Ending A Marriage - Divorce, Legal Separation & Annulment Overview

Divorce. A divorce (also called a "dissolution of marriage") ends your marriage. You can get a divorce
if you say you have "irreconcilable differences" with your spouse. You don't have to give the court any
other reason. It doesn't matter who is at fault.
To get a divorce in California, you or your spouse must have lived in California for the last 6 months
AND for 3 months in the county where you're going to file for your divorce. Click here to learn more
about California's "residency requirements."
When you get a divorce, you can ask the judge to make orders about:
• Custody and visitation. This means who your children will live with and how you and your
spouse will share parenting responsibilities.
• Child and spousal support. This means the amount of money that the judge orders one spouse
to pay the other spouse.
• The division of your property.
• And who will be responsible for paying debts.
If attorneys are involved, you may be able to get orders about who will pay their fees. You can also ask
the judge to make other orders about things like domestic violence. Click here to learn more about
domestic violence and staying safe.
Anyone who is married can get a regular divorce.
Some couples that have been married less than 5 years can get a "summary dissolution." A summary
dissolution is an easier way to end your marriage. Click here to learn more about getting a summary
dissolution.
For more information, go to this Self-Help Center's section on Divorce, Legal Separation &
Annulment.
Legal Separation. If you can't (or don't want to) get a divorce, you can ask the judge for a legal
separation. (You can't get a divorce if you and your spouse have lived in California for less than 6
months (or for less than 3 months in the county where you want to file).)
If you get a legal separation, you can ask the judge for orders on things like child support and spousal
support, custody and visitation, domestic violence restraining orders, or any other orders that you could
get in a divorce.
To get a legal separation, you follow the same basic process used for a divorce. But legal separation is
different because it doesn't end your marriage. You and your spouse may NOT remarry after getting a
legal separation. If you ask for a legal separation, you may be able to change to a divorce case later if
you meet certain requirements.
For more information, go to this Self-Help Center's section on Divorce, Legal Separation &
Annulment.
Annulment. In an annulment (also called "nullity of marriage"), a judge can say that a marriage is not
legally valid.
A marriage that is
• incestuous (between close blood relatives), or
• bigamous (where a spouse is already married to someone else) is never legally valid.
A judge can also say that a marriage is not valid for other reasons, like when a person is younger than
18 at the time of the marriage. There are several other reasons why a judge may say that a marriage is
not legally valid.
To get an annulment, you must be able to prove to the judge that one of these reasons is true in your
case. This makes an annulment case very different from a divorce or a legal separation. "Irreconcilable
differences" are not a reason for getting an annulment.
Getting an annulment doesn't depend on how long you've been married. Even if you've been married
only a very short time, you may not be able to prove to the judge that your case has one of the legal
reasons that makes your marriage invalid.
When you ask the court for an annulment, you can also ask for orders on things like child custody and
visitation, and child and spousal support.
Note: A nullity removes the presumption of parentage arising from a valid marriage. Therefore, you
must also ask that the parentage be established for any children you have in common with the other
party.
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Introduction to Divorce, Legal Separation & Annulment

In California, starting on January 1, 2005, domestic partners must also file for dissolution, legal
separation, or annulment to end their relationship. For more information about ending a domestic
partnership, click here.

What's the difference between a divorce, a legal separation, and an annulment?

A divorce (also called "dissolution of marriage" or "dissolution of domestic partnership") ends your
marriage or domestic partnership. After you get divorced, you will be single, and you can marry or
become a domestic partner again.
If you get divorced, you can ask the judge for orders like child support, spousal support, partner
support, custody and visitation, domestic violence restraining orders, division of property, and other
orders.
For married persons to get a divorce, you MUST meet California's residency requirement. For
information about residency for domestic partners, click here.
A legal separation does not end a marriage or domestic partnership. You can't marry or enter into a
partnership with someone else if you are legally separated (and not divorced). A legal separation is for
couples that do not want to get divorced but want to live apart and decide on money, property, and
parenting issues. Couples sometimes prefer separation for religious reasons.
You do not need to meet California's residency requirement to file for a legal separation. If you file for
a legal separation, you may later be able to file an amended petition to ask the court for a divorce-after
you meet the residency requirements.
In a legal separation case, you can ask the judge for orders like child support, spousal support, partner
support, custody and visitation, domestic violence restraining orders, or any other orders you can get
with a divorce case.
An annulment (or "nullity of marriage" or "nullity of domestic partnership") is when a court says your
marriage or domestic partnership is NOT legally valid. A marriage or domestic partnership that is
incestuous or bigamous is never valid. Other marriages and partnerships can be declared "void"
because:
• of force, fraud, or physical or mental incapacity;
 • one of the spouses or partners was too young to legally marry or enter into a domestic
partnership; or
• one of the spouses or partners was already married or in a registered domestic partnership.
Annulments are very rare. If you ask to have your marriage or domestic partnership annulled, you will
have to go to hearing with a judge.
Note: If you have children in common with the other party, you must ask the court to establish the
parentage of that person.
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Ending A Domestic Partnership - Divorce, Legal Separation & Annulment Overview
Who are domestic partners?
Domestic partners are "two adults who have chosen to share one another's lives in an intimate and
committed relationship of mutual caring." The following discussion is for people who have registered
their domestic partnership with the California Secretary of State or the equivalent in another state (such
as a civil union in Vermont).
How do I become a domestic partner?
To be domestic partners, partners must:

• File a notarized Declaration of Domestic Partnership with the California Secretary of State;
• Have a common residence;
• Not be married or related by blood in a way that would prevent them from marrying;
• Be at least 18; and
• Either be members of the same sex or one or both of them is over 62 and eligible for Social
Security benefits
How do I end a domestic partnership?
Domestic partners have special forms to start their case for dissolution, legal separation or annulment
of their domestic partnership. These forms are 1) Petition - Domestic Partnership (Family Law) (form
FL-103) and 2) Response - Domestic Partnership (Family Law) (form FL-123). For all other forms to
complete their divorce, legal separation or annulment, domestic partners will just use the same forms
as those used by married persons.
What are the main differences between divorces of married persons and domestic partners?
• Residency - Domestic partners who have registered in California have agreed to the jurisdiction
of the California courts to end their domestic partnerships - even if they move away or have
never lived in California.
• If couples have become domestic partners (or their equivalent) in other states, they can file in
California to end their domestic partnership if at least one of them is living in California. To
file for a divorce, one party will have had to live in California for at least 6 months and the
county where divorce is filed for at least 3 months before filing. To file for legal separation or
annulment, they can file as soon as they've moved to California.
• Partner support - unlike spousal support generally, it will probably not be taxable to the person
receiving and tax deductible for the person paying.
• The law allowing for domestic partners to obtain dissolutions, legal separations and annulments
is new. There are many things that are still uncertain regarding property, custody and tax issues.
It is important to talk to an attorney who is knowledgeable about the law in this area.
What about summary dissolutions?
Domestic partners who meet the following requirements can get a divorce in a simple way.
If you and your domestic partner:
• have not been in a registered domestic partnership for more than 5 years on the date you
file your Notice of Termination of Domestic Parntership ;
• have no children together that were adopted or born before or during the domestic partnership
(and the other partner is not pregnant now);
• do not own or have an interest in any real estate (house, condominium, rental property, land,
or a 1-year lease or option to buy);
• do not owe more than $5,000 for debts acquired since the date of your domestic partnership
(do not count auto loans); Click here for a worksheet to help you figure your community
obligations (opens in new window). Click here for sample/instructions for the worksheet.
• have less than $33,000 worth of property acquired during the domestic partnership (do not
count your cars); Click here for a worksheet to help you figure the value of your community
property (opens in new window). Click here for sample/instructions for the worksheet.
• do not have separate property (opens in new window) worth more than $33,000 (do not count
money you owe on the property or auto loans);
• agree that neither partner will ever get partner support from each other; AND
• have signed an agreement that divides your property and debts.
In addition, either you or your domestic partner must have lived in California for the last 6 months and
in the county where you file for summary dissolution for the last 3 months.

You can get the form, Notice of Termination of Domestic Partnership , and file with the secretary of
state rather than go to court.
What about federal laws?
At this point, federal law does not recognize domestic partners. There are over one thousand federal
laws in which marital status is a factor. These include rights under Social Security, Medicare,
immigration law, veteran's benefits and federal tax laws. Domestic partners also may not have the
same rights as married persons once they cross beyond California's borders. This is important for
parents to consider in their custody agreement.
What about taxes?
Federal and state tax laws were not changed to recognize domestic partners. They can be very
complicated and it is important to talk with an attorney or accountant who is knowledgeable in this
area about income, property and other taxes.
Where can I find more information?
Click here for more information on The New California Domestic Partnership Law - AB 205
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Get Started: How Should You Handle Your Case?
You and your spouse agree on all terms of the divorce, have no children, and were married or in
a domestic partnership for less than 5 years ...
There is a quick, easy way to get divorced called "summary dissolution."
You won't have to talk to a judge and you may not need to hire a lawyer. But remember: it is in your
best interest to see a lawyer about ending your marriage or domestic partnership.
You can get a summary dissolution if you and your spouse or domestic partner:
1. Have no children together;
2. Have been married or in a domestic partnership for less than 5 years;
3. Don't own very much;
4. Don't owe very much; and
5. Have no disagreements about how to divide your belongings and debts once you are no longer
together.

Your spouse or domestic partner agrees to all terms of your divorce, legal separation, or
annulment ...
If you and your spouse or domestic partner can agree about how to handle money, property, and
parenting, you have an "uncontested case." You also have an uncontested case, if your spouse or
domestic partner will probably not file any forms in court disagreeing with your requests. If your
spouse or domestic partner fails to file a Response in the case (defaults), your case can be completed as
an uncontested case even if you and your spouse or domestic partner do not agree on everything.
Most uncontested cases can be handled by mail and brief contacts with a judge. You may not have to
see the judge at all.

Your spouse or domestic partner does NOT agree to all terms of your divorce, legal separation,
or annulment ...
If your spouse or domestic partner files a Response and you and your spouse or domestic partner can't
agree on 1 or more issues, then you have a "contested case." You will have to talk to the judge 1 or
more times to resolve your disagreements.
If your case starts out or later becomes contested, you may be able to come to an agreement through
negotiation, mediation, or some other process. If so, your case then becomes uncontested. If your case
becomes uncontested, you can finish your case more quickly and at a lower cost.
__________________________________________________________________________

Help Me Figure Out Where To File For My DivorceTop of Form

Please answer these questions about yourself:

Have you lived in California for the last 6 months?

