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What forms do you need to file if you are seeking an uncontested divorce in California?

If you are seeking a divorce, there is a lot of paperwork involved. Whether or not the divorce is contested, you will still need to file many forms with the court if you are the one filing for divorce.

To get divorced in California, you don’t necessarily have to have been married there, but at least one of you (either you or your spouse) must have been a legal resident of the state for the six months prior to getting divorced. You will use the Superior Court of the county where the resident spouse has lived for at least three months before filing the forms for an uncontested divorce.

Here is a brief summary of each form you will need to file to get an uncontested divorce:

Form FL-100

This is the form you will file if you want to get an uncontested divorce in California. Note: Filing this form does not mean that your divorce will not be contested, but rather it spells out the general terms of the divorce as you would like it to happen. After you file this form, your spouse will have an opportunity to respond, usually within 30 days.

On this form, you break down how you would like to settle alimony and child custody, how you would like to divide assets, and other rights. Again, he does not guarantee that your divorce will not be contested; In other words, your spouse may not agree to the terms of the divorce as he has stated them, even if your spouse actually agrees and wants to get divorced as well. In addition to submitting the form itself, you will also submit supporting documentation.

Form FL-110

Form FL-110 is a subpoena. The summons is intended to obtain a response from your spouse. You will file both forms with the clerk with a filing fee of $350, and it is done in triplicate. The original of each one is filed, and the other two are made up, with one copy of each of the two different certified copies to be delivered to the other spouse by the spouse filing for divorce.

Form FL-140

This form is filed along with the other two, which is a disclosure statement. This is attached to a detail of the marriage’s debts and assets, income and expenses, and other statements describing any obligations or property.

Form FL-115

Form FL-115 is a “Proof of Service” form, which means that the documents have been served on the defendant in the divorce. If you cannot find your spouse to serve the papers, you will generally need to publish the subpoena and local periodicals for at least a month.

Other possible ways:

Form FL-165

Form FL-165 is a “request for default,” which you can usually file if your spouse does not respond to your summons after 30 days. At that point, the court often considers the divorce uncontested and treats it as such.

Form FL-170

If your spouse agrees to the divorce and its terms, you can go ahead and create a marriage settlement agreement and file Form FL-170, Uncontested Dissolution.

FL-180 forms and FL-190

With FL-180, you are asking for a judgment, and then the FL-190 form is the notice of entry of judgment. These two documents give the court the means to make your divorce official and legal.

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