California FL Divorce Forms: Complete Guide
A Step-by-Step Guide to FL-100, FL-120, FL-150, and More
Introduction to California Divorce Forms
Completing all the necessary forms is a key part of navigating a California divorce, legal separation, or other family law matter. The number of required forms can seem daunting for those unfamiliar with the process.
This comprehensive guide will explain the central California divorce forms step-by-step. We’ll look at the purpose of each form when it’s required, how to fill it out properly, and common mistakes to avoid.
You’ll also find tips, examples, download links, and FAQs to help demystify these forms and support you on your path to divorce.
Overview of 7 Essential California Divorce Process Forms
Here are the key forms needed to initiate a divorce, separation, or custody case in California:
<img src=”http://www.courts.ca.gov/documents/fl100.pdf” width=”100″ height=”150″>
- FL-100 – Petition for Dissolution of Marriage
- FL-120 – Response to Petition
- FL-150 – Income and Expense Declaration
- FL-142 – Schedule of Assets and Debts
- FL-110 – Property Declaration
- FL-115 – Ex Parte Request for Order
- FL-105 – Declaration for Default or Uncontested Dissolution
Let’s look at each of these essential forms in detail, including when each is required and how to complete it accurately.
FL-100 Petition for Dissolution of Marriage
The Petition for Dissolution of Marriage, Form FL-100, is the first form filed to start the divorce process in California. Here are key details about this petition:
What it does:
- Legally initiates the divorce proceedings
- Establishes which spouse is the petitioner and which is the respondent
- Specifies the grounds for divorce (irreconcilable differences)
- Makes requests for child custody, visitation, support, and property division
When it’s required:
- Filing this petition opens a divorce or legal separation case and starts the process
- It must be filed with the court clerk and served to the respondent’s spouse
How to fill it out:
- Enter your marriage details – date, place, separation date, children
- Select a community or separate property as the basis for division
- Check boxes requesting child custody, visitation, support
- Indicate if spousal support, attorney fees are requested
- Date, sign, and file with court clerk’s office
Common mistakes:
- Forgetting to file the necessary Declaration Regarding Service of Declaration of Disclosure (FL-141)
- Failing to request important reliefs like spousal support or attorney fees
- Omitting separate property pleadings if this is basis of division
- Not making all requests for legal or physical custody of children
Filing the petition is the first major step in the California divorce process, so be sure to fill it out completely and accurately.
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FL-120 Response to Petition
After your spouse is served with the summons and petition for dissolution, they must formally respond using the Response to Petition, Form FL-120:
What it does:
- Provides the respondent’s formal reply to the divorce petition
- Indicates if the respondent agrees with or contests details in the petition
- Allows respondent to make their own requests (support, property, custody)
When it’s required:
- Must be filed and served within 30 days after receiving the petition and summons
- If no response is filed within 30 days, the respondent is in “default”
How to fill it out:
- Check boxes agreeing or disagreeing with petition details
- Fill out requests for child custody, visitation, support
- Indicate if spousal support and attorney fees are requested
- Date, sign, and file with the court
Common mistakes:
- Simply checking boxes without providing additional facts
- Not requesting important reliefs like spousal support or attorney fees
- Failing to file a response within 30 days leading to default
- Forgetting to date, sign, and serve the response to the petitioner
The FL-120 response allows the respondent to tell their side of the story. Don’t merely check boxes – provide key details.
FL-150 Income and Expense Declaration
The Income and Expense Declaration, Form FL-150, discloses the full financial details of each spouse:
What it does:
- Provides income, expense, asset, and debt information
- Allows court to determine support amounts
- Mandatory form for all divorce and legal separation cases
When it’s required:
- Must be served within 60 days of filing the petition
- Required whenever child support, spousal support, or attorney fees are ordered
How to fill it out:
- Enter all sources of taxable income and attach proof
- Itemize average monthly expenses and provide documentation
- List all assets and debts with supporting statements
- Sign and date the declaration
Common mistakes:
- Failing to attach required documents as proof
- Not listing all income sources or disclosing accurate amounts
- Missing the 60-day filing deadline
- Failing to detail expenses or providing inflated amounts
- Not disclosing all assets and debts accurately
Complete and accurate financial disclosure is essential for the FL-150. Attach all required proof.
