California Uncontested Divorce / Dissolution Petition + Decree Filing Packet

CALIFORNIA UNCONTESTED DIVORCE / DISSOLUTION OF MARRIAGE — FILING PACKET

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 the mandatory 6-month (180-day) waiting period runs from the date the Respondent is served with the Summons (FL-110) and Petition (FL-100), or from the date Respondent files a Response or Appearance — whichever is first. (Fam. Code § 2339)
☐ If residency is not yet met, consider filing for legal separation (no residency requirement) and later amending to dissolution.
☐ Identify whether the case involves: ☐ minor children ☐ real property ☐ spousal support request ☐ retirement/QDRO assets ☐ separate-property tracing.
☐ Confirm community-property regime applies (assets/debts acquired during marriage presumptively community; Fam. Code § 760).
☐ Confirm both parties agree on all issues (property division, debt allocation, support, custody, visitation) — otherwise the case is contested.

Filing-fee estimate: approximately $435–$450 (varies by county). Fee waiver: Form FW-001 (Request to Waive Court Fees) and FW-003 (Order on Court Fee Waiver). (Gov't Code § 70611)

PART 2 — COURT CAPTION (used on all pleadings)

PART 3 — PETITION FOR DISSOLUTION OF MARRIAGE (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: [__/__/____]

Petitioner's Signature (declaration under penalty of perjury under the laws of California):
[________________________________]

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 without written consent or court order;
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 — file FL-115 Proof of Service of Summons within 60 days.
☐ 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)

Mandatory under Fam. Code §§ 2100–2113. Cannot be waived for the Preliminary Declaration.

☐ Preliminary Declaration of Disclosure served within 60 days of filing Petition (Fam. Code § 2104(f))
☐ Final Declaration of Disclosure served before or with the Marital Settlement Agreement (may be waived by mutual written stipulation under Fam. Code § 2105(d), except for support cases)
☐ 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

☐ Each Party retains his/her own retirement accounts as separate property.
☐ 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

Each Party releases the other from all claims arising out of the marital relationship, except as set forth herein. Each Party waives any right to inherit from the other under intestacy.

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 — DECLARATION FOR DEFAULT OR UNCONTESTED DISSOLUTION (Form FL-170)

Petitioner declares under penalty of perjury:
☐ 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: [__/__/____]
Signature: [________________________________]

PART 9 — JUDGMENT OF DISSOLUTION (Form FL-180)

JUDGMENT

The court orders, adjudges, and decrees as follows:

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: [________________________________]

Date: [__/__/____] Judicial Officer: [________________________________]

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; pay ~$435–$450 filing fee.
4. Serve Respondent within reasonable time:
   - Personal service by non-party adult (file FL-115 within 60 days), 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 Declarations of Disclosure within 60 days of filing Petition (FL-140, FL-142, FL-150). File FL-141 with court.
7. Negotiate and execute Marital Settlement Agreement.
8. Exchange Final Declarations of Disclosure (or stipulate to waiver per Fam. Code § 2105(d)).
9. Submit Judgment package after the 6-month waiting period under § 2339 has run:
   - 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 (within 90 days of submission if support involved)
   - 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.