Divorce Step 1: The Petition
There are four main steps in the divorce process. The steps are as follows:
File a Summons and Petition with the Court. If you have minor children of the marriage, you will also file an FL-105 UCCJEA.
Serve the Summons and Petition (and FL-105 UCCJEA if there are minor children) on the other party. Service must be done by an adult and cannot be done by the Petitioner (the party who filed the Petition).
File Preliminary Declaration of Disclosure on other party. These consist of an Income & Expense Declaration, Schedule of Assets and Debts and Declaration of Disclosure. You must also submit statements for all assets/debts, 2 years of tax returns and 2 months of paystubs. *There may be additional forms depending on your case.
Finalize Divorce by one of the following: Default with no agreement, Default with Written Agreement, Response Filed and Written Agreement or Response Filed and Case Contested, in which a hearing or hearings will be required.
We will talk about Step 1 in the Process.
FL-110 Summons: This form must be completed and filed along with the Petition. It is the legal notice that will be served with the Petition. It tells the other party that they are being sued for divorce, their rights and includes the Standard Family Law Restraining Orders.
FL-100 Petition: This form provides the Court with information about your marital status, date of marriage/separation, residency of parties, minor children of the marriage, community property, separate property, spousal support, restoration of maiden name and any other requests that you may have.
FL-105 UCCJEA: This form is to be filed with the above only if you have minor children of the marriage (born before, during marriage or adopted). The children's name, date of birth, sex, place of birth (city and state) along with where the children lived for the past 5 years.
Once these forms are completed, dated and signed you can file them with the Court to initiate your case. Follow our instructions below for a no hassle filing:
Make 3 copies of all documents
Staple the Summons FL-110 (2 Pages)
Staple the Petition FL-100 (If you have minor children, staple the UCCJEA FL-105 to the Petition)
Hole Punch the Original Documents, as the Court will keep all originals and file and stamp 2 copies for you
Be sure to have your Court Filing Fee, this can be a check or some Courts accept debit and credit cards, but they do charge a processing fee.
Once you have filed it is time to move on to Step 2. Be sure to come back to visit for our tips on how to get your ex served. We will discuss the different methods of service and what to do once they are served.
If you need any assistance with your divorce case, contact Diablo LDA so we can help!
Diablo LDA & Attorney Services is not a law firm and Jessica Ward is not an Attorney. This article is for informational purposes only and is not to be relied upon as legal advice. We provide self-help services at your specific direction. We cannot give legal advice, represent you in court or select legal forms for you.