Free Divorce Court Forms

This is the document that the Petitioner (the first spouse to initiate the divorce case) must file in order to start a divorce case (or Dissolution of Domestic Partnership). In other words, it is the first major divorce document filed by the Petitioner, in which they outline the orders they want in their case. If the Respondent (the other spouse in a divorce case) fails to file a Response (form FL-120) within 30 days of being served the Petition, the case may proceed by Default. In a divorce that proceeds by Default, the Respondent gives up their right to provide input into the case, and a judge will likely grant any orders requested in the Petition. The Petition is filed with the court and served onto the Respondent alongside a Summons (form FL-110) and several possible attachments, depending on the case's circumstances. On the Petition's first page, the Petitioner outlines the statistical facts about the marriage, such as the dates of marriage and separation and whether or not the couple have any minor children together. On the Petition's second and third pages, the Petitioner fills in the legal grounds for the divorce, requests any child custody, child support, or spousal support (alimony) orders they want, and lists any marital property that needs to be confirmed or divided in the divorce case.

If a divorce case involves minor children who are born to the marriage, California law mandates that the children's parents fill out this form with information regarding the children's names, ages, and any and all addresses at which they lived within the last 5 years. This is so that the court can determine the proper jurisdiction (court system) in which to make a determination of child custody and visitation in accordance with the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). In other words, parents must use this form to tell the court where the children have lived in the past 5 years, so that a court can, for example, confirm that California State Courts are the correct courts to make custody and visitation orders in a divorce case. Aside from the children's name, age, and address information, the back page of this form asks for information regarding any prior court cases or active restraining orders involving the children, as well as name and address information for any third parties that claim custody and visitation rights over the children.

This form serves as an attachment to the Declaration under UCCJEA (form FL-105) and must be used by parents in any divorce cases involving three or more minor children born to the marriage, as the original form only has enough space for two children's information.

The Summons is served onto (given to) the Respondent alongside the Petition. The first page outlines that the Respondent has 30 days to file a Response. If the Respondent fails to do so, their spouse (the Petitioner) can ask the court to decide the case without the Respondent's input. This type of divorce is referred to as proceeding by "Default." The divorce Summons' second page contains Standard Family Law Restraining Orders, which outline the things neither spouse can do without a written agreement or court order. These include such prohibited actions as hiding or transferring money or property, changing insurance beneficiaries, or taking any minor children born to the marriage out of California.

The Petitioner files this form to prove that the Summons and Petition (the first set of divorce paperwork) was given to, or "served" onto, the Respondent according to California law. Per California law, the server can be anyone over the age of 18 who is not a party to the case (i.e., NOT you or your spouse), such as a professional process server, family member, friend, or acquaintance. The server must fill out and sign this form. More specifically, the server must list the date, time, and address at which the other party was served. The server must also provide their contact information in case the court needs to verify the information they provided about how and when the service happened.

This is the document that the Respondent (the other spouse in the divorce case) must file in order to request the orders they want in their divorce case. If the Respondent doesn't file this document with the court within 30 days of being served the Petition, the case may proceed by Default. If the case proceeds by Default, the Respondent gives up their right to provide input in the case, and the judge may grant whichever orders the Petitioner requests. The Response is filed with the court and served to the Petitioner alongside a Proof of Service by Mail (form FL-335) and several possible attachments, depending on the case's circumstances. The form is almost exactly the same as the Petition (form FL-100), with some minor differences in format. As opposed to the Petition, on which the Petitioner requests the orders they want, the Response includes additional space in which the Respondent must explain why they disagree with the Petitioner's requests, if applicable.

This form is only filled out if both spouses file their initial set of paperwork with the court (the Petition and Response). On this form, spouses and their attorneys (if applicable) tell the court whether their case is Contested or Uncontested. In an Uncontested divorce case, both spouses ultimately reach an agreement over the issues in their case. In a Contested divorce case, spouses cannot reach an agreement and must rely on the court (a judge) to make these decisions for them during one or more hearings.

The Declaration of Disclosure is a cover sheet that indicates which financial disclosure forms each spouse used to provide their financial information to the other. These financial disclosure forms include information about any and all of the spouses' assets, debts, income and expenses, tax returns, and business and investment opportunities, interests, and liabilities. This form is not filed with the court. Instead, spouses must complete and serve a preliminary and final version of this form onto each other during their case. If a spouse fails to disclose important financial information, whether by mistake or in an effort to hide money, they can be sanctioned (fined) by a judge.

In a divorce case, spouses file this form to prove that the Declaration of Disclosure and attached financial disclosure forms were either served to the other spouse or waived according to California law.

Spouses must use either the Schedule of Assets and Debts (form FL-142) or Property Declarations (form FL-160) to disclose every piece of the property they own to one another. For each asset listed on the form, spouses must indicate whether it is separate or community property, the date on which it was acquired, its current value, and any associated debt or encumbrance. For each debt listed, spouses must indicate whether it is separate or community debt, the total amount owed, and the date the debt was incurred. Spouses must list all of this information so that they can divide their property evenly according to California law. If a spouse fails to disclose important financial information, whether by mistake or in an effort to hide money, they can be sanctioned (fined) by a judge. Determining the right category for a piece of property, whether separate, community, quasi-community or both separate AND community property, can be quite difficult and overwhelming. However, our Financial Disclosures package uses several tools to help each party make these determinations easily for everything they and their spouse own.

After spouses have given each other their Preliminary Declarations of Disclosure (and their associated documents), and if they can agree that they do not need to provide each other with another round of disclosures, spouses can sign this form to get out of having to complete and serve the Final Declaration of Disclosure and associated documents.

