but you may prepare one to show the
Court your agreement regarding parenting. The plan will detail among other things decision-making
responsibilities, residential responsibilities, legal residence of the children for school attendance,
transporation and exchange of children, information sharing and access, relocation, and dispute
resolution methods.
UNNECESSARY DOCUMENTS
There are many documents included in this legal service and referenced in the detailed filing
instructions below. Your specific circumstances may show that certain documents are not required.
For example, if you and your spouse have no community property to divide (or such property is listed
in your MSA), you can discard the related property description documents. If your divorce does not
involve minor children, you can discard the UCCJEA documents (listing details of the minor children).
There are also some attachment documents included, in case some information does not fit on the
standard documents. These attachments can be discarded if they are not needed.
You do not have to print any documents which obviously do not relate to your legal action.
OTHER GENERAL INFORMATION AND NOTES
Keep good records of important details Make a checklist of all important dates, actions and
details. Date of filing, date of mailing, was a final set of financial/asset documents waived by the
parties? (see below), is an MSA being used?, did your spouse respond to the legal action or is this
proceeding by default? (see below) These details can help you identify which sets of documents
relate to your case and what sections of instructions are relevant.
Blank documents vs. Original documents Within these instructions, there are many references to
both "blank documents" and "original documents".
Blank documents are documents which may contain a completed header (parties' names,
case number, Court location) and/or have certain options marked (for example, a document to
be completed by your spouse may already have "Respondent" marked in appropriate places).
These documents are ready to be completed by a party.
Original documents are those documents which have been completed and contain original
signatures. Copies of these documents are usually kept for each party's records. Original
documents (with original signatures) are always filed with the Court whenever possible (unless
specific directions state otherwise). Before any original document is filed or sent to your
spouse, be sure to make a copy for your records.
Adding final details Before mailing any document to your spouse, filing any document with the
Court, or even signing any document, be sure to read the entire document carefully. Some details,
dates, and checkmarks are not prepared through the interactive questionnaire. As such, you must
add details and relevant checkmarks in ink, where applicable.
Filing In-Person Several sets of documents may need to be filed by both you and your spouse.
Typically, filings are done in-person. This may not be convenient, or even possible if one party is
living in another state or across the country. The party which is not able to file documents in-person
(the Husband, for example) may be able to complete his copy of the documents, provide them to the
Wife, and she may be able to file all sets of documents herself. The Court may prefer to receive
documents from that distant party by mail, rather than through only one local party. If both parties
cannot each file their documents in-person (or simply prefer not to), contact the Court Clerk to learn
more about alternative filing methods. If documents are not filed properly, your legal action will not be
valid.
Alimony You can request that alimony be paid by either party. This issue is typically handled in
greater detail within a Marital Settlement Agreement (MSA).
Resuming a Prior Name Within the California divorce procedure, if any party has changed their
name due to the marriage, they may now choose to resume use of a prior name. This right is not only
provided to the Wife.
Property and Debts The Petitioner must be willing to disclose all property and debts. If the
Respondent replies to the lawsuit, he or she must also be willing to make a full disclosure.
The parties should make decisions of how each piece of property or each debt is to be
handled, prior to filing. Property and debts are divided into the two categories of Separate and
Community (or Quasi-Community).
Be sure to consider pension and retirement benefits, IRA accounts, 401(k) plans, life
insurance policies, security deposits, promissory notes, unpaid taxes, medical bills, credit card
accounts, and other loans or mortgages. Exclude things like clothing, pots and pans, books,
and other smaller items and personal effects.
Separate Property and Debts:
All property you owned before the marriage;
All property given to you as a gift or inheritance -- even if the gift or inheritance occurred
during the marriage;
The rents, profits, or other money earned from your separate property; and
Property you acquired after the date of separation.
Community and Quasi-Community Property and Debts: Generally, everything you bought
while you were married, even if only one of you earned or spent the money. Most debts
incurred by either party during the marriage are community debts, even if a credit card was in
the name of one spouse only. Community property and community debts are usually divided
equally. Quasi-Community property is typically only real property which is located outside of
California which would be typically be considered community property if it were in California.
Confidential Addresses: In some limited situations, the current address of a minor child and/or the
Petitioner should be kept confidential due to a prior marriage which involved domestic violence. The
address of these persons can be listed and marked as Confidential. Please work with your local Court
Clerk to provide affidavits and evidence in order to prove why this confidentiality is needed and should
be allowed by the Court.
CALIFORNIA STANDARD UNCONTESTED DIVORCE
General and Detailed Filing Instructions
Please be sure to thoroughly review the explanations and procedures provided below. You
should have a general understanding of these procedures and requirements before signing or
filing any documents.
COPIES OF BLANK DOCUMENTS
There are at least a dozen documents related to this legal action, most with multiple pages. A couple
documents are only used in certain situations (for parties who have minor children, for example). A
few are prepared only by the Petitioner and then filed in Court. The majority of documents however
must be prepared by each of the parties that is, a set must be prepared by the Petitioner and a set
must be prepared by the Respondent (spouse). These sets are later filed in Court.
Because of this need, many of the provided documents are blank or mostly blank allowing copies to
be made so that each of the parties may prepare a set. Below is a list of the number of copies of
each document which should be available prior to you or your spouse adding any indocumentation in
ink. Please review this list, as well as the remaining instructions provided below prior to preparing,
signing, mailing, or filing any documents. You are welcome to print multiple copies directly from your
computer, or print one copy and photocopy the others.
Copies of blank documents:
Petition (FL-100) 1 total
Property Declaration document (FL-160) 4 total (if applicable)
Property Declaration Continuation document (FL-161) 4 total (if applicable)
Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) document
(FL-105) 2 total (if applicable)
Attachment 3c for Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act
(UCCJEA) 2 total (if applicable)
Summons (FL-110) 1 total
Declaration of Disclosure document (FL-140) 4 total
Schedule of Assets and Debts document (FL-142) 4 total
Income and Expenses Declaration document (FL-150) 4 total
Declaration Regarding Service of Declaration of Disclosure and Income and Expense Declaration
document (FL-141) 4 total
Stipulation and Waiver of Final Declaration of Disclosure document (FL-144) 1 total (if
applicable)
Response document (FL-120) 1 total
Proof of Service document (FL-115) 1 total (if applicable)
Notice and Acknowledgment of Service document (FL-117) 2 total (if applicable)
Appearance, Stipulations, and Waivers document (FL-130) 1 total (if applicable)
Request to Enter Default document (FL-165) 1 total (if applicable)
Declaration for Default or Uncontested Dissolution or Legal Separation document (FL-170) 1
total (if applicable)
Notice of Entry of Judgment document (FL-190) 1 total
Judgment document (FL-180) 1 total
Again, these are the total numbers of "blank" copies which may be needed and should be available
prior to any documents being further prepared, signed, mailed, or filed. As noted above, before any
document which you have prepared and signed leaves your possession, you should make a copy for
your records. As such, copies of prepared documents will be made from time to time during the filing
process.
GENERAL FILING PROCEDURE
While the detailed description of the filing process is somewhat long, the actual process is actually
very straightforward.
1. Initial documents are prepared.
2. Financial documents are prepared.
3. Initial documents are filed in Court.
4. Service is completed.
5. Proof of service is filed with the Court.
6. Final documents are prepared and filed. A Hearing may be scheduled.
7. Attend the Hearing (if there is one).
8. Receive notice that the divorce is approved. (Note: A divorce typically cannot be finalized
and effective until six months have passed after proof of service is filed with the Court.)
DETAILED FILING PROCEDURE
I. INITIAL SET OF DIVORCE DOCUMENTS
Documents used in this section:
Petition document (FL-100)
Summons document (FL-110)
Property Declaration document (FL-160) (if applicable)
Property Declaration Continuation document (FL-161) (if applicable)
Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) document
(FL-105) (only needed if the parties have minor children)
Attachment 3c for Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act
(UCCJEA) (only needed if there are more than two minor children involved)
Sign the Petition document (FL-100). Gather the prepared Petition document (FL-100) and the
Summons document (FL-110).
If you have separate property and/or debts and will be itemizing them in the Property Declaration
documents (FL-160), mark one set, noting that they are for you, the Petitioner, and that the
documents will contain details of Separate property. List your property. Use the Property
Declaration Continuation documents (FL-161) if all of the details will not fit on the primary
document.
If you have community property and/or debts and will be itemizing them in the Property
Declaration documents (FL-160), mark a separate set in a similar manner, only now noting that
they are for you, the Petitioner, and that the documents will contain details of Community property.
List your property. Use the Property Declaration Continuation documents (FL-161) if all of the
details will not fit on the primary document.
NOTE: As noted on the Property Declaration documents (FL-160), do not itemize separate and
community property on the same documents. Use a different set for each.
