Fill out your forms
When filing for a no-fault divorce, you'll need to complete various forms. Some forms must be completed by all people filing for no-fault divorce in California:
- Petition-Marriage Form: Some people may run out of space to declare property on the Petition. If you need more room, you can use the Property Declaration form to list shared or separate properties and debts. For help completing this form, read the instructions.
- Summons Form: This form allows you to tell your spouse that you have started a court case, and the repercussions of him or her not responding within thirty days.
- Divorce Settlement Agreement: This form is used to clarify with the court that the parties are in agreement regarding the divorce and have reached a settlement regarding how their marital assets should be divided. A Divorce Settlement Agreement should be filed if the parties agree about all issues involved in their divorce and they do not wish to proceed with a lengthy trial.
Additional Forms for Couples with Children:
- Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Form: These forms tell the judge who the children have been living with, in addition to other existing custody orders that are relevant to the case.
Find Out if You Need to Fill Out a Local Form
You may have to fill out a local form, depending on your court. If this is the case, get in touch with your county clerk's office, a family law facilitator, or use RocketLawyer.com to find a divorce lawyer and ask about your county's forms.
Make Copies of your Forms
Once you have filled out the appropriate forms, make at least three copies of each. One set will be served to your spouse, and two should be kept for your records.
Bring your Completed Forms to your Court Clerk's Office and Pay the Fee
Proceed to your court clerk's office with the originals and copies of your forms. If everything is in order, the clerk will use the original forms and ask you to pay a fee to file. You can also ask for a waiver for the fees if you cannot afford to pay them.
If your spouse lives in another state or country, make sure to consult a lawyer before filing.
This article contains general legal information and does not contain legal advice. Rocket Lawyer is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.