The Income and Expense Declaration is a financial disclosure document that asks spouses for their employment, education, income, and expense information. Spouses must disclose all of this information to one another alongside their 2 most recent tax returns so that the court can make any necessary determinations of child and/or spousal support (alimony).

In divorce cases involving long-term marriages (10+ years), spouses must fill out this form with information detailing their "marital standard of living" (i.e., the lifestyle enjoyed by both spouses during the marriage). This includes information regarding each spouse's age and health, earning capacity, education and training, financial needs, the standard of living, expenses, assets and debts, and tax consequences.

In a divorce case, a spouse can request that the other spouse pays for their attorney's fees and costs if they can prove that it is within the other spouse's means to do so. This form allows spouses to provide information either in support of or in opposition to, a request for payment of attorney's fees.

Spouses must use either the Schedule of Assets and Debts (form FL-142) or Property Declarations (form FL-160) to disclose every piece of their property they own to one another. The main difference between this form's format and the format of the Schedule of Assets and Debts is that spouses can include a proposal for how to divide each asset and debt on the Property Declaration form, but not on the Schedule of Assets and Debts. For each asset listed on the form, the spouse must indicate whether it is separate or community property, the date on which it was acquired, its current value, and any associated debt or encumbrance. For each debt listed, spouses must indicate whether it is separate or community debt, the total amount owed, and the date the debt was incurred. Spouses must list all of this information so that they can divide their property evenly according to California law. If a spouse fails to disclose important financial information, whether by mistake or in an effort to hide money, they can be sanctioned (fined) by a judge. Determining the right category for a piece of property, whether separate, community, quasi-community, or both separate AND community property, can be quite difficult and overwhelming. However, our Financial Disclosures package uses several tools to help each party make these determinations easily for everything they and their spouse own.

If the Respondent in a divorce case fails to file a Response within 30 days of being served the Petition, the Petitioner can file this form to request that the divorce proceeds by Default. If the case proceeds by Default, the Respondent gives up their right to provide input in the case, and the judge may grant whichever orders the Petitioner requested in their Petition, within reason.

In any divorce case that isn't Contested (see the explanation under form FL-130 above for a definition), spouses must file this form to tell the court whether their divorce case is Uncontested or proceeding by Default. In an Uncontested divorce case, spouses file their initial court forms (the Petition and Response) and ultimately reach an agreement over the issues in their case. In a Default Divorce case, the Respondent fails to file a Response and gives up their right to provide input in the case.

The Judgment is the last form in the divorce process. Once signed by a judge, the Judgment, and its attachments: (1) Finalize the divorce (i.e., legally end the marriage), and (2) Serve as the court's official and enforceable orders by which the former spouses must abide. These orders can include such issues as payment of attorney's fees and costs, child custody visitation, child or family support, spousal support (alimony), and property division. If spouses come to a written agreement, or stipulation, over issues in their case, they must attach it to the Judgment for the court to turn the agreement into official court orders.

This form informs spouses and their attorneys (if applicable) that the Judgment has been signed by a judge, and consequently, the divorce has been finalized (i.e., the marriage has been ended).

In divorce cases in which child support is ordered, both parents must complete a Child Support Case Registry form. The information on the form will be included in a national database that, among other things, is used to locate absent parents. This form is confidential and will not be filed in the court file. Instead, the form will be maintained in a confidential file with the State of California.

The Notice of Rights and Responsibilities is an information sheet provided to parents in divorce and other family law cases involving child support orders.

If the judge orders child or spousal support, he or she may issue an earnings assignment order (aka, a wage assignment or income withholding for support order). This is a form that tells an employer how much money to deduct from an employee's paycheck every month and where to send the payment to fulfill court-ordered support obligations. In other words, if the party ordered to pay support is regularly employed, the employer will take support payments directly out of his or her paycheck. Most support is paid this way, and federal and state laws require it in almost all child support cases. It is the employer's responsibility to withhold the wages if there is a wage assignment. If the party ordered to pay support has other wage assignments in place, child support is deducted first, before other withholding orders. Spousal or partner support assignments come after child support wage assignments.

The Request for Order (RFO) can be used to either request temporary orders or request to change or end official court orders. Requesting Temporary Orders: California law states that the earliest date a married couple can be legally divorced is 6 months and 1 day from one of the following three dates (whichever occurs first): The date the Respondent was served with the Petition and Summons; The date the Response was filed; or The date the Appearance, Stipulations, and Waivers was filed (in Uncontested divorce cases). However, divorce cases can take much longer. That said, through the Request for Order process, spouses may request temporary orders that, if granted, will go into effect temporarily and stay in effect until the divorce is finalized or the orders are changed through the RFO process. Once a party files an RFO to request temporary orders, a hearing will generally be set within 20 days, during which the judge will rule on the issues requested in the RFO and Responsive Declaration to the RFO (if the other party completes one). If the judge signs off on temporary orders, the orders will take effect immediately and remain in effect until the conclusion of the case or until another RFO is filed to amend (change) the temporary orders. Requesting to Change or End Orders: To change or end an official court order during or after the finalization of a divorce case, a party must use this form to outline the changes they are requesting, as well as the reasons why the court should change or end the orders. Once a party files an RFO to change or end orders, a hearing will generally be set within 20 days, during which the judge will rule on the issues requested in the RFO and Responsive Declaration to the RFO (if the other party completes one). If the judge signs off on the requested changes, the new orders will take effect immediately and remain in effect until either another RFO is filed to amend the orders or they expire for other legal grounds (for example, child support orders end once a child reaches the age of 18 or graduates high school). For example, if a parent that was ordered to pay child support after a divorce lost their job, they would have to file an RFO to request a decrease in the amount of child support they are legally obligated to pay each month. This is important to note, as support orders' specific payment amounts will remain in effect regardless of external factors unless a party files an RFO.