If you and your spouse have minor children, finish the preparation of one copy of the Declaration
Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) document (FL-105)
(and Attachment 3c, if needed). Specifically, lines 4 through 8 relate to other Court cases,
proceedings, and orders related to the custody and welfare of the minors. These details must be
completed, in ink, prior to any mailing to your spouse or filing in Court. Sign this prepared copy
and add it to the set of other prepared initial divorce documents.
Make two copies of this prepared set of documents. Put one copy aside for your personal records.
The original set (with original signatures) and one copied set will be used in your initial filing.
If you need temporary orders for child support, spousal support (alimony), bill payment, protection
from domestic violence, or other uncommon issues, your local Court Clerk will provide additional
documents.
II. PREPARE THE PRELIMINARY FINANCIAL/ASSET DISCLOSURE DOCUMENTS
Documents used in this section:
Declaration of Disclosure document (FL-140)
Schedule of Assets and Debts document (FL-142)
Income and Expenses Declaration document (FL-150)
Both you and your spouse will need to complete a set of preliminary financial/asset documents,
make a copy of the prepared documents, and provide this copy to the other party or file with the
Court, as specified below.
This preliminary disclosure between the parties is mandatory. Proof that the disclosures were
shared must be filed with the Court, but the actual financial documents will not be filed.
A follow-up set of "final" financial/asset documents is sometimes required late in the filing process,
but can be skipped under certain circumstances (see Section V and Section VI below).
At this time, assume that both a preliminary set and a final set of financial/asset documents
will need to be prepared by each party.
Put three sets of blank financial/asset documents aside. You will only be preparing one at this time.
Within the preliminary set, parties typically skip exact values of properties and debts in the
financial/asset documents.
Prepare the Declaration of Disclosure document (FL-140) (mark it as preliminary). Prepare your
preliminary Schedule of Assets and Debts document (FL-142) and the Income and Expenses
Declaration document (FL-150) by listing all of the requested financial details of your assets and
debts. Sign these documents. Attach one copy of your three most recent pay stubs. Attach one copy
of your most recent federal income tax return.
Make one copy of this set of completed financial/asset documents (including any attached copies of
personal pay stubs and tax returns). The original set is for your personal records.
Gather the copied set of the prepared financial/asset documents (and attached copies of personal
financial documents).
III. INITIAL FILING WITH COURT and SERVICE (GENERAL)
Documents used in this section:
Prepared set of initial divorce documents (FL-100, FL-110, and FL-105 (if applicable))
Copied set of prepared initial divorce documents
Copied set of prepared preliminary financial/asset documents (FL-140, FL-142, FL-150)
Two blank Property Declaration documents (FL-160)
Two blank Property Declaration Continuation documents (FL-161)
Blank UCCJEA document (FL-105) (if applicable)
Blank Attachment for UCCJEA document (if applicable)
Two blank sets of the financial/asset documents (FL-140, FL-142, FL-150)
Blank Declaration Regarding Service of Declaration of Disclosure and Income and Expense
Declaration document (FL-141)
Stipulation and Waiver of Final Declaration of Disclosure document (FL-144) 1 total (if
applicable)
Blank Response document (FL-120)
Instructions for the Respondent
Proof of Service document (FL-115) (depending on method of service)
Two copies of the Notice and Acknowledgment of Service document (FL-117) (depending on
method of service)
NOTE: Whenever possible, unless otherwise directed, file original documents with original signatures
with the Court.
Documents will be filed with the Court to start the divorce action. Your spouse has a legal right to be
notified of this action. Providing this notification is known as service. There are specific procedures
for proper service. The different types of service sometimes require different service documents.
The prepared and blank documents listed above will either all be included in your initial filing, or some
will be used in your initial filing and the remainder will be used during service shortly thereafter. This
depends on the method of service which you use and the local procedures in your area. During your
initial filing, you must notify the Court Clerk of how you intend to serve papers on your spouse. Please
read through this section carefully and adjust your initial filing accordingly.
Based on service laws and procedures, you cannot personally serve your spouse with any
documents. You cannot personally give your spouse copies of any documents. You cannot
personally deliver any documents to his or her home or work. You cannot personally mail any
documents to your spouse.
The nature of service provides that there is always a third-party adult involved. This is a person who
is at least eighteen (18) years old who does not have any direct interest or gain from your legal action.
(You and your spouse each have direct interest.) As such, unless otherwise specified, if the
instructions below direct you to "mail to your spouse" a document you must obtain the services of a
third-party adult. This can be a co-worker, neighbor, etc. Courts often accept relatives and friends as
qualifying third-parties, but the closer the person is to you the greater the possibility that their
possible interest in the legal action may come under question. (This is highly unlikely, but it can
disrupt your legal action.)
If one type of service fails, in order to continue with the legal action, you must try again. You can try
the same method of service, or attempt a different method. Early in the filing process, a Writ of
Summons will be issued by the Court (see below). This document is only valid for 60 days. If you
cannot properly serve your spouse in this timeframe, you may need to ask the Court to issue another
Writ. Work with your Court Clerk if this becomes necessary.
Some counties have alternate service procedures available if you make worthwhile efforts but cannot
ultimately locate your spouse or if he or she does not cooperate with the traditional methods listed
below. These alternative methods may involve Posting or Publication. Work with your local Court
Clerk and/or a Sheriff if you need to attempt alternative service methods.
If you need to serve a party who is in jail or prison, work with your local court clerk to fulfill proper
service procedures. Our company does not have information regarding these special procedures.
NOTE: Preliminary financial/asset documents will be shared between the parties. If you and your
spouse wish to waive the requirement to share the final version of financial/asset documents, sign the
Stipulation and Waiver of Final Declaration of Disclosure document (FL-144). Include this signed
document when you send the preliminary financial/asset documents to your spouse.
COMMON METHODS OF SERVICE (three options)
Method A. Private Process Service Your initial filing will consist of:
prepared set of initial divorce documents (FL-100, FL-110, and FL-105 (if applicable))
copied set of prepared initial divorce documents
File the prepared set of initial divorce documents with the Court Clerk of the local Superior Court.
Notify the Clerk that you are filing for divorce. Pay the filing fee. Notify the Clerk that you have
also brought a copied set of the documents. The Clerk will issue a case number and add the
number to your documents.
Notify the Clerk that you will be serving your spouse by Private Process.
The Clerk should sign and/or stamp the Summons document and provide an official copy to you.
This is commonly known as a Writ of Summons. In some counties, the Clerk will provide this to
you immediately. In other counties, the Clerk will issue a separate Writ of Summons within 5 to 10
days and mail the document to you.
The Clerk should return to you the copied set of prepared initial divorce documents after adding
your case number to the documents. If the Clerk did not add your case number to the copied set,
add it yourself.
NOTE: Do not leave the Clerk's office without your case number. For the remainder of this
legal action, this case number must appear on every document before it is filed with the
Court or served on your spouse.
When you return home, add your case number to every document, including any blank copies
which will be provided to your spouse.
When you have obtained the signed/stamped Writ of Summons, make two copies. One of these
copies is for your personal records.
Gather together:
Copied set of prepared initial divorce documents (FL-100, FL-110, and FL-105 (if applicable))
Copied set of prepared preliminary financial/asset documents (FL-140, FL-142, FL-150)
Two blank Property Declaration documents (FL-160)
Two blank Property Declaration Continuation documents (FL-161)
Blank UCCJEA document (FL-105) (if applicable)
Two blank sets of the financial/asset documents (FL-140, FL-142, FL-150)
Blank Declaration Regarding Service of Declaration of Disclosure and Income and Expense
Declaration document (FL-141)
Stipulation and Waiver of Final Declaration of Disclosure document (FL-144) 1 total (if
applicable)
Blank Response document (FL-120)
Instructions for the Respondent
Original signed/stamped Writ of Summons
These papers must now be served by an adult who is not involved in the legal action. As such,
you cannot serve the documents on your spouse.
Two options:
(1) Ask a personal acquaintance. Ask a co-worker, neighbor, or friend to serve these papers on
your spouse. Work with this party to prepare the Proof of Service of Summons document (FL-
115). This document will be signed after service is completed. The server will need to hand the
divorce documents directly to your spouse and notify them that they are being served. If service is
being conducted at your spouse's home, the server can leave the documents with a roommate or
relative of your spouse, as long as this person lives in the same residence. Once service is
completed, the server will need to finish the Proof of Service of Summons document (FL-115) if it
is not already fully prepared. The server should then sign the document and return it to you.
(2) Hire a professional process server. There are companies which can be hired to serve legal
documents. These companies are used by many parties of legal actions and by attorneys too. A
fee will be involved, and the fee usually increases with the distance that the server has to travel to
reach your spouse. As such, you may wish to use a server who is located near your spouse's
home or work. Process server companies usually use their own Affidavit of Service or Proof of
Service documents. Therefore, you may not need the Proof of Service of Summons document
(FL-115) provided by our company. Once service is completed, the server will return to you some
type of completed and signed Affidavit (or Proof) of Service document.
Regardless of who serves the documents on your spouse, once the server has completed, signed,
and returned a Proof of Service of Summons document (FL-115) (or similar proof), make a copy
for your personal records.
