How To Get Divorce Papers (2022 Guide) – Forbes Advisor

Again, each state may be different, but in California all local courts use a standardized set of divorce forms. We recommend checking out this California courts flowchart for a breakdown of the required documents for different types of divorces. Most divorces in California (and many other states) require the following documentation:

request for dissolution

This first step in the divorce process asks for basic information about the marriage and an indication of what court orders are being sought. A dissolution petition may be filed in any county where at least one spouse meets residency requirements. The court’s Divorce Finder feature can help an applicant determine where they are entitled to file. They can then use the Find My Court tool to see exactly what courthouses are available in their area. In California, filing fees range from $435 to $450, but people who cannot afford it can request a fee waiver.

charge

Unless both spouses file a joint application for summary dissolution, the applicant must also complete a subpoena. This is to be filed with the application and also served on the other spouse (called the Defendant) to notify them of the event of dissolution and to submit a response form 30 days in advance. This process also typically includes proof of delivery for subpoenas. California courts also offer a guide to serving dissolution papers.

Disclosure Statement

A disclosure statement form documents the marital assets and debts. California first requires a preliminary disclosure that lists assets and liabilities and income and expense information. These will be filed and served with or after the request for dissolution. A final disclosure later in the divorce proceedings uses the same form but requires more detail, including categorizing the property as either joint (marital) or separate. Unless both spouses agree to waive it, final disclosure is required 45 days before a sentencing or hearing date.

Other divorce certificates

If minor children are involved in the divorce, the petitioner must submit a declaration form under the Uniform Custody and Enforcement Act. You can also apply to the court for a restraining order to regulate matters such as child custody, exclusive ownership of the marital home, and spousal support while the divorce is pending. In addition, certain local forms may be required by the county; California encourages petitioners to visit their local court’s website, contact their county clerk’s office, or use a local self-help center to learn about local forms.