Divorce can be complicated, no matter how you spin it. There are important, life-altering decisions that must be made in a timely manner while you simultaneously grapple with the emotional implications of ending your marriage.
One of the first decisions you have to make is what kind of divorce you’re going to pursue: uncontested or contested. In this month’s blog, we’re going to discuss the steps of an uncontested divorce so that you can better understand the process and determine if it’s the right fit for you and your spouse. By understanding each step, you can prepare to make informed decisions and navigate the journey ahead with peace and confidence.
1. Understanding Uncontested Divorce
The first step of an uncontested divorce is understanding what it actually is and whether or not it would work for your unique situation. In an uncontested divorce, both spouses agree on all aspects of the divorce, so a trial is not needed, making the process generally cheaper and faster. However, even in an uncontested divorce, professional help is still necessary. An uncontested divorce attorney can ensure that your agreements are fair and legally sound, as well as help streamline the process by mediating disagreements, providing sound legal advice, and handling important paperwork, which leads us to the next step.
2. Preparing the Initial Paperwork
To pursue an uncontested divorce, either you or your spouse must have lived in California for the past 6 months and in your current California county for the past 3 months. After filing, there are a myriad of forms that must be filled out and filed, starting with a Petition for Dissolution of Marriage (FL-100). This form asks for basic information about your marriage and allows you to specify which aspects of your divorce the court can make orders on, such as spousal support and property division.
You will also need to fill out and file a Summons (FL-110), which tells your spouse that you’ve started a court case and that they have 30 days to respond. If you share children together, you’ll also need to fill out a Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (FL-105/GC-120), which informs the court where your minor children were born and live and if there are any other court cases involving them.
You will also be responsible for paying a filing fee of $435. If you cannot afford this, you can ask for a fee waiver. Most people qualify for a waiver if they receive public benefits, their household income before taxes is below a set amount, or they can’t meet their household’s basic needs and pay the filing fee.
3. Serving the Forms
If you filed the Petition for Dissolution of Marriage (FL-100), you will then need to serve the divorce papers to your spouse. Serving papers means that someone else (not yourself) hands your spouse a copy of the filed papers, also known as personal service. This person must be 18 or older, and not part of your case. However, if your spouse lives in another state, you may need to serve the papers using another method called Notice and Acknowledgment of Receipt. Once that’s done, you’ll need to complete and file a Proof of Service (FL-115) form.
4. Responding to the Petition
If your spouse filed for divorce and you’ve been served with papers, you have 30 days from the date of service to respond. This response should be made using another form— Marriage/Domestic Partnership (FL-120).
5. Financial Disclosures
In an uncontested divorce, both parties are required to exchange financial information. Complete and exchange the following forms:
- Declaration of Disclosure (FL-140)
- Income and Expense Declaration (FL-150)
- Schedule of Assets and Debts (FL-142) or Property Declaration (FL-160)
Ensure these forms are filed with the court and served to each party according to the court’s requirements.
6. Reaching a Settlement Agreement
To finalize your divorce, you and your spouse need to create a settlement agreement. The steps for creating this agreement can be found here. The agreement should include provisions for matters such as property division, custody, alimony, child support, and more. Professional guidance is especially important when drafting this agreement to ensure that all terms are fair, legally binding, and in compliance with California law.
7. Finalizing the Divorce
You will then have to complete the following forms before the divorce can be finalized:
- Appearance, Stipulations, and Waivers (form FL-130) – This tells the court that your spouse is taking part in the case (if they didn’t already file a response), and that the two of you agree on the terms of your divorce and waive your rights to a trial. This is necessary for the court to accept your settlement agreement.
- Declaration for Default or Uncontested Dissolution or Legal Separation (form FL-170) – This tells the court that you’ve met the requirements for the court to decide your case based on your uncontested agreement.
- Judgment (form FL-180) – This is the final court order to get a divorce.
- Notice of Entry of Judgment (form FL-190) – You’ll receive this form back via mail notifying you that your divorce is final with the date it officially ended.
Once this is done there is a six-month waiting period from the date of service of the initial papers before the divorce is final.
8. Post-Divorce Steps
Once your divorce is final, it’s important to update any relevant documentation, including name changes and other legal documents like your estate plan. It’s also crucial to adhere to the terms of the divorce agreement to avoid potential legal complications and ensure a smooth transition into your new chapter of life.
How Equal Justice Law Group Can Help You
If you and your spouse have decided to go your separate ways and you’d like to do so using the process of uncontested divorce, Equal Justice Law Group can explain your legal options, guide you through the steps, and answer any questions you may have. We understand that even in an uncontested divorce, it’s easy to become overwhelmed by the paperwork and legal jargon, but with our experience in your corner, you can rest assured that we will provide the support and clarity you need to navigate the process smoothly. Call Equal Justice Law Group today to request a consultation and learn more about how we can assist you.
