California Divorce Roadmap
California Divorce Roadmap
California Divorce Roadmap
TABLE OF CONTENTS
Chapter
Page
Introduction
Getting Started
Service
10
Declarations of Disclosure
14
17
19
22
25
Contested Judgment
28
32
35
Conclusion
38
CHAPTER 1 - INTRODUCTION
California divorce can be scary, overwhelming, and complicated, but having a
good understanding of the nuts and bolts of the basic divorce process can be a great
help. Simply understanding the basic framework and procedure can ease a lot of
concerns. Even if you have an attorney, it can be very helpful to know, from start to
finish, what needs to happen in order for you to get that final decree in hand.
I am a practicing California divorce and family law attorney. In this book I will try
to answer most of the basic procedural questions that my clients often ask me, and I will
give you an overview of the various steps in the divorce process.
A note about the forms referenced in this book: all the forms referenced in
this book, e.g., FL-100, FL-311, etc., can all be found and downloaded for free from the
Judicial Councils website, www.courts.ca.gov/forms.htm.
Thank you for downloading and reading this book. I hope you find it helpful. If you
would like additional help with your divorce, please feel free to contact me by phone or
email. My contact information is located on my website at www.SteveSchofieldLaw.com.
You may also find some useful information on my blog at
www.SteveSchofieldLaw.com/blog.
All the best,
Stephen O. Schofield, Esq.
So youve decided you want to get a divorce. Now what? The first step is to draft
the initial papers you will be filing with the court in order to open the case. The
necessary forms for getting started will vary depending on a few things, e.g., whether
you have minor children of the marriage, whether you will be requesting the court waive
your filing fees, etc.
First I will provide a list of the forms to complete and file for this initial step. As
you will see there are forms that are required in every case, and some that are optional.
From there, I will walk you through the nature and purpose of each form.
The basic forms are as follows:
Petition for Dissolution (FL-100)
Summons (FL - 110)
UCCJEA (FL-105) - only if there are minor children
The optional forms are as follows:
The Petition, at its core, is the form you file to ask the court to grant you a divorce
decree. You will need the following information to complete this form: your marriage
date, your separation date, the names and birth dates of your minor children (if any), a
list of any separate property, and a list of any community property. If you have minor
children, you must also complete and file the UCCJEA form (FL-105). If your separate
California Divorce Roadmap - Page 5
or community property lists do not fit in the space provided, you will need to file
separate and/or community property declarations (FL-160).
A note about community and separate property: in California, all property
acquired during the marriage and before the separation is community property, with a
few exceptions. Money acquired during the marriage by inheritance or by gift, is the
separate property of the spouse who received the inheritance or gift. There are certainly
other exceptions, but covering those are beyond the scope of this book. However, just
keeping the above in mind will suffice for the majority of cases.
A note about your date of separation: the standard definition of separation
date is the date that you began living apart from your spouse with no intention of living
together again. Again, it can get a little more complex than that, but that is the basic rule
of thumb.
The Summons is a very basic form that requires little information and work. You
merely put your name and address, and your spouses name and address. The
summons officially puts your spouse on notice that he or she is now a party to a court
case.
The UCCJEA Form
The purpose of this form is to give the court enough information to determine
whether or not the court has jurisdiction over custody matters or whether another state
has jurisdiction. To that end, you will need to provide the names and birth dates of your
children, their addresses for the past five years, and the names and relationships of the
people with whom they were living at each address. You will also need to provide
information about any other ongoing court cases that may affect custody of your
children.
A Brief Description of Optional Forms
Property Declaration
As discussed above, this form is used to list property when the space provided
on the Petition is too small. You should use two separate Property Declarations if you
need to list both separate and community property, i.e., one declaration for separate
property and one for community property.
CHAPTER 3 - SERVICE
There are a few methods to complete effective service. Each method has its
merit. It will really depend on your specific situation, when it comes to selecting the best
option.
Option 1 - Hire a Process Server
A simple way to get it done is to hire a professional process server to serve the
documents on your spouse. If you have an attorney, he or she will likely have a working
relationship with a process serving company, and the service can easily be arranged.
However, keep in mind, this option costs anywhere from $50 to $100. It is usually
effective, but there are cheaper options.
Option 2 - Find a Friend or Family Member Willing to Do It
California law generally requires that the documents be personally delivered to
the spouse by someone over the age of eighteen, who is not a party to the case.
Therefore, if you can find a friend or family member who is willing to physically hand the
documents to your spouse, this can be a good option.
This option may not be appropriate in all cases. For instance, your spouse may
be so volatile that no one in their right mind would want to go near them. That is why
people pay process servers the big bucks.
Option 3 - Delivery by Mail with a Signed Notice and Acknowledgment
While the general rule is that the Petition and Summons must be personally
served, this option is an exception. It is okay to serve your spouse with the Petition and
Summons by mail, if your spouse signs and returns a form called the Notice and
Acknowledgment (FL-117). By signing the form, your spouse essentially waives his or
her right to personal service.
Option 4 - Service by Publication
In some cases, you may have no idea where your spouse is. Perhaps you have
been separated for many years and your spouse has virtually disappeared from your
life. In this type of situation, you may have the option of serving the documents on your
spouse by publishing notice of the dissolution proceedings in a newspaper. You must
complete the following steps if you wish to go this route:
California Divorce Roadmap - Page 10
A note about the 6-month waiting period: California law states that no divorce
can be finalized until 6 months and one day after service of the Petition and Summons.
This 6-month (and one day) clock begins to run the moment your spouse has been
effectively served. The moment of service is pretty straight forward when your spouse is
personally served. However, if you opt to serve by mail with a Notice and
Acknowledgment, the clock begins to run on the date your spouse signs the Notice and
Acknowledgment.
