California Uncontested Divorce / Dissolution Petition + Decree Filing Packet

CALIFORNIA UNCONTESTED DIVORCE / DISSOLUTION OF MARRIAGE — FILING PACKET

Use the current Judicial Council forms for every court filing. Parts 3, 8, and 9 below are working fields for preparing FL-100, FL-170, and FL-180; they are not the adopted forms and should not be filed as substitutes. Part 7 is a draft agreement to complete and sign separately, then attach as the court directs.

PART 1 — PRE-FILING RESIDENCY & WAITING-PERIOD CHECKLIST

☐ At least one spouse has lived in California for at least 6 months immediately before filing. (Fam. Code § 2320(a))
☐ At least one spouse has lived in the filing county for at least 3 months immediately before filing. (Fam. Code § 2320(a))
☐ Grounds for dissolution exist: irreconcilable differences or permanent legal incapacity to make decisions. (Fam. Code § 2310)
☐ Petitioner understands that a dissolution judgment cannot end the marriage until six months have expired from service of the summons and petition or Respondent's appearance, whichever occurs first; the court may extend that period for good cause. (Fam. Code § 2339)
☐ If the dissolution residence periods are not yet met, consider legal separation only if at least one spouse lives in California when filing; California Courts says no minimum period of state residence applies to legal separation. Confirm the current route before any later amendment to seek dissolution.
☐ Identify whether the case involves: ☐ minor children ☐ real property ☐ spousal support request ☐ retirement/QDRO assets ☐ separate-property tracing.
☐ Identify property acquired during marriage that is presumptively community under Fam. Code § 760, and list all debts separately for allocation.
☐ Identify the issues the parties have resolved and those still to be settled before submitting a stipulated judgment.

Filing fee: Check the current court fee schedule for the filing county. If eligible, request a fee waiver using Form FW-001; the court uses FW-003 for its order.

Joint petition option: Spouses who expect to agree on final terms may start together using the current FL-700 and FL-710 forms. They may work out unresolved issues after filing, but must reach agreement before judgment; either may revoke the joint process before judgment. The six-month divorce period runs from filing the joint petition. A joint petition does not itself finish the case, and temporary orders are unavailable through that route. See https://selfhelp.courts.ca.gov/divorce/joint-petition.

PART 2 — COURT CAPTION (used on all pleadings)

PART 3 — WORKING FIELDS FOR PETITION (file the current Judicial Council Form FL-100)

1. LEGAL RELATIONSHIP

☐ We are married.
☐ We are domestic partners and our domestic partnership was established in California.
☐ We are domestic partners and our domestic partnership was NOT established in California.

2. RESIDENCE REQUIREMENTS (Fam. Code § 2320)

☐ ☐ Petitioner ☐ Respondent has been a resident of the State of California for at least 6 months and of the County of [____________________] for at least 3 months immediately preceding the filing of this Petition.

3. STATISTICAL FACTS

• Date of marriage: [__/__/____]
• Date of separation: [__/__/____]
• Time from marriage to separation: [____] years [____] months

4. MINOR CHILDREN

☐ There are no minor children of this marriage.
☐ The minor children are:

☐ If minor children, attach Form FL-105 (Declaration Under UCCJEA).

5. SEPARATE PROPERTY (confirm to each party)

[____________________________________________________________]

6. COMMUNITY AND QUASI-COMMUNITY PROPERTY (Fam. Code § 760)

☐ There are no such assets or debts subject to disposition by the court in this proceeding.
☐ All such assets and debts have been disposed of by written agreement (attach Marital Settlement Agreement).
☐ The court shall determine rights to such assets and debts listed on attachment.

7. GROUNDS (Fam. Code § 2310)

Dissolution of the marriage is sought based on:
☐ Irreconcilable differences (§ 2310(a))
☐ Permanent legal incapacity to make decisions (§ 2310(b))

8. CHILD CUSTODY (if minor children)

• Legal custody to: ☐ Petitioner ☐ Respondent ☐ Joint
• Physical custody to: ☐ Petitioner ☐ Respondent ☐ Joint
• Visitation: [________________________________]

9. CHILD SUPPORT

☐ Per California statewide uniform guideline (Fam. Code § 4055)
☐ As stated in Marital Settlement Agreement attached
☐ Other: [________________________________]

10. SPOUSAL SUPPORT

☐ None requested by either party
☐ As stated in Marital Settlement Agreement
☐ Reserved
☐ Terminated as to both parties

11. ATTORNEY FEES AND COSTS

☐ Each party to bear own
☐ As stated in agreement
☐ Reserved

12. PETITIONER REQUESTS THAT THE COURT:

☐ Dissolve the marriage and restore parties to status of unmarried persons
☐ Restore Petitioner's former name: [________________________________]
☐ Confirm and divide property as set forth above and in the Marital Settlement Agreement
☐ Enter orders for child custody, visitation, and support
☐ Enter orders for spousal support
☐ Award attorney fees and costs as set forth above

Date: [__/__/____]

Sign the completed official FL-100, not this working section.

