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The documents and forms which must be filed to petition for divorce in
For a summary divorce between spouses who have been married for less than five years and do not have children or substantial debt or property, the party requesting the divorce must file a Joint Petition for Summary Dissolution of Marriage (FL-800), a Request for Judgment, Judgment of Dissolution of Marriage, and Notice of Entry of Judgment (FL-820), and Notice of Revocation of Petition for Summary Dissolution (FL-830). More or less forms may be required in your particular case.
For an uncontested divorce, where the spouses do not qualify for a summary divorce but agree on how to distribute their property and debts, the party filing for divorce must file a Petition for Dissolution of Marriage (FL-100) and a summons (FL-100) to notify the other souse that a divorce case has been filed.
A contested (or “regular”) divorce, where the parties do not agree on one or more marital issues, requires a filing of Petition for Dissolution of Marriage (FL-100) and a variety of other supporting documents, such as a Schedule of Assets and Debts (FL-142), and a Property Declaration (FL-160). Again, based on the facts and circumstances of your particular marriage and divorce, more forms may be required.
The courts also provide worksheets the spouses can use to tally their debts, assets, and other property they own.
If there are children from the marriage, the filing party must also submit a Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) in accordance with California Family Code sections 3400-3412. This form tells the judge which spouse the children have been living with and if any other custody orders exist that involve the case.
This article is intended to be helpful and informative. But even common legal matters can become complex and stressful. A qualified divorce lawyer can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact a local divorce attorney to discuss your specific legal situation.