Attach the original signed Proof of Service of Summons document (FL-115) (or similar proof) to a
copy of the Writ of Summons. These are your completed service documents which will prove that
service was properly conducted. They will be filed shortly.
Method B. Certified Mail This method can only be used if your spouse will cooperate by accepting
a certified mailing and signing and returning receipts which help prove that the documents were
received. Your initial filing will consist of:
Prepared set of initial divorce documents (FL-100, FL-110, and FL-105 (if applicable))
Copied set of prepared initial divorce documents
File the prepared set of initial divorce documents with the Court Clerk of the local Superior Court.
Notify the Clerk that you are filing for divorce. Pay the filing fee. Notify the Clerk that you have
also brought a copied set of the documents. The Court Clerk will issue a case number and add
the number to your documents.
Notify the Clerk that you will be serving your spouse by Certified Mail.
The Clerk should sign and/or stamp the Summons document and provide an official copy to you.
This is commonly known as a Writ of Summons. In some counties, the Clerk will provide this to
you immediately. In other counties, the Clerk will issue a separate Writ of Summons within 5 to 10
days and mail the document to you.
The Clerk should return to you the copied set of prepared initial divorce documents after adding
your case number to the documents. If the Clerk did not add your case number to the copied set,
add it yourself.
NOTE: Do not leave the Clerk's office without your case number. For the remainder of this
legal action, this case number must appear on every document before it is filed with the
Court or served on your spouse.
When you return home, add your case number to every document, including any blank copies
which will be provided to your spouse.
When you have obtained the signed/stamped Writ of Summons, make two copies. One of these
copies is for your personal records.
Gather together:
Copied set of prepared initial divorce documents (FL-100, FL-110, and FL-105 (if applicable))
Copied set of prepared preliminary financial/asset documents (FL-140, FL-142, FL-150)
Blank UCCJEA document (FL-105) (if applicable)
Two blank sets of the financial/asset documents (FL-140, FL-142, FL-150)
Blank Declaration Regarding Service of Declaration of Disclosure and Income and Expense
Declaration document (FL-141)
Stipulation and Waiver of Final Declaration of Disclosure document (FL-144) 1 total (if
applicable)
Blank Response document (FL-120)
Instructions for the Respondent
Original signed/stamped Writ of Summons
Obtain a large envelope. Address the envelope to your spouse's home. Do not add a return
address. Put these documents into a large envelope but do not seal the envelope.
These papers must now be served by an adult who is not involved in the legal action. As such,
you cannot serve the documents on your spouse.
Ask a co-worker, neighbor, or family friend to accept the responsibility of mailing these documents
to your spouse. Provide to this "sender" the unsealed envelope full of documents, two copies of
the Notice and Acknowledgment of Receipt document (FL-117), and one copy of the Proof of
Service of Summons document (FL-115).
The sender should add his or her mailing address to the envelope as the return address.
The sender must verify which documents are being included in the mailing. As such, he or
she should remove all of the documents, flip through them, and verify which documents are being
provided by completing both copies of the Notice and Acknowledgment of Receipt document (FL-
117). This verification does not need to be done in private. If you wish, sit with the sender while
he or she flips through these pages and completes the Notice with all of the necessary details
(blank copy and prepared copy of document FL-140 check, blank copy and prepared copy of
document FL-142 check, etc.). The sender can complete most of the Proof of Service of
Summons document (FL-115) at the same time, as it contains many of the same details. This
document should not be signed yet.
When both of the copies of the Notice document have been completed by the sender, he or she
should gather one prepared Proof of Service of Summons document (FL-115) and one prepared
Notice and Acknowledgment of Receipt document (FL-117). The other Notice should be put with
the papers which are being served back into the envelope. Seal the envelope. The sender should
then take the envelope to the post office and sent it by certified mail, restricted delivery, return
receipt requested. Again, this does not need to be a private effort, you can go with the sender to
the post office you simply cannot mail the documents yourself. The post office should issue a
receipt (or receipts) for this mailing. Keep all of the receipts / paperwork associated with this
mailing.
Once the mailing is done, the sender should have one prepared Proof of Service of Summons
document (FL-115), one prepared Notice and Acknowledgment of Receipt document (FL-117),
and receipts of the certified mailing. He or she can now sign the Proof of Service of Summons
document (FL-115), and provide these remaining documents to you.
Make a copy of the Proof of Service of Summons document (FL-115). This copy, along with the
copy of the Notice and the receipts from the certified mailing are for your personal records.
Upon delivering the certified mail, the postal worker will have your spouse sign a green return
receipt. The post office will then send that signed receipt to the return address provided (the
sender's).
Your spouse will need to complete and/or sign the lower half of the Notice and Acknowledgment of
Receipt document (FL-117). Your spouse should then make a copy of the document (for his or
her personal records) and return the original signed document to the sender. This can be done by
regular mail or handed over in-person
The sender will now be waiting to receive the signed return mailing receipt from the postal service,
and the signed copy of the Notice document from your spouse. The sender should provide these
documents to you when they arrive.
Gather together:
Green return mail receipt (signed by your spouse)
Original Notice and Acknowledgment of Receipt document (FL-117) (signed by your spouse)
Original Proof of Service of Summons document (FL-115) (signed by the sender)
Attach these documents to the copy of the Writ of Summons. These are your completed
documents which will prove that service was properly conducted. They will be filed shortly.
Method C. Sheriff Depending on local procedures, your initial filing may consist of:
Prepared set of initial divorce documents (FL-100, FL-110, and FL-105 (if applicable))
Copied set of prepared initial divorce documents
Copied set of prepared preliminary financial/asset documents (FL-140, FL-142, FL-150)
Blank UCCJEA document (FL-105) (if applicable)
Two blank sets of the financial/asset documents (FL-140, FL-142, FL-150)
Blank Declaration Regarding Service of Declaration of Disclosure and Income and Expense
Declaration document (FL-141)
Stipulation and Waiver of Final Declaration of Disclosure document (FL-144) 1 total (if
applicable)
Blank Response document (FL-120)
Instructions for the Respondent
Bring this collection to your initial filing. File the prepared set of initial divorce documents with the
Court Clerk of the local Superior Court. Notify the Clerk that you are filing for divorce. Pay the
filing fee. Notify the Clerk that you have also brought a copied set of the documents. The Court
Clerk will issue a case number and add the number to your documents.
Notify the Clerk that you want the Sheriff to serve your spouse. Pay the service fee.
NOTE: Do not leave the Clerk's office without your case number. For the remainder of this
legal action, this case number must appear on every document before it is filed with the
Court or served on your spouse.
Add your case number to every document, including any blank copies which will be provided to
your spouse.
The Clerk should sign and/or stamp the Summons document and provide an official copy to you.
This is commonly known as a Writ of Summons. In some counties, the Clerk will provide this to
you immediately. In other counties, the Clerk will issue a separate Writ of Summons within 5 to 10
days and mail the document to you.
When you have obtained the signed/stamped Writ of Summons, make one copy for your personal
records.
Local procedures may affect the service process. In some counties, the Court Clerk will take the
remaining collection of documents from you and forward the entire collection (along with an
original Writ of Summons) directly to the Sheriff. In other counties, after the Clerk provides you
with the Writ of Summons (immediately or within 5 to 10 days), you will have the responsibility to
take the Writ of Summons and the collection of documents to the Sheriff's Department.
Likewise, in some counties the Sheriff will only take responsibility for serving the initial set of
divorce documents (Petition, Summons, UCCJEA and Response). If this is the case, you will
need to serve the prepared copy and a blank copy of the preliminary financial/asset documents
to your spouse by one of the other two methods of service explained above.
You must follow the local procedures. Therefore if you plan on using the Sheriff to conduct
service, you may wish to contact your local Court Clerk or the Sheriff's Department to learn more
about the local procedures before you decide to use this method of service.
Once the Sheriff has successfully served your spouse, he will send a "Return of Service" to the
Court. This is signed proof that the documents were properly served. Typically, no notification will
be sent directly to you. As such, you must contact the Court occasionally and ask if service has
been accomplished. This may take several days or even several weeks.
If the Sheriff served the preliminary financial/asset documents on your spouse, you will not need
any separate completed and signed documents proving service.
If you were required to serve the preliminary financial/asset documents on your spouse by other
means, you must have proof of that service for the Court. Use the appropriate service instructions
above as a guide to obtaining such proof.
IV. ONCE SERVICE IS PROPERLY COMPLETED
Documents used in this section:
completed documents proving proper service
Declaration Regarding Service of Declaration of Disclosure and Income and Expense Declaration
document (FL-141)
Stipulation and Waiver of Final Declaration of Disclosure document (FL-144) 1 total (if
applicable)
NOTE: Make a note of the date when your spouse was properly served. This is the official date when
either (a) a third-party successfully served the documents in-person, (b) the certified mailing reached
your spouse, or (c) the Sheriff successfully served the documents in-person. (If alternative service
methods were used, please work with your local Court Clerk to determine the official date of service.)