Yes

No

I'm not sure

What county do you live in?

Have you lived in that county for the last 3 months?

Yes

No

I'm not sure

Please answer these questions about your spouse:

Has your spouse lived in California for the last 6 months?

Yes

No

I'm not sure

What county does your spouse live in?

Has your spouse lived in that county for the last 3 months?

Yes

No

I'm not sure

Guide for an Uncontested Case for Divorce, Legal Separation, or Annulment

This guide can help you to get:
• A divorce (also called "dissolution of marriage" or "dissolution of domestic partnership"),
• Legal separation, or
• An annulment (also called "nullity of marriage" or "nullity of domestic partnership").
______________________________________________________________________
• Step 1: Start Your Case for People Who Are Married
•
• Forms You Need to Start Your Case
You must fill out and file 2 forms to start your case. If you have children, there are 3 forms.
• In some cases, there are more forms. Usually, these forms tell the court that is involved in the
case and what you are asking the court to do. The forms you must use are listed below. To
download a form (in PDF format), click on a form number in the table below:
Fillable Form Name Purpose Instructions
Form
FL-100 Petition-Marriage (Family Law) To start a family law case. Lists dates, Instructions for
children, property, debts. form FL-100
FL-110 Summons (Family Law) Tells your spouse that a court case has Instructions for
started and what will happen if he or she form FL-110
doesn't respond in 30 days.
If you have children under the age of 18 with your spouse, fill out form FL-105 and file it with your petition.
Fillable Form Name Purpose Instructions
Form
FL- Declaration Under Uniform Child Tells the judge who the children have been Instructions for
105/GC- Custody Jurisdiction and living with and if any other custody orders form FL-105
120 Enforcement Act (UCCJEA) exist that involve this case.
If you need more room on your petition to list your property and debts, use the following form.
Fillable Form Name Purpose Instructions
Form
FL-160 Property Declaration (Family Law) Lists each item of property and debt and Instructions for
whether you think it is community or form FL-160
separate property
• Local Forms
Some courts ask you to fill out local forms.

• Check and Copy Your Completed Forms

Fill out your forms. Check them over. Then make at least 3 copies of each form. One set of
copies will be served on your spouse (see Step 2), and 2 sets are for your records.

• File Your Forms With the Court Clerk

Bring the originals and copies of your forms to your court clerk's office. A clerk will review
them.

• If there are no obvious errors, the clerk will take the original of each form. The clerk will ask
you to pay a fee to file your papers. If you can't afford the fee, you can ask for a fee waiver.
Alert! If your spouse lives in another state or country with any of your minor children, talk to a lawyer
before you file any papers.
• If you want the judge to make temporary orders for child or spousal support, bill payment,
protection from domestic violence, or other issues, you must fill out and file other forms.
______________________________________________________________________
Step 1: Start Your Case for People Who Are Domestic Partners
• Special Things to Consider
The law allowing for domestic partners to obtain dissolutions, legal separations and annulments
is new. There are many things that are still uncertain regarding property, custody and tax issues.
It is important to talk to an attorney who is knowledgeable about the law in this area.
• Forms You Need to Start Your Case
You must fill out and file 2 forms to start your case. If you have children, there are 3 forms.
• In some cases, there are more forms. Usually, these forms tell the court that is involved in the
case and what you are asking the court to do. The forms you must use are listed below. To
download a form (in PDF format), click on a form number in the table below:
Fillable Form Name Purpose Instructions
Form
FL-103 Petition - Domestic Partnership To start a family law case for domestic Instructions for
(Family Law) partners. Lists dates, children, property, form FL-103
debts.
FL-110 Summons (Family Law) Tells your domestic partner that a court Instructions for
case has started and what will happen if he form FL-110
or she doesn't respond in 30 days.
If you have children under the age of 18 with your domestic partner, fill out form FL-105 and file it with your
petition.
Fillable Form Name Purpose Instructions
Form
FL- Declaration Under Uniform Child Tells the judge who the children have been Instructions for
105/GC- Custody Jurisdiction and living with and if any other custody orders form FL-105
120 Enforcement Act (UCCJEA) exist that involve this case.
If you need more room on your petition to list your property and debts, use the following form.
Fillable Form Name Purpose Instructions
Form
FL-160 Property Declaration (Family Law) Lists each item of property and debt and Instructions for
whether you think it is community or form FL-160
separate property
• Local Forms
Some courts ask you to fill out local forms.
• Check and Copy Your Completed Forms
Fill out your forms. Check them over. Then make at least 3 copies of each form. One set of
copies will be served on your domestic partner (see Step 2), and 2 sets are for your records.
• File Your Forms With the Court Clerk
Bring the originals and copies of your forms to your court clerk's office. A clerk will review
them.
• If there are no obvious errors, the clerk will take the original of each form. The clerk will ask
you to pay a fee to file your papers. If you can't afford the fee, you can ask for a fee waiver.
Alert! If your domestic partner lives in another state or country with any of your minor children, talk
to a lawyer before you file any papers.
• If you want the judge to make temporary orders for child or partner support, bill payment,
protection from domestic violence, or other issues, you must fill out and file other forms.