California Divorce Roadmap - Page 11
Now that your spouse has been served, the case is officially underway. The next
step is very important as it lays the groundwork for negotiating a fair settlement. On we
go!
The Declaration of Disclosure is a form you mail to your spouse, but do not file
with the court. It is more or less a cover sheet for your disclosure, letting your spouse
know what forms you are providing them with.
California Divorce Roadmap - Page 14
The Schedule of Assets and Debts also is a form you will fill out and mail to your
spouse but not file with the court. As discussed above, if it is the Preliminary disclosure,
the Schedule of Assets and Debts need only list the assets and debts and need not
contain a listing of values or state when it was obtained/incurred. If you do not have any
assets or debts, just put none for each category on the form. You must also state
whether each asset or debt is community or separate. If it is separate, you will put either
a P or and R in the appropriate column to indicate whether the time is separate
property of the Petitioner or of the Respondent. If you are preparing the Final disclosure,
this Schedule must have all the details, and you must attach documentation of the
assets and debts, such as the most current account statements, the deed to any real
property, etc.
The Income & Expense Declaration must be filled out completely and must
accompany the Declaration of Disclosure and the Schedule of Assets and Debts when
mailed to your spouse. You must also attach your two most recent pay stubs and the
your most recent tax return. You will be filing this form with the court.
The Declaration Regarding Service of the Declaration of Disclosure is a form you
fill out to swear to the court that you have fully fulfilled your financial disclosure
obligations. You will indicate on the form whether the disclosure was the Preliminary or
Final, and you will also state what documents you mailed to your spouse. By filling out,
signing, and filing this form, you swear to the court under penalty of perjury that you
indeed did mail these documents to your spouse and that the information on these
documents was true and accurate. You will file this form with the court.
A note about deadline for Final Disclosure: you should try to mail the Final
Disclosure to your spouse as early on in the case as possible. The official deadline
however, is 45 days prior to the trial date (if one is set). In general, if the case settles,
the court will not issue the decree until both parties have fulfilled Preliminary and Final
disclosure obligations.
Additional Required Forms When There are Minor Children of the Marriage
Child Support Information and Order Attachment (FL-342)
Notice of Rights and Responsibilities (FL-192)
The Following Forms are Optional
served all necessary documents, and to clarify exactly what you are requesting the
court to order.
The judge will typically make the order right on the spot, and the clerk will provide
you with a minute order. It is your responsibility to get that minute order turned into a
final judgment.
After the Hearing - Getting to the Final Judgment
Once the hearing is over, and you have that minute order, you should prepare
the following:
Judgment (FL-180)
Notice of Entry of Judgment (FL-190)
If there are minor children you must also prepare the following:
Child Support Information and Order Attachment (FL-342)
Notice of Rights and Responsibilities (FL-192)
In addition to these forms, the same optional forms that apply to default
judgments without a court hearing (Chapter 5) are optional here as well.
Be sure to prepare the Judgment (FL-180) according to the details ordered by
the judge as recorded in the minute order. Make three copies of these documents, and
file them with pre-addressed, pre-stamped envelopes for yourself and your spouse.
Once the court returns the filed documents to you, proceed to the instructions in
Chapter 9 of this book.
If there are minor children, you must also include the following forms:
Child Support Information and Order Attachment (FL-342)
Notice of Rights and Responsibilities (FL-192)
The following forms are optional:
A note about marital settlement agreements: it is usually a good idea for you
and your spouse to record the specific details of your arrangement in a marital
settlement agreement. If you want to do so, this would be the time to do it. You would
put it together and file it with the documents above. If your spouse filed a Response,
neither signature on the agreement needs to be notarized.
Now I know Im starting to sound like a broken record, but this next part is going
to sound awfully familiar. Just hang in there with me.
Once you have these documents prepared, make three copies. You will file these
along with two envelopes. One envelope will be regular sized, with one stamp on it, and
with your spouses address on it. The other envelope will be a large manilla envelope
with your address on it and enough postage to cover for all three of the sets of copies.
California Divorce Roadmap - Page 25
The court will then review the documents, and if all is approved, will mail you
back the file-stamped copies. If this happens, proceed to the instructions in Chapter 9 of
this book. If the documents are returned as rejected or not filed, you will need to go
through the contested judgment process outlined in the next chapter.
The Trial
If the Settlement Conference does not result in settlement of all issues, the case
will proceed to trial on the trial date/s. At trial the judge will hear all the evidence and
arguments and will make an order. That order will typically be recorded as a minute
order. The judge usually will direct one of the parties or his or her attorney to prepare,
file, and serve the judgment based on that minute order. If the judge directs you to
prepare the judgment, proceed to the next chapter of this book for instructions.
A note about new habits: Another psychologist, Janet Reibstein, also has
some good advice, "Create a different set of habits and new associations. Go to a
different place to have a coffee. If you and your partner went jogging every morning,
don't carry on the same route alone. This will help you realize you can do things on your
own." Id.
CHAPTER 12 - CONCLUSION
Dear Reader,
Thank you for taking the time to read this book. I sincerely hope it has been
helpful to you. I wish you the best of luck in your new phase of life and extend the
warmest wishes to you and your family.
I welcome any feedback you may have regarding the book. Id sure love to hear
from you. You can send me an email at [email protected].
Also, if I can help you in my role as a California divorce and family law attorney,
please feel free to contact my office. You can always find my current contact
information at my website, www.SteveSchofieldLaw.com, and on my Facebook page,
www.Facebook.com/SchofieldLaw.
Thank you.
All the best,
Stephen O. Schofield, Esq.