Once the prepared preliminary financial/asset documents (along with the blank sets) have been
provided to your spouse, complete and sign the Declaration Regarding Service of Declaration of
Disclosure and Income and Expense Declaration document (FL-141), identifying yourself as the
Petitioner and stating that a copy of the preliminary financial documents have been served upon the
Respondent (your spouse).
NOTE: Line 4 of this Declaration document can be used to show the party's desire to skip the final set
of financial documents. Mark this checkbox if you wish to skip such disclosures. The Stipulation and
Waiver of Final Declaration of Disclosure document (FL-144) should also be signed by both parties.
(If your spouse cooperates fully and also marks these waivers, then neither party has to prepare a
second set of financial/asset documents.)
Make a copy of this prepared Declaration document for your personal records.
File your original Declaration Regarding Service of Declaration of Disclosure and Income and
Expense Declaration document (FL-141), and the completed documents which prove service with the
Court Clerk of the local Superior Court.
The Clerk may provide you with a "file-stamped" copy for your records.
Your spouse must now prepare his or her preliminary financial/asset documents, including copies of
his or her three most recent pay stubs and most recent federal income tax return, and make one copy
of the set. This copied set will need to be provided to you (likely by certified mail). The original set of
prepared financial/asset documents is for your spouse's records.
Once your spouse has provided to you the copied set of the preliminary financial/asset documents,
he or she will need to complete and sign the Declaration Regarding Service of Declaration of
Disclosure and Income and Expense Declaration document (FL-141), and make a copy of this
document for his or her personal records.
Your spouse will need to sign the Stipulation and Waiver of Final Declaration of Disclosure document
(FL-144) if the parties agree to waive the requirement to share a set of final financial/asset
documents.
V. PROCESS BASED ON CIRCUMSTANCES AND RESPONSE FROM YOUR SPOUSE
Documents used in this section:
Income and Expenses Declaration document (FL-150)
Property Declaration documents (FL-160 or the Property Declaration Continuation documents
(FL-161))
Appearance, Stipulations, and Waivers document (FL-130) (depending on circumstance)
Request to Enter Default document (FL-165) (depending on circumstance)
Final set of financial/asset documents (depending on circumstance)
If your spouse wishes to cooperate fully, he or she will complete and sign the Response document
(FL-120). This document will show the Court whether he or she disagrees with any of your claims or
requests. Your spouse should then make two copies. One copy is for his or her personal records.
The other copy should be mailed to you, making you aware of how and when he or she responded
Your spouse will then file the original signed Response document (FL-120) along with his or her
original signed Declaration Regarding Service of Declaration of Disclosure and Income and Expense
Declaration document (FL-141) with the Court. These documents can be filed by your spouse in-
person or mailed directly to the Court.
NOTE: If your spouse disagrees with any of your claims in the Petition, or decides to fight this action,
your divorce is no longer uncontested. You should contact a licensed attorney in your area
immediately for proper legal advice.
NOTE: If your spouse is in the active military, he or she must be willing to cooperate fully and must
complete and file an Appearance document (see below). Other variations to the requirements may
also exist. Be sure to work with your local Court Clerk to ensure that all requirements are met. In
some situations where a spouse is in the active military, a licensed attorney may be needed.
If your spouse was served in California, he or she has 30 days from the date of service to file his or
her response. If your spouse was served in the United States but outside of California, he or she has
60 days to respond. If your spouse was served outside the United States, he or she has 90 days to
respond.
When you receive your spouse's response, or once the appropriate waiting period has expired and
there is no response, proceed as follows:
A. SPOUSE DID NOT FILE A RESPONSE, THERE IS NO MSA
You do not have to prepare a set of final financial/asset documents.
Prepare and sign the Request to Enter Default document (FL-165).
Prepare and sign another Income and Expenses Declaration document (FL-150). You can use the
copy which you previously prepared as a foundation, adding updated details as needed. Attach one
copy of your three most recent pay stubs and one copy of your most recent federal income tax return.
If there is any property (community or separate) or debts (community or separate), this information
must be given to the court. If any exist, these assets and debts should be listed within the Property
Declaration documents (FL-160 or the Property Declaration Continuation documents (FL-161)). This
Property Declaration document is very similar to the Schedule of Assets and Debts document (FL-
142).
Make three copies of the signed Request to Enter Default document (FL-165), the prepared Income
and Expenses Declaration document (FL-150), and the Property Declaration documents (FL-160 or
the Property Declaration Continuation documents (FL-161)).
Obtain a large envelope. Use the Court's address for the return address on the envelope. Address
the envelope to your spouse (using a last-known address, if necessary).
Put one copy of the set of these documents (FL-165, FL-150, and usually FL-160) inside the
envelope. Do not seal the envelope.
Take the unsealed envelope (with documents inside) to the post-office and obtain the proper first-
class postage. Do not mail the envelope.
Remove the documents from the envelope, and take all three sets of Default documents to the Court.
The Court Clerk will sign and/or stamp the documents and add details, as needed. One copy of the
documents will be put into the envelope. It will then be sealed and mailed to your spouse. One copy
is usually kept by the Court. The last copy is usually provided to you for your personal records.
You may discard any blank copies of the financial/asset documents which have not yet been
prepared.
B. SPOUSE DID NOT FILE A RESPONSE, A MSA WILL BE SIGNED BY BOTH PARTIES AND
WILL BE FILED
The final set of financial/asset documents must be prepared unless the parties waived such
disclosure (either within the Marital Settlement Agreement (MSA) signed by both of the parties or as
part of their preliminary financial/asset documents). Review the instructions for the final
financial/asset documents procedure (see Section VI below). Complete the procedures for the final
financial/asset documents, if applicable.
You now have two options: Default or Appearance
1. Default
Prepare and sign the Request to Enter Default document (FL-165). Make three copies of the
document.
Obtain a large envelope. Use the Court's address for the return address on the envelope. Address
the envelope to your spouse (using a last-known address, if necessary).
Put one copy of the Request to Enter Default document inside the envelope. Do not seal the
envelope.
(If you are providing a final set of financial/asset documents: Add a copy of this prepared set
into the envelope. From your previous service, your spouse should already have a blank set of
financial documents for his or her preparation of a final set. Your final Declaration Regarding
Service of Declaration of Disclosure and Income and Expense Declaration document (FL-141)
should be prepared but not yet signed or dated.)
Take the unsealed envelope to the post-office and obtain the proper first-class postage. Do not
mail the envelope.
Remove all of the documents from the envelope. Take all three sets of Default documents (plus
the copy of financial/asset documents, plus the final Declaration document (FL-141), if applicable)
and the envelope to the Court. The Court Clerk will sign and/or stamp the Default documents and
add details, as needed. A copy of the Default documents will be put into the envelope. (The sole
copy of the final financial/asset documents will be put into the envelope, if applicable but not the
final Declaration document (FL-141).) The envelope will then be sealed and mailed to your
spouse. One copy of the Default documents is usually provided to you for your personal records.
(If you are providing a final set of financial/asset documents: Sign and date the Declaration
Regarding Service of Declaration of Disclosure and Income and Expense Declaration document
(FL-141). File this document with the Clerk before leaving.)
You may discard any blank copies of the financial/asset documents which have not yet been
prepared.
2. Appearance
(If you are providing a final set of financial/asset documents: These documents must be
properly served on your spouse. Serve this final set of financial/asset documents according to the
traditional service instructions provided far above. From your previous service, your spouse
should already have a blank set of financial documents. After the service of the prepared final
financial/asset documents is complete, you should prepare, sign and date your final Declaration
Regarding Service of Declaration of Disclosure and Income and Expense Declaration document
(FL-141).)
Prepare the Appearance, Stipulations, and Waivers document (FL-130).
Both you and your spouse must sign and date this document. This is one of the few documents
which can be directly delivered to your spouse by you, without the assistance of a third-party.
(If you are providing a final set of financial/asset documents: Since you must meet with your
spouse to obtain his or her signature on the Appearance document, or since this document must
be signed by your spouse and mailed back you, your spouse can provide his or her completed
and signed final Declaration document (FL-141) at the same time, if it's convenient and if you
agree to file the document for your spouse. Otherwise, your spouse should promptly file it.)
Once signed by both parties, make copies for each party's records, then file the original signed
Appearance document with the Court, along with your original signed final Declaration document
(FL-141), if applicable.
NOTE: An additional small filing fee may be required when the Appearance document is filed. As
such, most parties decide to use the Default process instead.
C. SPOUSE FILED A RESPONSE
The final set of financial/asset documents must be prepared unless both of the parties waived
such disclosure within their preliminary Declaration Regarding Service of Declaration of Disclosure
and Income and Expense Declaration documents (FL-141), and/or within the Stipulation and
Waiver of Financial Declaration of Disclosure document (FL-144), and/or within a Marital
Settlement Agreement (MSA) signed by both of the parties (if applicable). Review the instructions
for the final financial/asset documents procedure (see Section VI below). Complete the
procedures for the final financial/asset disclosure documents, if applicable.