FL-142 Schedule of Assets and Debts
The Schedule of Assets and Debts, Form FL-142, provides an itemized list of all property and obligations:
What it does:
- Itemizes all real estate, financial accounts, personal property, and debts
- Provides values and details on each asset and liability
- Supplements the FL-150 with comprehensive lists
When it’s required:
- Must be served within 60 days of the petition being filed
- Required whenever property division is at issue
How to fill it out:
- List each asset with the date acquired, value, encumbrances
- Itemize each debt with the original amount and current balance
- Provide statements and records to support listed values
- Sign and date the completed schedule
Common mistakes:
- Leaving off assets or debts from the itemized lists
- Failing to include values, account numbers, and other details
- Not providing documentation to confirm listed amounts
- Forgetting to file within 60 days of the petition
The FL-142 provides the details to divide assets and debts equitably. Avoid omissions by being thorough.
FL-110 Property Declaration
The Property Declaration, Form FL-110, classifies assets and debts as separate or community property:
What it does:
- Identifies separate and community property
- Establishes the basis for dividing property
- Helps determine ownership interests
When it’s required:
- Must be served within 60 days of the petition being filed
- Whenever property division is contested
How to fill it out:
- Classify each major asset and debt as separate or community
- Cite facts supporting separate property classifications
- Identify reimbursable contributions by separate estate
- Sign and date the declaration
Common mistakes:
- Incorrectly categorizing assets or debts as separate instead of community
- Failing to provide documentation to prove Separate Property claims
- Not reimbursing community estate for contributions to separate property
- Neglecting to file within 60 days of the petition
Getting the separate vs community property classification right is crucial. Provide all facts and documents to support classifications.
FL-115 Ex Parte Request for Order
The Ex Parte Request for Order, Form FL-115, requests temporary emergency court orders:
What it does:
- Asks the court for immediate temporary orders
- Allows urgent relief pending a final judgment
- Commonly used for financial, custody, or restraining orders
When it’s required:
- Whenever there is an emergency requiring court intervention before the final judgment
- Scenarios include risk of physical harm, financial assets being drained, child abduction, etc.
How to fill it out:
- Explain the emergency circumstances requiring immediate relief
- Request the specific orders needed (custody, financial, restraining, etc)
- Propose a custody plan, financial plan, or other solution
- Date, sign, and file the ex parte request
Common mistakes:
- Not providing sufficient cause for emergency orders
- Failing to give notice to the other party of the request
- Asking for orders that contradict current orders or agreements
- Neglecting to file required documents supporting the request
The FL-115 allows urgent court intervention but should not be misused for non-emergencies.
FL-105 Declaration for Default or Uncontested Dissolution
The Declaration for Default or Uncontested Dissolution, Form FL-105, finalizes divorce by default or agreement:
What it does:
- Concludes an uncontested or default divorce case
- Confirms all issues have been resolved and requirements met
- Establishes the court’s jurisdiction to dissolve the marriage
When it’s required:
- After meeting all prerequisites in an uncontested or default case
- When ready to obtain final court judgment granting the divorce
How to fill it out:
- Check boxes confirming compliance with all rules and disclosure
- Indicate how community property and debts were divided
- Attach settlement agreement, if one was reached
- Date, sign, and file with request for default or uncontested judgment
Common mistakes:
- Failing to complete all mandatory disclosures and education first
- Not having a written settlement agreement when needed
- Incorrectly indicating the case was uncontested when a response was filed
- Forgetting to submit additional supporting declarations
Don’t file the FL-105 until you’ve confirmed the case meets the requirements for default or uncontested dissolution.
Frequently Asked Questions About California Divorce Forms
Do I need a lawyer to fill out these forms?
No, but having an attorney review your forms is highly recommended to avoid mistakes. Improperly filled-out forms can delay proceedings.
What if I’m missing some financial documents?
Make your best efforts to provide complete documentation. If unable to obtain a document, file the form on time and explain which document is missing.
How soon after filing can I get a divorce judgment?
The soonest is 6 months in California, but contested cases often take longer. A default case can sometimes be resolved in 6 months if the paperwork is prompt.
What are the income eligibility limits for a fee waiver?
Fee waivers are based on household income. The income limit is currently $2,127 per month for a family of two. Limits increase with household size.
How much are the court filing fees?
The fee to file a divorce petition is currently $450. Other common fees are $455 for custody petitions and $20-25 for motions. Fee waivers are available for those who qualify by income.
Conclusion
I hope this guide has demystified the essential California divorce and family law forms. While the forms look complex, breaking them down step-by-step makes the filing process more manageable.
Use this reference to learn about each form, avoid common mistakes, and get your paperwork filed correctly. Accurate form filing sets your case on a smoother path and saves you time, money, and headaches in the long run!
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