PART 4 — SUMMONS (Form FL-110)

The FL-110 Summons gives Respondent 30 days from service to file a Response (Form FL-120). The Summons also imposes automatic temporary restraining orders (ATROs) under Family Code § 2040 prohibiting:

1. Removing minor children from California — or applying for a new or replacement passport for the child — without written consent or court order (Fam. Code § 2040(a)(1));
2. Cashing, borrowing against, canceling, transferring, or changing beneficiaries of any insurance;
3. Transferring, encumbering, hypothecating, concealing, or disposing of property except in the usual course of business or for necessities of life;
4. Creating or modifying nonprobate transfers.

PART 5 — PROOF OF SERVICE (Form FL-115) / ACKNOWLEDGMENT OF RECEIPT (Form FL-117)

☐ Personal Service by a non-party adult — have the server complete and sign FL-115 Proof of Service of Summons, then file the original with the court.
☐ Service by Acknowledgment of Receipt — Respondent signs Form FL-117; eliminates need for personal service.
☐ Service by Notice and Acknowledgment of Receipt — Code Civ. Proc. § 415.30.
☐ Service by Publication — only with court order after diligent search (Code Civ. Proc. § 415.50).

The 6-month dissolution clock under Fam. Code § 2339 begins on the date of service or appearance by Respondent.

PART 6 — DECLARATIONS OF DISCLOSURE (Forms FL-140, FL-141, FL-142, FL-150, FL-160)

The preliminary declaration is generally required, subject to the statutory exceptions in Fam. Code §§ 2104(a), 2107, and 2110. A mutual waiver under § 2105(d) concerns the final declaration, not the preliminary declaration.

☐ Petitioner serves the preliminary declaration with the Petition or within 60 days of filing it, subject to the exceptions and extensions in Fam. Code § 2104(f). Respondent generally serves theirs with the Response or within 60 days of filing it.
☐ Final Declaration of Disclosure and current Income and Expense Declaration exchanged before or when the parties enter a property or support agreement, unless the final declaration is mutually waived under Fam. Code § 2105(d). A waiver requires completed preliminary disclosures and exchange of current income and expense declarations.
☐ FL-141 filed with the court certifying service of FL-140 and FL-142

PART 7 — MARITAL SETTLEMENT AGREEMENT (MSA)

MARITAL SETTLEMENT AGREEMENT

This Marital Settlement Agreement ("Agreement") is made and entered into on [__/__/____] by and between [PETITIONER NAME] ("Petitioner") and [RESPONDENT NAME] ("Respondent"), collectively referred to as "the Parties."

Recitals

1. The Parties were married on [__/__/____] in [____________], and separated on [__/__/____].
2. There ☐ are ☐ are no minor children of the marriage.
3. The Parties desire to settle all issues of property division, debts, support, custody, and visitation arising from the marriage.
4. Each Party has had the opportunity to consult independent counsel and has made full financial disclosure under Fam. Code §§ 2100–2113.

Article 1 — Division of Community Property

The Parties agree to divide community property as follows:

To Petitioner:

• [____________________________________________________________]

To Respondent:

• [____________________________________________________________]

Article 2 — Division of Community Debts

Petitioner shall assume and hold Respondent harmless from:

• [____________________________________________________________]

Respondent shall assume and hold Petitioner harmless from:

• [____________________________________________________________]

Article 3 — Real Property

☐ The Parties own no real property.
☐ The real property at [____________________________________________________________] shall be: ☐ awarded to Petitioner ☐ awarded to Respondent ☐ sold and proceeds divided [____]% / [____]%.

Article 4 — Retirement Accounts / QDROs

☐ The Parties have listed each retirement account, identified any community interest, and agree that [ACCOUNT / SPECIFIED SHARE] is awarded to [PARTY], subject to any required plan order.
☐ The [_______________] account shall be divided by Qualified Domestic Relations Order (QDRO) [____]% / [____]%.

Article 5 — Spousal Support (Fam. Code § 4320)

☐ Both Parties waive spousal support permanently.
☐ Petitioner shall pay Respondent $[__________]/month for [____] months, terminating [__/__/____].
☐ Respondent shall pay Petitioner $[__________]/month for [____] months, terminating [__/__/____].
☐ Jurisdiction over spousal support is reserved.

Article 6 — Child Custody & Visitation (if applicable)

• Legal custody: ☐ Joint ☐ Sole to [_________]
• Physical custody: ☐ Joint ☐ Primary to [_________]
• Parenting/visitation schedule: [____________________________________________________________]

Article 7 — Child Support (Fam. Code § 4055 guideline)

• Payor: ☐ Petitioner ☐ Respondent
• Amount: $[__________] per month per child
• Health insurance: provided by ☐ Petitioner ☐ Respondent
• Uninsured medical/dental: shared [____]% / [____]%
• Tax dependency exemption: [____________]

Article 8 — Restoration of Former Name

☐ Petitioner's former name [________________________________] is restored.
☐ Respondent's former name [________________________________] is restored.

Article 9 — Mutual Releases & Waivers

Except for duties under this Agreement and any rights expressly reserved here, each Party releases the other from the property and debt claims resolved in this Agreement. Any waiver of rights as a surviving spouse must be separately specified and reviewed for compliance with applicable law.