(If you are providing a final set of financial/asset documents: These documents must be
properly served on your spouse. Serve this final set of financial/asset documents according to the
service instructions provided far above. From your previous service, your spouse should already
have a blank set of financial documents. After the service of these documents is complete, you
should prepare, sign and date your final Declaration Regarding Service of Declaration of
Disclosure and Income and Expense Declaration document (FL-141).)
Prepare the Appearance, Stipulations, and Waivers document (FL-130). Both you and your
spouse must sign and date this document. This is one of the few documents which can be directly
handed or mailed to your spouse by you, without the assistance of a third-party.
Once signed by both parties, copies should be made for each of the party's records, then file the
original signed Appearance document with the Court. Include your original signed final
Declaration document (FL-141) (if applicable).
NOTE: An additional small filing fee may be required when the Appearance document is filed. As
such, most parties decide to use the Default process instead.
VI. FINAL SET OF FINANCIAL/ASSET DOCUMENTS
A final set of financial/asset documents may or may not be needed, depending on certain
circumstances and whether your spouse files a response to this legal action. Thoroughly review this
section as well as Section V above before preparing a final set of financial/asset documents as they
may not be needed.
The final financial disclosure can be skipped if either of the following exists:
(a) You and your spouse specifically agree to waive (skip) the final Declaration of Disclosure in
writing. This arrangement can be stated within the preliminary Declaration Regarding Service of
Declaration of Disclosure and Income and Expense Declaration documents (FL-141), and/or
within the Stipulation and Waiver of Financial Declaration of Disclosure document (FL-144), and/or
within a Marital Settlement Agreement (MSA) signed by both of the parties (if applicable); or
(b) Your spouse never responded to your Petition and has not signed a Marital Settlement
Agreement. In short, if they are not actively cooperating or responding to this legal action, then
you are not required to continue sending financial documents.
The remainder of this section only applies if you are preparing and filing a final set of
financial/asset documents:
The same basic financial/asset documents are used as before. Both you and your spouse should
now have a blank set of the following documents:
Declaration of Disclosure document (FL-140)
Schedule of Assets and Debts document (FL-142)
Income and Expenses Declaration document pages 1-3 (FL-150)
Declaration Regarding Service of Declaration of Disclosure and Income and Expense Declaration
document (FL-141)
The final declaration typically includes updated information as well as greater detail of property and
debt values. The final set will also need to include (a) a statement of the value of all marital assets, (b)
a statement itemizing all debts of the parties, and (c) a list of investments which the parties have
made and the profits of each. These statements are to be typed and signed.
Each party must complete a set of the financial/asset documents (FL-140, FL-142, FL-150) (this time
marked final), add the extra typed statements noted above, make a copy set of all documents, keep
the originals for his or her records, and mail the copy to the other party.
After each party completes the mailing, he or she should prepare another Declaration Regarding
Service of Declaration of Disclosure and Income and Expense Declaration document (FL-141),
marked final. A copy of the Declaration will be kept in that party's records, the original signed
Declaration document should be filed in Court. Your spouse can file this original signed Declaration
document as soon as possible, in-person or mailed to the Court in the same manner as the
preliminary Declaration was filed. You can either file your Declaration document with the Court
immediately, or simply include it in your next filing.
VII. PREPARING AND FILING THE FINAL SET OF DIVORCE DOCUMENTS
NOTE: Some parties take the last set of documents to an attorney for review prior to filing the
documents in Court.
Gather the following documents:
Declaration for Default or Uncontested Dissolution or Legal Separation document (FL-170) (if
applicable)
Notice of Entry of Judgment document (FL-190)
Judgment document (FL-180)
Signed Marital Settlement Agreement (MSA) (if applicable)
Two large envelopes with first-class postage (if applicable)
Local documents for scheduling a Hearing (if applicable)
Prepared and signed final Declaration Regarding Service of Declaration of Disclosure and Income
and Expense Declaration document (FL-141) (if applicable and if not already filed)
Stipulation and Waiver of Final Declaration of Disclosure document (FL-144) (if applicable)
If you are using and filing a Marital Settlement Agreement, be sure that the agreement is signed by
each party in the presence of a Notary Public. (The parties do not have to sign the Agreement at the
same time, at the same location, nor in front of the same Notary.)
Very early in the filing process, the Petition document and Summons document were served on your
spouse. You were asked to note that date. Find that detail.
Prepare the Notice of Entry of Judgment document (FL-190). Within the box in the lower half of the
document, a question asks for the effective date of termination for the marital status:
(a) If six months have not yet passed from the date of service, the termination date which you
enter on this Notice document must be at least six months and one day later than the date of
service. (For example, if you served your spouse on January 1, and it is currently sometime before
July 1, the earliest termination date you can use on this Notice document would be July 2.)
(b) If six months have already passed since the date of service, leave this question unanswered.
The Court will add the appropriate date.
Be sure that the bottom of the document includes the correct addresses for you and your spouse.
Make a copy of this document for your records.
Prepare the Judgment document (FL-180). Mark the checkboxes based on the terms which appear
within your Petition and MSA (if applicable), as well as details of your service and filing, as applicable.
This document will be signed by a Judge or other Court officer. If you have a Marital Settlement
Agreement which has been signed by both parties, attach it to the Judgment document (FL-180).
Make three copies of the set. Generally, one copy will eventually be returned to you for your personal
records, one copy will be provided to your spouse for his or her personal records, and the Court will
keep the original document set and one copy of the document set for their own files.
Have the original and at least one copy of each of the remaining documents listed above available
the Notice of Entry of Judgment document (FL-190), and the applicable Hearing or Declaration
documents as noted below.
You must decide whether to request that your judgment be handled at a Hearing or by Declaration.
(a) Judgment at a Hearing you will appear at a Hearing in front of a Judge. Hearings are
usually brief. Your spouse is welcome to appear at the Hearing, but his or her presence is not
required.
Within these Hearings, a Judge will typically ask you (and your spouse, if present) to confirm the
details of your residency, to confirm whether the Petition contains true information, to confirm the
grounds for divorce (irreconcilable differences), and to confirm that a divorce is desired.
Sometimes a Judge will ask confirmation for every detail in your documents.
Documents and procedures used to schedule a Hearing vary from county to county. In some
counties, the Hearing is arranged when you make your final filing of the Judgment/final divorce
documents. In other counties, the Hearing is scheduled first, and the final documents are filed
shortly thereafter. Work with your Court Clerk to obtain and file any local documents and follow
any necessary procedures in order to properly schedule your Hearing. Be sure to learn how the
Notice of Hearing documents will be provided to both you and your spouse. If proper notice will
not be provided from the Court directly to your spouse, you will need to serve Notice on your
spouse as soon as possible. This is typically done by certified mail.
File the original set and the copy sets of the Judgment/final divorce documents with the Court. If
you are filing a set of final financial/asset documents, include the final Declaration document (FL-
141) in this final filing. If you are instead filing the Stipulation and Waiver of Final Declaration of
Disclosure document (FL-144), signed by both parties, include this document in this final filing
(assuming it has not been filed already).
On the specified date, attend the Hearing in front of a Judge. If your spouse did not file a
Response, or if you have a signed Marital Settlement Agreement, the Hearing will typically be
brief. Your spouse is welcome to appear at the Hearing, but his or her presence is not required.
Take a paper and pen to the Hearing. Take notes and ask questions if needed.
Within these Hearings, a Judge will typically ask you (and your spouse, if present) to confirm the
details of your residency, to confirm whether the Petition contains true information, to confirm the
grounds for divorce (irreconcilable differences), and to confirm that a divorce is desired.
Sometimes a Judge will ask confirmation for every detail in your documents.
If any changes or corrections are needed, ask the Judge for a new Hearing date. You can correct
your documents and return for a second Hearing.
(b) Judgment by Declaration you will ask that there be no Hearing, and that the Court send
notice of the judgment to you in the mail. This is the process commonly used by parties who are
fully participating and cooperating, due to convenience.
Prepare the Declaration for Default or Uncontested Dissolution or Legal Separation document
(FL-170). Mark the checkboxes based on the terms which appear within your Petition and MSA (if
applicable), as well as details of your service and filing, as applicable. Usually, the original plus
three copies of the document and two envelopes (one addressed to you and one addressed to
your spouse) must be filed. Please check with your Court Clerk to ensure that you provide the
correct number of copies and envelopes.
File the original plus copies of the Declaration of Default or Uncontested Dissolution (FL-170), the
required envelopes, and the original set and the copy sets of the Judgment/final divorce documents
with the Court.
NOTE: Since you are asking that the Hearing be skipped, this will likely be your final filing of
documents. As such, you may need to now file all other documents which have been prepared but
not yet filed such as your MSA and/or a final Declaration document (FL-141) (if applicable) or signed
Stipulation and Waiver of Final Declaration of Disclosure document (FL-144) (if applicable). Check
through your recent documents to determine which ones haven't been filed yet, then discuss the
matter with you Court Clerk. When in doubt file the document. If the Court doesn't need it, they can
discard the document after your divorce is finalized.
