How to Fill Out Divorce Papers for a Divorce Without Children in California
A divorce, also referred to as a dissolution of marriage, ends a marriage. If you have no children and the divorce is uncontested, meaning both spouses agree to the terms, you may qualify for a summary dissolution. It is quick, easy and going to before a judge is unnecessary. To qualify, the couple must have been married for less than five years, have no children, not own real estate, not have more than $6,000 in debt, own less than $38,000 worth of property, not have separate property worth more than $38,000, agree that neither spouse will receive support payments and agree to the division of property.
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Things You'll Need
- Worksheet for Determining Value of Separate Property
- Worksheet for Determining Value and Division of Community Property
- Worksheet for Determining Community Obligations and Their Division
- Form Fl-150
- Form Fl-800
- Filing fee
- Form FL-820
Instructions
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1
Fill out the "Worksheet for Determining Value of Separate Property." On this worksheet, you must include the value of each spouse's property, whether owned outright or bought on credit. Make a copy for your spouse.
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Fill out the "Worksheet for Determining Value and Division of Community Property." This worksheet determines whether the worth of the couple's property is less than $38,000. Property includes bank accounts, life insurance, savings bonds, jewelry and furniture. Make a copy for your spouse.
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3
Fill out the "Worksheet for Determining Community Obligations and Their Division." This form determines the amount the couple owes in community debts. To qualify for a summary dissolution it must not exceed more than $6,000. Make a copy for your spouse.
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Fill out the "Income and Expense Declaration" (FL-150). On this form, the spouses must report their income and monthly debts. Each spouse must fill out this form individually and give a copy to the other spouse.
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Sign your property settlement agreement. This agreement divides property and debts. Make three copies.
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Fill out form FL-800, "Joint Petition for Summary Dissolution of Marriage." The form is a sworn statement that the couple qualifies for a summary dissolution. Both spouses must sign the form. Make three copies.
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File your papers with the court clerk. You must bring three copies of the property settlement agreement and form FL-800. The clerk will stamp all three sets and return two sets to you.
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Pay the filing fee. The fee is subject to change.
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After waiting six months, fill out form FL-820, "Request for Judgment, Judgment of Dissolution of Marriage, and Notice of Entry of Judgment." Bring three copies to the clerk's office and two preaddressed and stamped envelopes. Address one to yourself and the other to your spouse. The clerk will mail you and your spouse a signed copy of the form after the judge signs it. The divorce is effective on the date signed by the judge.
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Tips & Warnings
To obtain a divorce in California, it is necessary to meet the residency requirements. Either one or both spouses must have lived in California for the last six months and have lived in the county in which the divorce petition will be filed for at least three months. If each spouse lives in a different county, the law permits the filing of the petition in either county.