***NOTE: THE REST OF THE STEPS ARE FOR BOTH MARRIED PEOPLE AND PEOPLE
IN DOMESTIC PARTNERSHIPS!!!

Step 2: Serve Your First Set of Court Forms

Why must I serve my spouse or domestic partner?
The law says your spouse or domestic partner must be told that you have started the legal process for a
divorce, legal separation, or annulment. The judge can't make any orders or judgments unless and until
your spouse or domestic partner has been properly "served."
Two Types of Service
Personal service: Usually, your papers must be "personally" served on your spouse or domestic
partner. That means that someone - not you - must personally give each of the forms you filed with the
court AND a blank Response-Marriage (form FL-120 for married people or form FL-123 for domestic
partners) to your spouse or domestic partner.
The server must:
• Be 18 or older,
• Not be involved in your case, and
• Fill out the Proof of Service.
Service by mail: If you and your spouse or domestic partner are cooperating on your family law case,
and your spouse or domestic partner agrees to accept service by mail, this is the easiest and least
expensive way to serve the papers.
Someone - not you - must mail copies of each of the forms you filed with the court, a blank Response-
Marriage (form FL-120 for married people or form FL-123 for domestic partners), 2 copies of the
Notice and Acknowledgment of Receipt - Family Law (form FL-117), and an envelope with first-class
postage that is addressed to you.
The server must:
• Be 18 or older,
• Not be involved in your case, and
• Fill out the Proof of Service.
Form FL-117 shows the court that your spouse or domestic partner received your forms. Your spouse
must sign and date it and return it to you. If your spouse or domestic partner does not sign, date, and
return this form to you, you must have him or her personally served with the forms. ]
Who can serve my papers?
The server can be a:
• friend,
• relative,
• county sheriff, or
• process server.
If you hire a process server, give them a photo of your spouse or domestic partner and a list of times
and places when it will be easy to find that person. Look for a process server close to where your
spouse or domestic partner lives or works. Fees are often based on how far the server has to travel. So,
this will save you money.
Remember: You can't be the server for your own case.

Alert! Contact a lawyer if:

• You don't know where your spouse or domestic partner is;
• Your spouse or domestic partner is in the military, in jail, or living out of state; or
• You're having a difficult time serving the forms.

Proof of Service
You must show the court that your spouse or domestic partner was properly served. The process for
proving your forms were served depends on how your spouse or domestic partner was served.
If your spouse or domestic partner was served in person, the person that served the forms must fill
out a Proof of Service of Summons (Family Law, Uniform Parentage, Custody and Support) (form FL-
115) and say when and where the papers were given to your spouse or domestic partner. Then, file this
form at the court clerk's office. Keep the filed-stamped copy that the clerk gives to you for your
records.
If your spouse or domestic partner was served by mail, the person that served the forms must fill
out a Proof of Service of Summons (Family Law, Uniform Parentage, Custody and Support) (form FL-
115) and say your spouse or domestic partner was served by mail using Notice and Acknowledgment of
Receipt - Family Law (form FL-117). Attach the FL-117 that your spouse or domestic partner signed
and returned to you to the Proof of Service of Summons. Then, file this form at the court clerk's office.
Keep the filed-stamped copy that the clerk gives to you for your records.
How to Serve the Local Child Support Agency
If you or your spouse or domestic partner gets money or help from the government for a child of this
relationship (or if you have a support action pending with the local child support agency), you must
also serve a copy of your filed forms on the child support agency's office in the county where the
benefits are being paid.
The child support agency can be served by mail. Use Proof of Service by Mail (form FL-335). Form
FL-335 is only used to prove service by mail to nonparties (people not involved in the case). You
can't use this form as proof of service to your spouse or domestic partner.

Alert! You can't finish your family law case until you've served your spouse or domestic partner and
filed the Proof of Service of Summons and other forms the court requires. Your divorce can't be final
until at least 6 months after your spouse or domestic partner was served and the Summons and Petition
have been filed with the court.
Alert! If your spouse or domestic partner files a response to your petition, check it carefully to see if
he or she disagrees with your petition. If your spouse or domestic partner disagrees with you, find a
lawyer.

Step 3: Serve Your Disclosure Forms

Disclosure
The next step is to fill out and serve your disclosure forms. State law requires that you and your spouse
or domestic partner give each other written information about what you own and what you owe, and
about your income and expenses.
If you leave anything out, either by mistake or on purpose, your property division can be "set aside."
That means it won't be valid. If that happens, your case may be reopened. If you purposely make any
false statement in the disclosure papers, you could be punished severely.
Disclosure allows both you and your spouse or domestic partner to be aware of everything you each
own and owe so you can divide your property and debts equally. It also gives you the financial
information you need to make decisions about child and spousal or partner support.
Preliminary Declaration of Disclosure
First, complete your preliminary Declaration of Disclosure (form FL-140). Try to do it as soon as
possible after you complete Step 2. That will give you and your spouse or domestic partner the
information you need to divide your property and debts and make an agreement on support.
You and your spouse or domestic partner may each have to prepare and serve a final Declaration of
Disclosure at the end of your case. The final Declaration of Disclosure will use the same forms and
must have complete, up-to-date information.
You do NOT file either of these declarations of disclosure with the court. Instead, each of you mails or
gives your spouse or domestic partner a copy of the completed forms. You keep the original disclosure
forms.
The only form you file with the court at this step is the Declaration Regarding Service of Declaration
of Disclosure (form FL-141). This shows you have given your spouse or domestic partner the
preliminary or final declaration of disclosure.
Forms You Need to Complete Your Preliminary Disclosure
To make your preliminary disclosure, you need to fill out the forms listed below. To download a form
(in PDF format), click on the form number in the table below:
Form Form Name Purpose Instructions
Number
FL-140 Declaration of Cover sheet listing all Instructions for form FL-140
Disclosure (Family attachments included with your
Law) preliminary disclosure.