It may take several weeks or months to receive notice from the Court. The notice which is mailed to
you may identify one of several outcomes:
Your divorce is approved and is final.
Your divorce is denied. Review the section below which explains possible reasons for a divorce
action to be denied.
The Judge has determined that a Hearing is required. A Hearing will be scheduled and you are
required to attend. (see the related details above)
VIII. THE COURT MAY DENY YOUR DOCUMENTS OR DIVORCE
If there is a problem with your documents, a letter or notice from the Court Clerk will be sent and
should identify the nature of the problem. Such a notice usually identifies one or two small problems
and provides the opportunity to quickly resolve the issue. If the problem is very serious in nature, the
Court may deny your divorce action entirely. Work with your Court Clerk to resolve the problem and
have your divorce action re-evaluated by the Court, if possible. You should also consider working
with a Court facilitator or a licensed attorney if there are many problems with your action or if you are
unable to quickly fix the problems. Some of the possible causes are listed below.
A document is missing (or several documents are missing). Check these instructions as well
as any instructions which your local Court Clerk may have provided. Confirm whether the
referenced document was or was not filed it is always possible that a filed document was
misplaced by the Clerk's office. Since you should have a copy of all filed documents in your
personal records, you should be able to make a copy for the Court or supply them with another
signed original. As previously noted, local procedures and documents may vary. As such, a
missing document may be a local variation and beyond the scope of these instructions and
documents. Work with your local Court Clerk to provide the correct document and get your
divorce action moving forward again.
The information within your documents is unclear. Some Courts may be very particular about
the details of assets or property. Please work with your Court Clerk to clarify any details which
the Court needs.
The Judgment document includes property and/or debts which are different than those listed in
your Petition document (FL-100) or the Property Declaration document (FL-160) unless you
specifically identified in those documents that you could not determine the value of certain
assets.
The division of property or debts within the property division documents or the MSA seems
unfair.
You have not provided enough financial details to properly determine child support or spousal
support (alimony).
You have a case with a local child support agency and you did not obtain approval of the child
support terms or value stated within the divorce documents.
The Judge does not have written proof that the Summons document and Petition document
were properly served on your spouse.
The Court is asking for a Hearing. Though requested by the parties, the Court decides
whether or not a final Hearing should be held. If one is required, review the related
instructions above and work with your Court Clerk to schedule a Hearing, provide proper
Notice to your spouse, and attend the Hearing.
X. WHEN IS THE DIVORCE OFFICIAL AND WHAT DO I DO THEN?
Your divorce may not be finalized by the Court for several weeks or months. The Judge will sign and
stamp your filed Judgment document and return a copy to you.
Unless it has already been specified, contact the Court Clerk to learn whether your spouse
was sent a signed/stamped copy of this final set as well. Unless the Court handled this, it is
your responsibility to serve a copy set to your spouse. This is typically handled by certified
mail.
If real estate is being transferred, you must sign and record any deed documents related to the
transfer. Work with your local government (typically a Land & Tax Office) to complete the
procedure.
If motor vehicles are being transferred, you must complete certain Department of Motor
Vehicles documents to change the titles.
If either party is to receive a portion of the other party's future retirement benefits, a Qualified
Domestic Relations Order document (QDRO) should be prepared and filed in Court. Contact
a licensed attorney in your area to properly prepare and file this document.
Change your will.
Close all joint credit card accounts and bank accounts. Open new accounts which do not
involve your documenter spouse.
If you need to adjust your tax withholdings, notify your employer that you are no longer married
and that your withholdings should be adjusted.
You and your spouse can agree to change any of the terms of the divorce in the future.
Contact your local Court Clerk, facilitator, mediator or a licensed attorney to obtain the proper
documents and learn about the procedure.
If you want to adjust some terms, but your spouse disagrees, you may still be able to make
certain changes. They will need to be a significant change required and you must be able to
show significant evidence to the Court. Contact your local Court Clerk, facilitator, mediator or
a licensed attorney to obtain the proper documents and learn about the procedure.
FL-160
FOR COURT USE ONLY ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
PETITIONER:
RESPONDENT:
PETITIONER'S RESPONDENT'S
CASE NUMBER:
COMMUNITY AND QUASI-COMMUNITY PROPERTY DECLARATION
SEPARATE PROPERTY DECLARATION
TELEPHONE NO.:
ATTORNEY FOR (Name):
FAX NO. (Optional):
E-MAIL ADDRESS (Optional):
INSTRUCTIONS
When this form is attached to the Petition or Response, values and your proposal regarding division need not be completed. Do not list
community, including quasi-community, property with separate property on the same form. Quasi-community property must be so
identified. For additional space, use Continuation of Property Declaration (form FL-161).
ITEM
NO.
BRIEF DESCRIPTION
GROSS FAIR
MARKET
VALUE
AMOUNT OF
DEBT
NET FAIR
MARKET
VALUE
PROPOSAL FOR DIVISION
Award to:
PETITIONER
RESPONDENT
1. REAL ESTATE
2. HOUSEHOLD FURNITURE,
FURNISHINGS, APPLIANCES
3. JEWELRY, ANTIQUES, ART,
COIN COLLECTIONS, etc.
4. VEHICLES, BOATS,
TRAILERS
$ $ $ $ $
Page 1 of 2
Family Code, §§ 115, 2500-2660
Judicial Council of California
Form Adopted for Mandatory Use
PROPERTY DECLARATION
www.courtinfo.ca.gov
FL-160 [Rev. January 1, 2007]
(Family Law)
American LegalNet, Inc.
www.FormsWorkflow.com
FL-160
ITEM
NO.
BRIEF DESCRIPTION
GROSS FAIR
MARKET
VALUE
AMOUNT OF
DEBT
NET FAIR
MARKET
VALUE
PROPOSAL FOR DIVISION
Award to:
PETITIONER
RESPONDENT
5. SAVINGS, CHECKING,
CREDIT UNION,
CASH
$
$ $ $ $
6. LIFE INSURANCE (CASH
VALUE)
7. EQUIPMENT, MACHINERY,
LIVESTOCK
8. STOCKS, BONDS, SECURED
NOTES
9. RETIREMENT, PENSION,
PROFIT-SHARING,
ANNUITIES
10. ACCOUNTS RECEIVABLE,
UNSECURED NOTES,
TAX REFUNDS
11. PARTNERSHIPS, OTHER
BUSINESS INTERESTS
12. OTHER ASSETS AND DEBTS
13. TOTAL FROM
CONTINUATION SHEET
14. TOTALS
15.
A Continuation of Property Declaration (form FL-161) is attached and incorporated by reference.
I declare under penalty of perjury under the laws of the State of California that, to the best of my knowledge, the foregoing is
a true and correct listing of assets and obligations and the amounts shown are correct.
Date:
(TYPE OR PRINT NAME) (SIGNATURE)
FL-160 [Rev. January 1, 2007]
Page 2 of 2
PROPERTY DECLARATION
(Family Law)
FL-161
MARRIAGE OF (Last name—first names of parties) CASE NUMBER
PETITIONER'S
COMMUNITY AND QUASI-COMMUNITY PROPERTY DECLARATION
SEPARATE PROPERTY DECLARATION
GROSS FAIR
MARKET
VALUE
PROPOSAL FOR DIVISION
AWARD TO
PETITIONER RESPONDENT
NET FAIR
MARKET
VALUE
AMOUNT OF
DEBT
ITEM
BRIEF DESCRIPTION
NO.
$
$ $
$ $
RESPONDENT'S
Page 1 of 2
Form Adopted for Mandatory Use
Family Code, §§ 2500–2600
CONTINUATION OF PROPERTY DECLARATION
Judicial Council of California
www.courtinfo.ca.gov
FL-161 [Rev. January 1, 2003]
(FAMILY LAW)
ITEM
NO.
BRIEF DESCRIPTION
GROSS FAIR
MARKET
VALUE
AMOUNT OF
DEBT
NET FAIR
MARKET
VALUE
PROPOSAL FOR DIVISION
AWARD TO
PETITIONER RESPONDENT
$
$ $
$ $
FL-161 [Rev. January 1, 2003]
Page 2 of 2
CONTINUATION OF PROPERTY DECLARATION
(FAMILY LAW)
FL-140
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name and Address):
TELEPHONE NO.:
ATTORNEY FOR (Name):
PETITIONER:
RESPONDENT:
CASE NUMBER:
DECLARATION OF DISCLOSURE
Petitioner's
Preliminary
Respondent's
Final
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
CITY AND ZIP CODE:
BRANCH NAME:
STREET ADDRESS:
MAILING ADDRESS:
DO NOT FILE WITH THE COURT
Both the preliminary and the final declaration of disclosure must be served on the other party with certain exceptions. Neither
disclosure is filed with the court. A declaration stating service was made of the final declaration of disclosure must be filed with the
court (see form FL-141).
