Filing for divorce in California involves a significant amount of paperwork. For uncontested divorces — where both parties agree on all issues — the document preparation can be straightforward if you understand what's needed. This guide walks through the key documents involved in a California dissolution of marriage.
Step 1: The Petition (Form FL-100)
The Petition — Marriage/Domestic Partnership (FL-100) is the document that starts the divorce process. It identifies the parties, states the grounds for divorce (California is a no-fault state — "irreconcilable differences" is sufficient), and outlines what the petitioner is requesting regarding property division, support, and custody.
Along with the Petition, you'll typically file a Summons (FL-110) which notifies the other party that a case has been opened and they have 30 days to respond.
Step 2: Financial Disclosures
Both parties must exchange detailed financial information. The key documents are:
- Declaration of Disclosure (FL-140) — Certifies that financial disclosures have been exchanged
- Schedule of Assets and Debts (FL-142) — Lists all property, debts, and their characterization
- Income and Expense Declaration (FL-150) — Details each party's income and monthly expenses
These disclosures are mandatory and cannot be waived in most cases. They ensure both parties have full information before reaching a settlement.
Step 3: The Marital Settlement Agreement
If you and your spouse reach an agreement on all issues, you'll prepare a Marital Settlement Agreement (MSA). This is the most important document in an uncontested divorce and covers:
- Division of community property and debts
- Spousal support terms (or waiver)
- Child custody and visitation arrangements
- Child support terms
A well-prepared MSA provides clarity and reduces the likelihood of future disputes. Important: We cannot advise on what the terms of your agreement should be — we prepare the document based on the terms you've decided on.
Step 4: Final Judgment
The final documents include:
- Judgment (FL-180) — The formal court judgment ending the marriage
- Notice of Entry of Judgment (FL-190) — Official notice that the divorce is final
- Judgment Checklist (FL-182) — Ensures all required documents are filed
The 6-Month Waiting Period
California has a mandatory six-month waiting period from the date the Petition is served on the respondent. Even if all documents are filed and both parties agree, the divorce cannot be finalized until this period expires. The earliest the divorce can be final is six months and one day after service.
How an LDA Can Help
As a Registered Legal Document Assistant, I can prepare all of these documents for you based on your instructions. This typically costs a fraction of what an attorney would charge for the same document preparation. However, I cannot:
- Advise you on what terms to agree to in your settlement
- Recommend that you sign or not sign a particular agreement
- Represent you in court if your divorce becomes contested
If you need legal advice about your divorce, I can refer you to licensed California family law attorneys.