FL-150 Income and Expense Gives your financial information You need to use either form FL-150 or
Declaration (Family to the court and to your spouse or form FL-155.
OR domestic partner.
Law) Read the instructions on the back of
FL-155
Financial Statement form FL-155 to see if you can use it.
(Simplified) Which Financial Form - FL-155 or FL-
150? (Form DV-570)
You need to attach:
• A copy of your last 3 pay stubs,
OR
• A recent profit and loss
statement if you are self-
employed and/or own any rental
property.

FL-142 Schedule of Assets List of your property and debts. Instructions for form FL-142
and Debts (Family
Law)
Your Final Disclosure
A final Declaration of Disclosure is more detailed than the preliminary one because it includes the
value of property and amount of debt. But you don't have to file a final Declaration of Disclosure if:
• You and your spouse or domestic partner agree in writing to skip ("waive") your final
Declarations of Disclosure;
OR
• Your spouse or domestic partner hasn't filed a response to your petition for divorce, legal
separation, or annulment or any other papers with the court. AND your spouse or domestic
partner hasn't signed a written and notarized written settlement agreement (opens in new window)
and/or a stipulated judgment (opens in new window). If you and your spouse or domestic partner
agree to skip ("waive") your final Declaration of Disclosure, you must say so explicitly in your
agreement or stipulated judgment.
If you both want to waive your final Declaration of Disclosure, you can use the Stipulation and
Waiver of Final Declaration of Disclosure (form FL-144).
Alert! This waiver does not limit your obligation to disclose.
Note: If you don't need to fill out a final disclosure, go directly to Step 4.
Forms You Need to Complete a Final Disclosure
If you need to do a final disclosure, fill out all of your final Declaration of Disclosure forms. Keep the
original set of forms and make 1 copy of everything for service to your spouse.
If you have a written settlement agreement or stipulated judgment, you must give the final disclosure
forms to your spouse by mail or in person before or at the time the two of you sign your settlement
agreement.
If there is no written settlement agreement or stipulated judgment, the disclosure papers should be
served before you start Step 4.
If your case is contested, you should do your final disclosure at least 45 days before your "first
assigned trial date."
You may mail or hand-deliver the final disclosure forms and attachments to your spouse or domestic
partner yourself. Keep the originals and give the copy to your spouse or domestic partner.
For your final disclosure, you need to fill out the forms listed below. To download a form (in PDF
format), click on the form number in the table below:
Form Form Name Purpose Instructions
Number
FL-140 Declaration of Cover sheet listing all attachments Instructions for form FL-140
Disclosure (Family Law) included with your preliminary
disclosure.
FL-150 Income and Expense Lists your financial information for the
Declaration (Family court and your spouse or domestic
Law) partner.
FL-142 Schedule of Assets and Lists your property and debts. Updates the information you
Debts (Family Law) gave in your preliminary
disclosure.
As part of the Declaration of Disclosure, you must also write, on separate sheets of paper:
• A statement explaining the valuation of all assets that are all or partly community property
• A statement listing values of the assets and obligations that you and your spouse or domestic
partner may be liable for; and
• A list of your investment opportunities since you separated.
These are not court forms. Attach them to Declaration of Disclosure (form FL-140).

Alert! Both spouses and domestic partners MUST make sure the financial information they give each
other is current.
If there are changes in your financial situation, you both may need to fill out and serve the other spouse
or domestic partner with an updated preliminary Declaration of Disclosure.
You must report any changes in your financial situation until your property is distributed by agreement
or court order.

The only form you file with the court at this step is the Declaration Regarding Service of Declaration
of Disclosure (form FL-141). This shows you have served the final disclosure forms. You can't get a
final judgment without filing this form. On your form FL-141, be sure to list yourself and your spouse
correctly as the "petitioner" or "respondent."

Step 4: Finish Your Family Law Case

The last step of your family law case is to fill out and file the last set of forms before the Judgment
form. The forms you fill out vary, depending on your individual situation.
The forms you use to finish your case depend on:
• Whether your spouse or domestic partner filed a Response to your Petition, AND
• Whether you and your spouse or domestic partner have a settlement agreement OR a stipulated
judgment
My Spouse or Domestic Partner DID NOT File a Response, and We Do NOT Have a Settlement
Agreement or a Stipulated Judgment
If you and your spouse or domestic partner do NOT have a written agreement, only the preliminary
Declaration of Disclosure must be completed and served. Then, you must complete and file a
Declaration Regarding Service of Preliminary Declaration of Disclosure (form FL-141) with the court
clerk. Your spouse or domestic partner will not file or sign any of these forms.
To download a form (in PDF format), click on the form number in the table below:
Form Form Name Purpose Instructions
Number
FL-165 Request to Enter Default (Family Informs your spouse or domestic partner Instructions for
Law-Uniform Parentage) that you plan to get a default judgment. form FL-165

Alert! If your spouse or domestic partner is currently in the military, special rules apply. Talk to a
lawyer.
If you want to ask the court for spousal, partner or child support, or if you have been married at least
10 years, fill out the following forms too. To download a form (in PDF format), click on the form
number in the table below:
Form Form Name Purpose Instructions
Number
FL-150 Income and Used to calculate support and Attach a copy of your most recent pay stubs or a
Expense ask for cost reimbursements. recent profit and loss statement if you are self-
Declaration employed and/or own rental property.