A preliminary declaration of disclosure but not a final declaration of disclosure is required in the case of a summary dissolution (see
Family Code section 2109) or in a default judgment (see Family Code section 2110) provided the default is not a stipulated
judgment or a judgment based upon a marriage settlement agreement.
A declaration of disclosure is required in a nullity or legal separation action as well as in a dissolution action.
Attached are the following:
A completed Schedule of Assets and Debts (form FL-142).
1.
A completed Income and Expense Declaration (form FL-150 (as applicable)).
2.
3.
A statement of all material facts and information regarding valuation of all assets that are community property or in which
the community has an interest (not a form).
A statement of all material facts and information regarding obligations for which the community is liable (not a form).
4.
An accurate and complete written disclosure of any investment opportunity, business opportunity, or other
income-producing opportunity presented since the date of separation that results from any investment, significant
business, or other income-producing opportunity from the date of marriage to the date of separation (not a form).
5.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date:
(TYPE OR PRINT NAME)
(SIGNATURE)
Page1of1
Form Adopted for Mandatory Use Family Code, §§ 2102, 2104, 2105,
Judicial Council of California
DECLARATION OF DISCLOSURE
2106, 2112
FL-140 [Rev. January 1, 2003]
(Family Law)
www.courtinfo.ca.gov
THIS FORM SHOULD NOT BE FILED WITH THE COURT
FL-142
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name and Address):
TELEPHONE NO.:
ATTORNEY FOR (Name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
PETITIONER:
RESPONDENT:
SCHEDULE OF ASSETS AND DEBTS
Petitioner's Respondent's
CASE NUMBER:
INSTRUCTIONS
List all your known community and separate assets or debts. Include assets even if they are in the possession of another person,
including your spouse. If you contend an asset or debt is separate, put P (for Petitioner) or R (for Respondent) in the first column
(separate property) to indicate to whom you contend it belongs.
All values should be as of the date of signing the declaration unless you specify a different valuation date with the description. For
additional space, use a continuation sheet numbered to show which item is being continued.
ASSETS DESCRIPTION
ITEM
NO.
SEP.
PROP
DATE
ACQUIRED
CURRENT GROSS
FAIR MARKET
VALUE
AMOUNT OF MONEY
OWED OR
ENCUMBRANCE
1. REAL ESTATE (Give street addresses and attach copies of
deeds with legal descriptions and latest lender's statement.)
2. HOUSEHOLD FURNITURE, FURNISHINGS, APPLIANCES
(Identify.)
3. JEWELRY, ANTIQUES, ART, COIN COLLECTIONS, etc.
(Identify.)
$ $
Page 1 of 4
Form Approved for Optional Use
Code of Civil Procedure, §§ 2030(c), 2033.5
SCHEDULE OF ASSETS AND DEBTS
Judicial Council of California
www.courtinfo.ca.gov
FL-142 [Rev. January 1, 2005]
(Family Law)
ASSETS DESCRIPTION
ITEM
NO.
SEP.
PROP
DATE
ACQUIRED
CURRENT GROSS
FAIR MARKET
VALUE
AMOUNT OF MONEY
OWED OR
ENCUMBRANCE
4. VEHICLES, BOATS, TRAILERS (Describe and attach copy of
title document.)
$ $
5. SAVINGS ACCOUNTS (Account name, account number,
bank, and branch. Attach copy of latest statement.)
6. CHECKING ACCOUNTS (Account name and number, bank,
and branch. Attach copy of latest statement.)
7. CREDIT UNION, OTHER DEPOSIT ACCOUNTS (Account
name and number, bank, and branch. Attach copy of latest
statement.)
8. CASH (Give location.)
9. TAX REFUND
10. LIFE INSURANCE WITH CASH SURRENDER OR LOAN
VALUE (Attach copy of declaration page for each policy.)
FL-142 [Rev. January 1, 2005]
Page 2 of 4
SCHEDULE OF ASSETS AND DEBTS
(Family Law)
ASSETS DESCRIPTION
ITEM
NO.
SEP.
PROP
DATE
ACQUIRED
CURRENT GROSS
FAIR MARKET
VALUE
AMOUNT OF MONEY
OWED OR
ENCUMBRANCE
11. STOCKS, BONDS, SECURED NOTES, MUTUAL FUNDS
(Give certificate number and attach copy of the certificate or
copy of latest statement.)
12. RETIREMENT AND PENSIONS (Attach copy of latest
summary plan documents and latest benefit statement.)
13. PROFIT - SHARING, ANNUITIES, IRAS, DEFERRED
COMPENSATION (Attach copy of latest statement.)
14. ACCOUNTS RECEIVABLE AND UNSECURED
NOTES (Attach copy of each.)
15. PARTNERSHIPS AND OTHER BUSINESS INTERESTS
(Attach copy of most current K-1 form and Schedule C.)
16. OTHER ASSETS
17. TOTAL ASSETS FROM CONTINUATION SHEET
$ $
18. TOTAL ASSETS
$
$
FL-142 [Rev. January 1, 2005]
Page 3 of 4
SCHEDULE OF ASSETS AND DEBTS
(Family Law)
DEBTS—SHOW TO WHOM OWED
ITEM
NO.
SEP.
PROP.
TOTAL
OWING
DATE
INCURRED
19. STUDENT LOANS (Give details.)
20. TAXES (Give details.)
21. SUPPORT ARREARAGES (Attach copies of orders and statements.)
22. LOANS—UNSECURED (Give bank name and loan number and attach copy of latest
statement.)
23. CREDIT CARDS (Give creditor's name and address and the account number. Attach
copy of latest statement.)
24. OTHER DEBTS (Specify.):
25. TOTAL DEBTS FROM CONTINUATION SHEET
$
26. TOTAL DEBTS
$
27.
(Specify number): pages are attached as continuation sheets.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date:
(TYPE OR PRINT NAME)
(SIGNATURE OF DECLARANT)
Page 4 of 4
FL-142 [Rev. January 1, 2005]
SCHEDULE OF ASSETS AND DEBTS
(Family Law)
FL-150
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
ATTORNEY FOR (Name):
TELEPHONE NO.:
FOR COURT USE ONLY
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
PETITIONER/PLAINTIFF:
RESPONDENT/DEFENDANT:
OTHER PARENT/CLAIMANT:
INCOME AND EXPENSE DECLARATION
CASE NUMBER:
1. Employment (Give information on your current job or, if you're unemployed, your most recent job.)
a.
Employer:
Attach copies
b.
Employer's address:
of your pay
c.
Employer's phone number:
stubs for last
two months
d.
Occupation:
(black out
e.
Date job started:
social
f.
If unemployed, date job ended:
security
g.
I work about hours per week.
numbers).
h. I get paid
$ gross (before taxes) per month per week per hour.
(If you have more than one job, attach an 8½-by-11-inch sheet of paper and list the same information as above for your other
jobs. Write "Question 1—Other Jobs" at the top.)
2.
Age and education
a.
My age is (specify):
No
If no, highest grade completed (specify):
b.
I have completed high school or the equivalent:
Yes
c.
Number of years of college completed (specify):
Degree(s) obtained (specify):
d.
Number of years of graduate school completed (specify):
Degree(s) obtained (specify):
professional/occupational license(s) (specify):
vocational training (specify):
e.
I have:
3. Tax information
a.
I last filed taxes for tax year (specify year):
b.
My tax filing status is
married, filing separately
married, filing jointly with (specify name):
head of household
single
c.
I file state tax returns in
other (specify state):
California
d.
I claim the following number of exemptions (including myself) on my taxes (specify):
4. Other party's income. I estimate the gross monthly income (before taxes) of the other party in this case at (specify): $
This estimate is based on (explain):
(If you need more space to answer any questions on this form, attach an 8½-by-11-inch sheet of paper and write the
question number before your answer.)
5. Number of pages attached:
I declare under penalty of perjury under the laws of the State of California that the information contained on all pages of this form and
any attachments is true and correct.
Date:
(TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT)
Form Adopted for Mandatory Use
Judicial Council of California
FL-150 [Rev. January 1, 2007]
INCOME AND EXPENSE DECLARATION
Page 1 of 4
Family Code, §§ 2030–2032,
2100–2113, 3552, 3620–3634,
4050–4076, 4300–4339
www.courtinfo.ca.gov
American LegalNet, Inc.
www.FormsWorkflow.com
CASE NUMBER:
PETITIONER/PLAINTIFF:
RESPONDENT/DEFENDANT:
OTHER PARENT/CLAIMANT:
Attach copies of your pay stubs for the last two months and proof of any other income to the first page. Take a copy of
your latest federal tax return to the court hearing. (Black out your social security number on the pay stub and tax return.)
5.
6.
7.
8.
9.
10.
Income (For average monthly, add up all the income you received in each category in the last 12 months
Average
and divide the total by 12.)