Article 10 — Incorporation into Judgment

This Agreement shall be incorporated into and made part of the Judgment of Dissolution (FL-180), but shall not be merged so that its terms remain enforceable as a contract.

Signed at [_____________], California:

Petitioner: [________________________________] Date: [__/__/____]
Respondent: [________________________________] Date: [__/__/____]

Notary acknowledgments [Notary block]

PART 8 — WORKING FIELDS FOR DECLARATION (file the current Form FL-170)

Use these fields to prepare the official declaration:
☐ The case proceeds by ☐ default ☐ uncontested by stipulated judgment
☐ All required Declarations of Disclosure have been served (FL-141 on file)
☐ The Marital Settlement Agreement is attached and incorporated
☐ The waiting period under Fam. Code § 2339 will have run by the date of judgment
☐ Petitioner requests entry of judgment based on the papers, without a court hearing

Date and sign the completed official FL-170.

PART 9 — WORKING FIELDS FOR JUDGMENT (file the current Form FL-180)

JUDGMENT

Proposed judgment terms to transfer to the official form and attachments:

1. Type of Judgment: ☐ Dissolution — Status only ☐ Dissolution — Reserving jurisdiction over termination of marital status ☐ Judgment on Reserved Issues

2. As to status, the Parties are declared to be: ☐ Single persons effective [__/__/____] ☐ This Judgment shall be entered nunc pro tunc as of [__/__/____].

3. Jurisdiction is reserved over all other issues except as expressly disposed of herein.

4. Marital Settlement Agreement / Stipulated Judgment: The written agreement filed [__/__/____] is incorporated as Attachment 4(o)(1) and made part of this Judgment by reference.

5. Custody and Visitation: As set forth in the MSA / Parenting Plan attached.

6. Child Support: $[__________] per month, payable per the MSA, conforming to Fam. Code § 4055.

7. Spousal Support: As stated in the MSA, or ☐ permanently waived ☐ jurisdiction reserved.

8. Property Division: Property and debts are divided per the MSA, Article 1–4.

9. Restoration of Former Name: ☐ Granted: [________________________________].

10. Other Orders: [________________________________]

Only the court signs the official judgment.

PART 10 — NOTICE OF ENTRY OF JUDGMENT (Form FL-190)

The clerk shall serve Form FL-190 Notice of Entry of Judgment on each Party, providing the official record of dissolution. Petitioner should retain a certified copy for evidentiary purposes (name change with DMV/SSA, retitling assets, QDRO processing, remarriage).

PART 11 — STEP-BY-STEP FILING PROCEDURE

1. Confirm residency — 6 months CA + 3 months county (Fam. Code § 2320).

2. Prepare initial filing package:

   • FL-100 Petition
   • FL-110 Summons
   • FL-105 UCCJEA Declaration (if minor children)
   • Civil Case Cover Sheet (if required locally)
   • FW-001 / FW-003 if requesting fee waiver

3. File with the Superior Court clerk in your county; check the current filing fee or submit a fee-waiver request.

4. Serve Respondent within reasonable time:

   • Personal service by non-party adult (file the signed FL-115), OR
   • Acknowledgment of Receipt FL-117 signed by Respondent.

5. Wait for Response (FL-120) — 30 days. If none, request default (FL-165).

6. Exchange preliminary disclosures on the schedule in Fam. Code § 2104(f), subject to its exceptions and extensions; file FL-141 as required.
7. Exchange final declarations and current income and expense declarations before or when making a property or support agreement, or complete a valid mutual waiver of final declarations under Fam. Code § 2105(d).
8. Negotiate and execute Marital Settlement Agreement.

9. Submit the applicable judgment package; the dissolution cannot terminate the marriage before the six-month period under § 2339 expires:

   • FL-170 Declaration for Default or Uncontested Dissolution
   • FL-180 Judgment
   • FL-190 Notice of Entry of Judgment (with self-addressed stamped envelopes for each Party)
   • FL-150 current Income and Expense Declaration, if required for the requested orders or by the court
   • MSA attached as Attachment 4(o)(1)

10. Court enters Judgment. Clerk mails FL-190 to both Parties.

11. Post-judgment: Record/retitle real estate via deed; process QDROs; update beneficiaries; change name with SSA/DMV; obtain certified copies of Judgment.

PART 12 — REQUIRED & RECOMMENDED FORMS QUICK REFERENCE

SOURCES AND REFERENCES

• California Family Code §§ 760, 2040, 2100–2113, 2310, 2320, 2335, 2339, 4055, 4320 — https://leginfo.legislature.ca.gov
• Judicial Council of California Family Law Forms — https://www.courts.ca.gov/forms.htm (Family Law — Dissolution category)
• California Courts Self-Help: Divorce — https://selfhelp.courts.ca.gov/divorce
• California Code of Civil Procedure §§ 414.10, 415.30, 415.50 (service)

Disclaimer: This template is for general informational purposes only. It is not legal advice and does not create an attorney-client relationship. Mandatory Judicial Council forms must be filed in their adopted version. Consult a licensed California family law attorney for case-specific guidance.