Information on Divorce Papers in California

California divorces must meet state document requirements.

The process of getting a divorce often involves a lot of paperwork. Like other states, California uses standardized divorce forms that any couple can use. These forms meet the state law requirements for divorce filings, and can be used no matter what kind of divorce the couple seeks.

Residency

For a couple to get a divorce in California, at least one of the spouses must have lived in the state for at least six months before filing the divorce papers. As long as at least one party meets this requirement, either can file the papers in California.

Grounds

California grants divorces on a number of grounds, the most common reason being the so called "no-fault" ground. In California, a no-fault divorce is one where the ground asserted is that there are irreconcilable differences between the spouses. No other claims need to be made in the petition.

Summary Divorce

California allows for an expedited divorce proceeding for couples married less than five years with limited assets and no children. These couples can jointly file a divorce petition, called a Joint Petition for Summary Dissolution of Marriage (state form FL-800). The couple can use a premade template available through the California courts website or have a lawyer prepare the petition on their behalf. The petition requires specific information, including the names of the parties, the name of the county court in which the petition is filed, and the date of the marriage. It also requires the couple to affirm they have been married for five years or less, have community property valued at less than $25,000, and have no children. Also, the wife must not be pregnant.

Regular Divorce

If the couple has any children resulting from the marriage, or has been married for more than five years, or has assets in excess of $25,000, the couple must go through the regular divorce process. This involves filing form FL-100, the Petition for Dissolution of Marriage. Like the summary divorce form, this form also requires the parties to include specific biographical information about the marriage and assets of each spouse. It also requires the inclusion of a property declaration, and the grounds upon which the divorce (or annulment or legal separation) is requested. Because California allows for no-fault divorce, the only ground needed is an assertion that there are irreconcilable differences.

Child Custody

Whenever a divorce involves children, California requires that the divorce petition include a declaration detailing the nature of the custody.This form requires the parents to state the child's name, where the child was born, where the child has ever lived and who has physical custody. The parents must also disclose whether there have ever been any juvenile delinquency or criminal matters, prior custody cases involving the child, or instances of domestic violence or criminal activity.

References

• Kinsey Law Offices: California Summary Divorce Procedure
• California Courts Self Help Center: Form FL-800
• California Courts Self Help Center: Form FL-100
• California Courts Self Help Center: Form FL-105