Alert! Some courts say you must get a computer printout showing what child, spousal or partner
support should be. You can get this from a lawyer, the local child support agency, the family law
facilitator, some law libraries , or on the Internet. You will need your completed Income and Expense
Declaration (form FL-150) and all attachments to get the computer printout.
If there is separate property or debt, or community property or debt to divide in the judgment, complete
the following form. To download a form (in PDF format), click on the form number in the table below:
Form Form Name Purpose Instructions
Number
FL-160 Property Declaration Used to list separate property, community Instructions for form
(Family Law) property, and debts. FL-160
Instructions for Filing Your Request to Enter Default
Mail or deliver to the court clerk the original and 2 copies of all the forms you've prepared.
Be sure to give the court clerk two envelopes; 1 addressed to you, and 1 addressed to your spouse or
domestic partner. Each envelope must have enough first-class postage so that the court clerk can mail a
filed copy of the Request to Enter Default and all attachments in each envelope. It may take several
weeks before you receive copies of the filed forms from the court clerk.
My Spouse or Domestic Partner DID NOT File a Response, and We Have a Settlement
Agreement or a Stipulated Judgment
In this situation, both of you have signed and notarized a settlement agreement or stipulated judgment
about all your money and parenting issues. In some counties, your spouse or domestic partner won't
have to pay a filing fee for this step. You can fill out and file a Request to Enter Default (form FL-
165). This form tells your spouse or domestic partner that you plan to get a default judgment. Click
here for instructions for form FL-165.
Or you can file an Appearance, Stipulations, and Waivers form (form FL-130). Review and check the
appropriate boxes. Both you and your spouse or domestic partner must date and sign this form. After
your spouse or domestic partner returns this form to you, file it with the court. Your spouse or
domestic partner will also have to pay a filing fee to the court or ask for a fee waiver if you file this
form. If your spouse or domestic partner can't afford the filing fee, he or she can request a waiver of
the fee by filing an Application for Waiver of Court Fees and Costs. Click here for more information
about court fees and fee waivers.
Alert! If your spouse or domestic partner is currently in the military, special rules apply. Talk to a
lawyer.

Step 5: File the Judgment Forms

When can I start Step 5?
Before you can file your judgment forms, you must have filled out, filed, and served the Request to
Enter Default (form FL-165) or the Appearance, Stipulations, and Waivers form (form FL-130).
You can also file the forms for Steps 4 and 5 at the same time. Step 5 may be done concurrently with
Step 4, and all of the forms can be filed together.
Judgment by declaration or hearing?
You must tell the court if you want your judgment mailed to you, or if you want a court hearing so you
can have the judgment entered in person.
If you have asked for an annulment (a judgment of nullity of marriage or domestic partnership), you
must go to a hearing. You must also file a declaration that explains the facts that support your claim
that the marriage or domestic partnership was never legally valid (unsound mind, incest, bigamy, being
under the age of consent, etc.).
Note: If you have minor children with the other party, you must make sure to get an order establishing
their parentage.
 • Judgment by Uncontested Hearing
In cases where your spouse or domestic partner does not file a Response or you have an
agreement, the court hearing to get your judgment is usually short. Your spouse or domestic
partner does not have to go to the hearing.
In most uncontested hearings, the judge will ask you only a few questions. Most judges ask the
following:
• For married persons and persons who entered into their domestic partnership outside of
California, were you a resident of the county for 3 months and the state for 6 months
immediately prior to filing your petition?
• Is everything in your Petition true and correct?
• During your marriage or domestic partnership, did "irreconciliable differences" develop
between you and your spouse or domestic partner?
• Is the relationship totally broken down?
• Do you want the judge to grant the divorce?
Sometimes the judge will go through each item in your judgment with you to make sure that
you are getting the right orders for your case.
If something needs to be corrected, ask the judge for a new hearing date. You can make the
changes and come back to court.
• Judgment by Declaration
If you want to get your judgment approved by mail, you must fill out and file 1 extra form, the
Declaration for Default or Uncontested Dissolution or Legal Separation (form FL-170).
This form tells the court what you would say if you went court. The court clerk can tell you
how many copies and envelopes you need to give the court.
It may take several weeks or months before you get the judgment in the mail. It will take even
longer if the court rejects your request because you did not fill out the forms correctly, or if the
court decides you must have a court hearing.
The court will probably reject your Judgment form if:
• The Judgment form includes property and debts or other issues that were not listed in
your Petition (form FL-100) or your Property Declaration (form FL-160), unless you
wrote on those forms that you did not know the value of those assets and the debts were
unknown at the time you filed the forms;
• The property division requested on the property declaration forms, or agreed to in the
settlement agreement or stipulated judgment, appears to be 1-sided or unfair;
• Your forms don't give enough information about your finances or parenting plan to
calculate support orders;
• You have a case with the local child support agency and you did NOT get approval for
the proposed child support payments from the local child support agency;
• The judge does not have proof of service for the Summons and the Petition; or
• You were missing a required court form.
Forms to Fill Out
To download a form (in PDF format), click on the form number in the table below:
Form Form Name Purpose Instructions
Number
FL-170 Declaration for Default Use this form if you want to ask for
or Uncontested judgment by mail.
Dissolution or Legal
Separation (Family
Law)
FL-190 Notice of Entry of This form lists the type of judgment Instructions for form FL-190
Judgment (Family Law- granted (divorce, legal separation,
Uniform Parentage- annulment), date marital or domestic
Custody and Support) partnership status changed, and when
final judgment was entered.
FL-180 Judgment (Family Law) Cover sheet with attachments that you
prepare on blank paper stating the
judgment terms and/or form If you and your spouse or
attachments. domestic partner have signed a
notarized settlement agreement
or stipulated judgment, attach it
to form FL-180.

