• Forms needed to get started
• Forms to respond
• Forms for couples with children
• Forms for spousal support
• Dividing property and debt
• Finalizing your divorce
• Additional forms
• References

The California court system relies on numerous forms to process divorces. The information you provide in these documents helps officials understand your estate, what you want, and what you've agreed to as a couple. 

You'll become very familiar with California's forms as you move through the divorce process. Seeing all the divorce paperwork you might need to complete in a list can be intimidating, but know that most forms require little more than a few checkboxes and some supporting documents. You'll be an expert in no time. You can also ask for help from your account coordinator if you are a Pro client or above.

These are the forms you'll use at each step of the divorce process, along with some advice on key sticking points. 

What forms do you need to get started?

Just three forms start off the official divorce process. One part of the couple fills these documents out and serves them to the other party.

The three starting forms are as follows:

• Petition – Marriage/Domestic Partnership (FL-100): This is your official divorce kickoff document. 
• Summons (Family Law) (FL-110): Use this form to request your partner's response to the divorce proceedings.
• Proof of Service of Summons (Family Law – Uniform Parentage – Custody and Support) (FL-115): This form is proof you've served your partner with papers. The person who serves your partner with papers will fill this out.

Financial information is crucial, and you're required to share it with your spouse within 60 days of filing for divorce. The four forms you must fill out and provide to your spouse are as follows:

• Declaration of Disclosure (FL-140): This cover sheet outlines the documents you're sharing with your partner. 
• Income and Expense Declaration (FL-150): Offer information about your income, and attach two months of supporting paperwork. 
• Schedule of Assets and Debts or a Property Declaration (FL-142 or FL-160): Use either of these forms to provide data about the debts you owe and the property you own as a couple. 
• Optional, Property Declaration (FL-160): If you need more space than allowed on the prior forms, use this document. 

The Declaration Regarding Service of Declaration of Disclosure (FL-141) form is a little different. File this paperwork about your financial state with the court, not your partner. 

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What forms do I need to respond to a divorce?

Your spouse will hire a third party to deliver paperwork (or "serve" you with them). You're required to respond within 30 days. If you don't, the courts can make decisions without your input. 

Use the form Response – Marriage/Domestic Partnership (FL-120) to offer your information about the marriage. You must "serve" your partner with form FL-120, and you can do that via mail. Use Proof of Service by Mail (FL-335) to prove that.

You must provide the same set of financial forms your spouse gave you. See that list above. All the forms you fill out to send to your partner should also be filed with the court that is processing your divorce. 

Forms for couples with children

Couples with children come to plenty of agreements during the divorce process, and negotiations can get heated. The forms you use to start the process are relatively simple, but if you can't agree with your partner, more forms could help a judge step in. 

These two forms start the conversation with your spouse:

• Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (FL-105): Identify the children you share and will discuss during your divorce.  
• Optional, Child Custody and Visitation (Parenting Time) Application Attachment. (FL-311): If you already have an understanding with your partner about child custody, use this form. 

Couples that disagree need the court's help. Notify the court with the form Request for Order (FL-300). Notify the judge that some divorce details are too sensitive to wait and that you'd like the court's help in making interim arrangements. You'll need to attach more forms to this one to specify just what you want to happen next. 

Additional forms include the following:

• Temporary Emergency (Ex Parte) Orders (FL-305): Use this form to tell the court about any potential harm that could come to children or property during a long divorce. 
• Child Custody and Visitation (Parenting Time) Application Attachment (FL-311): Tell the court about the custody arrangements you'd like during the process.
• Request for Child Abduction Prevention Orders. (FL-312): Use this form if you're worried your spouse will take your children away during the divorce. 
• Children's Holiday Schedule Attachment (FL-341C): Use this form to talk about where the children should spend holidays like Christmas and Mother's Day. 
• Additional Provisions – Physical Custody Attachment (FL-341D): Use this form to outline other issues, such as child care or canceled visits. 
• Joint Legal Custody Attachment (FL-341E): Use this form to outline how joint legal custody will work during your divorce. 
• Income Withholding for Support (FL-195): Use this form to ask the court to set up support payments paid during the divorce. 

Forms for spousal support

Breaking a household into two parts comes with financial ramifications. You may need help ensuring your partner pays support, and you may need to change those arrangements later. 

Temporary spousal support can help you get through the divorce process. Use the form Request for Order (FL-300) to notify the judge that you'd like the court's help in making interim arrangements. You could fill out information about the following:

• Spousal or domestic partner support 
• Property control

If you already have a spousal support agreement, you may need to change it if your financial situation changes dramatically. You'll use two forms:

• Request for Order (FL-300): Use Item 4 on Page 3 to change your orders. 
• Income and Expense Declaration (FL-150): Use this form to outline your income. Be prepared to attach proof. 

Give your original forms and two copies to the court clerk, and prepare to pay a $60 fee to change your support arrangements. 

Dividing your property and debts

As part of your divorce, you must agree on ownership and obligations. These are sensitive discussions, but you don't have to hold them in person. You could hammer out details via email, or you could hire a mediator to help you agree. 

Dividing property is relatively simple. Each person should keep the property they entered the marriage with, and any community property is split fairly equally.

Debt is harder, especially if one party ran up credit cards. You could sell off jointly owned items to pay off the debt together. You could also determine who is the person best capable of paying off the debt and give that person more community property as payback. 

Finalizing your divorce

Once you've settled all decisions about debt, property, and children, it's time to complete the process. 

Write down your agreement using a template like this, and attach the form Judgment (FL-180) to it. Both parties must sign the agreement.

You'll need to file other forms too, including these:

• Child Custody and Visitation (Parenting Time) Order Attachment (FL-341)
• Child Support Information and Order Attachment (FL-342)
• Spousal, Partner, or Family Support Order Attachment (FL-343)
• Property Order Attachment to Judgment (FL-345)
• Declaration Regarding Service of Declaration of Disclosure (FL-141) 
• Appearance, Stipulations, and Waivers (FL-130)
• Declaration for Default or Uncontested Dissolution or Legal Separation (FL-170)
• Spousal or Domestic Partner Support Declaration Attachment (FL-157)
• Notice of Rights and Responsibilities (FL-192)
• Stipulation and Waiver of Final Declaration of Disclosure (FL-144)

If you're not sure you've completed all the forms you need, use the Judgment Checklist - Dissolution/Legal Separation (FL-182) as a final check. 

Once you're done, you could go to court to complete your agreement and finish the process the same day. Visit your court's Self-Help Center to find out more. 

Additional forms you may need

• Additional Page Attachment (MC-020)
• Attachment to Judicial Council Form (MC-025)
• Declaration (MC-030)
• Attached Declaration (MC-031)

Watch: How to Get a Divorce in California

References