Last month
monthly
a.
Salary or wages (gross, before taxes). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$
b.
Overtime (gross, before taxes) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$
c.
Commissions or bonuses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$
d.
Public assistance (for example: TANF, SSI, GA/GR) currently receiving . . . . . . . . . . . . . . . . .
$
e.
Spousal support from this marriage from a different marriage . . . . . . . . . . . . . . . . . .
$
f.
Partner support from this domestic partnership from a different domestic partnership
$
g.
Pension/retirement fund payments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$
h.
Social security retirement (not SSI) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$
$
i.
Disability: Social security (not SSI) State disability (SDI) Private insurance .
j.
Unemployment compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$
k.
Workers' compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$
l. Other (military BAQ, royalty payments, etc.) (specify): . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$
Investment income
(Attach a schedule showing gross receipts less cash expenses for each piece of property.)
a.
Dividends/interest. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$
b.
Rental property income . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$
c.
Trust income. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$
d.
Other (specify): . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$
Income from self-employment, after business expenses for all businesses. . . . . . . . . . . . . . . . . . . . .
$
I am the
owner/sole proprietor business partner other (specify):
Number of years in this business (specify):
Name of business (specify):
Type of business (specify):
Attach a profit and loss statement for the last two years or a Schedule C from your last federal tax return. Black out your
social security number. If you have more than one business, provide the information above for each of your businesses.
Additional income.
I received one-time money (lottery winnings, inheritance, etc.) in the last 12 months (specify source and
amount):
Change in income.
My financial situation has changed significantly over the last 12 months because (specify):
Deductions
Last month
a.
Required union dues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$
b.
Required retirement payments (not social security, FICA, 401(k), or IRA). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$
c.
Medical, hospital, dental, and other health insurance premiums (total monthly amount). . . . . . . . . . . . . . . . . . . . . . .
$
d.
Child support that I pay for children from other relationships. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$
e.
Spousal support that I pay by court order from a different marriage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$
f.
Partner support that I pay by court order from a different domestic partnership . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$
g.
Necessary job-related expenses not reimbursed by my employer (attach explanation labeled "Question 10g") . . . . .
$
Assets
Total
a. Cash and checking accounts, savings, credit union, money market, and other deposit accounts . . . . . . . . . . . . . . . .
$
b.
Stocks, bonds, and other assets I could easily sell . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$
c.
All other property, real and personal (estimate fair market value minus the debts you owe) . . . . .
$
11.
FL-150 [Rev. January 1, 2007]
Page 2 of 4
INCOME AND EXPENSE DECLARATION
CASE NUMBER:
PETITIONER/PLAINTIFF:
RESPONDENT/DEFENDANT:
OTHER PARENT/CLAIMANT:
12.
The following people live with me:
How the person is
That person's gross
Pays some of the
Name
Age
related to me? (ex: son)
monthly income
household expenses?
a.
b.
c.
d.
e.
Yes No
Yes No
Yes No
Yes No
Yes No
13.
Average monthly expenses
Proposed needs
Estimated expenses Actual expenses
a.
Home:
h.
i.
(1)
Rent or mortgage. . .
$
j.
If mortgage:
k.
(a)
average principal:
$
(b)
average interest:
$
l.
(2) Real property taxes . . . . . . . . . . . . . .
$
m.
(3) Homeowner's or renter's insurance
(if not included above) . . . . . . . . . . . .
$
n.
(4)
Maintenance and repair . . . . . . . . . . .
$
o.
b.
Health-care costs not paid by insurance. . .
$
p.
c.
Child care . . . ........... ...... ......
$
d.
Groceries and household supplies. . . . . . . $
q.
e.
Eating out. . . . . . . . . . . . . . . . . . . . . . . . . .
$
r.
f. Utilities (gas, electric, water, trash) . . . . . .
$
g.
Telephone, cell phone, and e-mail . . . . . . .
$
s.
14.
Installment payments anddebts notlistedabove
Laundry and cleaning . . . . . . . . . . . . . . . . .
$
Clothes.. ....... ....... ...... ...... $
Education .... ....... ...... ....... ..
$
Entertainment, gifts, and vacation. . . . . . . .
$
Auto expenses and transportation
(insurance, gas, repairs, bus, etc.) . . . . . . .
$
Insurance (life, accident, etc.; do not
include auto, home, or health insurance). . .
$
Savings and investments. . . . . . . . . . . . . . .
$
Charitable contributions. . . . . . . . . . . . . . . .
$
Monthly payments listed in item 14
(itemize below in 14 and insert total here). .
$
Other (specify): . . . . . . . . . . . . . . . . . . . . . .
$
TOTAL EXPENSES (a–q) (do not add in
the amounts in a(1)(a) and (b))
$
Amount of expenses paid by others
$
Paid to
For
Amount
Balance
Date of last payment
$
$
$
$
$
$
$
$
15.
This form does does not contain the locations of, or identifying information about, the assets and debts listed.
NOTE: If the form does contain such information, you may ask the court to seal this document by completing and submitting an
Ex Parte Application and Order to Seal Financial Forms (form FL-316).
16.
Attorney fees (This is required if either party is requesting attorney fees.): $
a.
To date, I have paid my attorney this amount for fees and costs (specify): $
b.
The source of this money was (specify):
c.
I still owe the following fees and costs to my attorney (specify total owed): $
d.
My attorney's hourly rate is (specify): $
I confirm this fee arrangement.
Date:
(TYPE OR PRINT NAME OF ATTORNEY)
(SIGNATURE OF ATTORNEY)
FL-150 [Rev. January 1, 2007]
Page 3 of 4
INCOME AND EXPENSE DECLARATION
CASE NUMBER:
PETITIONER/PLAINTIFF:
RESPONDENT/DEFENDANT:
OTHER PARENT/CLAIMANT:
CHILD SUPPORT INFORMATION
(NOTE: Fill out this page only if your case involves child support.)
17.
Number of children
a.
I have (specify number): children under the age of 18 with the other parent in this case.
b.
The children spend percent of their time with me and percent of their time with the other parent.
(If you're not sure about percentage or it has not been agreed on, please describe your parenting schedule here.)
18. Children's health-care expenses
I do not have health insurance available to me for the children through my job.
I do
a.
b.
Name of insurance company:
c. Address of insurance company:
d.
The monthly cost for the children's health insurance is or would be (specify): $
(Do not include the amount your employer pays.)
19.
Additional expenses for the children in this case Amount per month
a.
Child care so I can work or get job training. . . . . . . . . . . . . . . . . . . . . . . . .
$
b.
Children's health care not covered by insurance . . . . . . . . . . . . . . . . . . . .
$
c.
Travel expenses for visitation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$
d.
Children's educational or other special needs (specify below): . . . . . . . .
$
20.
Special hardships. I ask the court to consider the following special financial circumstances
(attach documentation of any item listed here, including court orders):
Amount per month
For how many months?
a.
Extraordinary health expenses not included in 19b. . . . . . . . . . . . . . . . . .
$
b.
Major losses not covered by insurance (examples: fire, theft, other
insured loss) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$
c.
(1)
(2)
Expenses for my minor children who are from other relationships and
are living with me . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Names and ages of those children (specify):
$
(3)
Child support I receive for those children. . . . . . . . . . . . . . . . . . . . . . .
$
The expenses listed in a, b, and c create an extreme financial hardship because (explain):
21.
Other information I want the court to know concerning support in my case (specify):
FL-150 [Rev. January 1, 2007]
Page 4 of 4
INCOME AND EXPENSE DECLARATION
FL-141
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address):
TELEPHONE NO.: FAX NO.:
ATTORNEY FOR (Name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
PETITIONER:
RESPONDENT:
CASE NUMBER:
DECLARATION REGARDING SERVICE OF DECLARATION
OF DISCLOSURE AND INCOME AND EXPENSE DECLARATION
1. Iamthe
Petitioner's
Respondent's
Attorney for
2.
Petitioner's Respondent's
Attorney for
Petitioner
on (date):
Petitioner's
Respondent's
3.
Attorney for Petitioner
Petitioner
Preliminary
Final
Respondent in this matter.
FOR COURT USE ONLY
Preliminary Declaration of Disclosure and Income and Expense Declaration was served on:
Respondent by: personal service mail other (specify):
Final Declaration of Disclosure and Income and Expense Declaration was served on:
Respondent by: personal service mail other (specify):
on (date):
4. Service of the Final Declaration of Disclosure has been waived under Family Code section 2105, subdivision (d).
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date:
(TYPE OR PRINT NAME) (SIGNATURE)
Note:
File this document with the court.
Do not file a copy of either the Preliminary or Final Declaration of
Disclosure with this document.
Page1of1
Family Code, §§ 2104, 2106, 2112
Form Adopted for Mandatory Use
DECLARATION REGARDING SERVICE OF
Judicial Council of California
www.courtinfo.ca.gov
FL-141 [Rev. January 1, 2003]
DECLARATION OF DISCLOSURE
(Family Law)