If you or your spouse or domestic partner is asking for child custody or visitation orders, also fill out
and file the following form. To download the form (in PDF format), click on the form number in the
table below:
Form Form Name Purpose Instructions
Number
FL-341 Child Custody and Visitation Order Lists the child custody and visitation
Attachment orders you want.
If you or your spouse or domestic partner is asking for support orders in the Judgment, also include
and file the following forms. To download a form (in PDF format), click on the form number in the
table below:
Form Form Name Purpose Instructions
Number
FL-343 Spousal, Partner or Family Support Lists the spousal, partner and
Order Attachment (Family Law) family support orders you want.
FL-342 Child Support Information and Lists the child support orders Instructions for form FL-
Order Attachment you want. 342
FL-192 Notice of Rights and Explains how to handle the If you have a child
Responsibilities - Health Care Costs child's health-care costs. support order, you should
and Reimbursement Procedures and read and must attach this
Information Sheet on Changing a form to your Judgment
Child Support Order Explains how to change the form.
support order in the future.

FL-191 Child Support Case Registry Form Registers the case in a national Instructions are included
registry to help with with this form.
enforcement.
FL-435 Earnings Assignment Order For Used to order the paying person's Instructions for form FL-
Spousal or Partner Support (Family employer to withhold spousal 435
Law) support from the paycheck and
send it to the other spouse or Use this form if you are
 domestic partner. asking for ONLY spousal
or partner support.

FL- Order/Notice to Withhold Income Used to order the paying person's Instructions for form FL-
195/OMB for Child Support employer to withhold child, 195/OMB 0970-0154
0970-0154 spousal and partner support from
the paycheck and send it to the Use this form if you are
other parent. asking for child and
spousal support or just
child support.

Alert! After you fill out the last set of forms, have them reviewed by a lawyer to be sure you have
completed them correctly.
In some counties you have to fill out and file the following forms if:
• You're asking for support orders in the Judgment,
• If your marriage or domestic partnership lasted more than 10 years even if you aren't asking for
support orders, or
• You and your spouse or domestic partner have already agreed to a support amount in your
settlement agreement or stipulated judgment.
Before you fill out form FL-150, contact your court clerk, family law facilitator, or a lawyer to find out
about your court's rules. Click here to find the address, telephone number, and web site of your court.
To download a form (in PDF format), click on the form number in the table below:
Form Form Name Purpose Instructions
Number
FL-150 Income and Expense Used to calculate support
Declaration (Family and ask for cost
Law) reimbursements. Attach a copy of your 3 most recent pay stubs.
Or if you are self-employed, and/or own rental
property, attach a profit and loss statement.

Alert! Some courts say you must get a computer printout showing what child, spousal or partner
support should be. You can get this from a lawyer, the local child support agency, the family law
facilitator, some law libraries , or on the Internet. You will need your completed Income and Expense
Declaration (form FL-150) and all attachments to get the computer printout.

Alert! After you fill out the last set of forms, have them reviewed by a lawyer to be sure you have
completed them correctly.
Remember:
1. If your spouse or domestic partner has filed a Response to the Petition and signed a settlement,
you will also need to file an Appearance, Stipulation, and Waivers, form FL-130.
2. If your spouse or domestic partner has NOT filed a Response to the Petition and signed a
settlement agreement, you will need to file the Request to Enter Default, form FL-165 or you
can file an Appearance, Stipulation and Waivers, form FL-130.
If your spouse or domestic partner has NOT filed a Response to the Petition and has NOT signed a
settlement agreement, you will need to file the Request to Enter Default, form FL-165.
Alert! After you fill out the last set of forms, have them reviewed by a lawyer to be sure you have
completed them correctly.
Other Forms You May Need
Real estate: If your Judgment says only 1 of you will own real estate that you used to own together,
you must sign and record a deed on any real estate. Ask a lawyer for help with this process.
Motor vehicles: If your Judgment says only 1 of you will own a motor vehicle that you used to own
together, fill out and file a Department of Motor Vehicles (DMV) form, Notice of Transfer and Release
of Liability (REG 138) , to change title to the motor vehicle.
Retirement benefits: If your Judgment says 1 of you will receive a portion of the other spouse's
retirement benefits at some future date, fill out and file an additional order called "Qualified Domestic
Relations Order" (QDRO).
The QDRO must be approved by both the benefits provider and the judge to assure that the spouse that
is not the employee of the company or organization will receive those future benefits. This is not a
standard court form. QDROs are complicated.
Ask a lawyer for help filing a QDRO. Click here for help finding a lawyer.
Instructions for Filing Your Last Set of Court Forms
Mail or deliver to the court clerk the original and 2 copies of all the forms you've prepared (except for
the Judgment-the clerk will need the original and 4 copies of that form and its attachments).
Include two 8-1/2" by 11" (or larger) envelopes with first-class postage on them, 1 addressed to you, 1
addressed to your spouse or domestic partner. It will take several weeks before you receive these forms
back.
When You Need the Local Child Support Agency's Approval for Child Support Payments
If 1 parent gets public assistance benefits for a child of this marriage, the local child support agency
(LCSA) has to approve the amount of child support that will be paid.
You must go to the LCSA in the county that is paying the benefits or has filed papers involving a child
of this marriage. Send a copy of your final forms to the office of the LCSA before giving them to the
court.
The LCSA must read and sign your proposed Judgment (and Stipulation to Establish or Modify Child
Support and Order (form FL-350) if you use this form) to show that they approve. Then, file the
signed original of the final documents with the court clerk, along with your other forms.
Alert! Your spouse or domestic partner may need to pay a first-appearance filing fee when he or she
signs and files form FL-350. If your spouse or domestic partner can't afford the filing fee, he or she can
ask for a waiver of the fee by filing an Application for Waiver of Court Fees and Costs. Click here for
more information about court fees and fee waivers.
What if the clerk returns the forms without filing them?
There are a lot of things to keep track of when you prepare and submit these final forms. The court
clerk will return your court forms without filing them if you leave out a form or some information on a
form, or it is not clear what you are asking for.
Often the clerk will include an instruction sheet telling what is needed before the forms can be
accepted for filing. If you are not sure what needs to be done to solve the problem, talk to a lawyer or a
family law facilitator.
Sometimes, the forms will be returned with a request that you set a court hearing. This usually means
that you are asking for something that the judge needs more information about.
If the court requests that you set a hearing, contact a lawyer or family law facilitator. You may need to
give notice of the hearing to your spouse or domestic partner.
When you attend your hearing, be sure to bring anything the clerk's letter asks for, as well as your
copies of all the forms you have prepared or received for your case.
Final Details and Reminders
1. Make sure someone - not you - serves the filed copy of the Judgment on your former spouse or
domestic partner. Then, file the Proof of Service with the court clerk.
2. Think about whether you want to change the beneficiary on your will or life insurance policy.
3. Close all credit card accounts that list both spouses or domestic partners and open a new one in
your name alone.
4. Tell your employer when your marriage or domestic partnership ends so you can change your
income tax withholding status or the name of the beneficiary for any employee benefits. Your
employer will send information to your former spouse or domestic partner about the cost of
continued health insurance coverage.
5. If support is to be paid by wage assignment, be sure that a filed copy of the Earnings
Assignment Order for Spousal or Partner Support (form FL-435) (for spousal and partner
support only) OR Order/Notice to Withhold Income for Child Support (form FL-195/OMB
0970-0154) (for child support or family (spousal and child) support) is sent to the paying
party's employer's payroll department UNLESS the parties agree that support will be paid
voluntarily by 1 party to the other. If the parties have an agreement, the Earnings Assignment
Order for Spousal or Partner Support or Order/Notice to Withhold Income for Child Support is
not sent unless the paying party misses one or more voluntary payments.
6. Prepare your court forms carefully and keep copies of everything you or your spouse or
domestic partner files with the court.
7. If you go to court:
• Listen carefully and answer each question asked;
• Don't interrupt or argue with your spouse or domestic partner or the judge;
• Treat both your spouse or domestic partner and the judge with respect;
• Take paper and a pen with you and write down what the judge says.
8. If you have been a victim of domestic violence, make a safety plan before you tell your spouse
or domestic partner you want a divorce, legal separation, or annulment. Call 1-800-799-7233
(TDD: 1-800-787-3224) to find a domestic violence agency in your county. Click here for
more help with domestic violence.
9. The legal process for divorce, legal separation, or annulment is complicated. Remember: each
form and each step is important. Follow them to ensure that everyone's legal rights are
understood and protected.
When will the court process be over?
The court process is over when:
• The clerk returns your filed Judgment,
• You have the Judgment served on your spouse or domestic partner, and
 • Your Judgment has a stamp in the upper right corner and the judge's name is stamped on the
line for judge's signature.
Save your copy of the Judgment so that you can show how and when your marital status ended (for
divorces).
If there are minor children and your case was uncontested, your Judgment also includes your child
custody, visitation, and support orders.
What if you want to change the agreements you made, but the Judgment is already final?
Parents can make new agreements about the custody/visitation and support of their children at any
time. You can do this on your own or with a lawyer or mediator's help.
You should file your agreement with the court. A lawyer can explain how to file your new agreement.
You may also ask for help from the family law facilitator about child support. You can use form FL-
350 to change your child support agreement. You can use form FL-355 to change your child custody
agreement.
If you and the other parent can't agree but you still want a different order regarding your children, you
can file a motion for modification of your current order. There must be a substantial change in the
children's needs or family situation. Talk to a lawyer before filing a motion for modification.

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