What Forms Do You Need to File If You're Pursuing a California Uncontested Divorce

If you're pursuing divorce, there's a lot of paperwork involved. Whether the divorce is contested or uncontested, you'll still need to file a lot of forms with the court if you're the one pursuing divorce.To get divorced in California, you don't need to have been married there, necessarily, but at least one of you (either you or your spouse) will have to have been a legal resident of the state for the six months prior to getting divorced. You'll use the Superior Court of the county in which the resident spouse has lived for at least three months before you file the forms to pursue an uncontested divorce.Here's a brief rundown of each form you will need to file to pursue an uncontested divorce:Form FL-100This is the form you will file if you want to pursue a California uncontested divorce. Note: the filing this form does not mean your divorce is actually going to be uncontested, but instead details the general terms of the divorce as you'd like to see them happen. After you file this form, your spouse will have a chance to respond, usually 30 days.In this form, you break down how you'd like to settle alimony and child custody, how you'd like to divide assets, and other rights. Again, it doesn't guarantee that your divorce will actually be uncontested; in other words, your spouse may not agree to the divorce terms as you have set them out, even if your spouse is actually in agreement and wants a divorce, as well. In addition to filing the form itself, you'll also file supporting documentation.Form FL-110Form FL-110 is a summons. The summons is meant to elicit a response from your spouse. You will present both of these forms to the clerk with a $350 filing fee, and it's done in triplicate. The original of each is filed, and the other two are conformed, with one copy of each of the two different conformed copies to be served on the other spouse by the spouse who is petitioning for divorce.Form FL-140This form is filed along with the other two, which is a declaration of disclosure. This is attached to a detailing of the marriage's debts and assets, expenses and income, and other statements describing any obligations or property.Form FL-115Form FL-115 is a "proof of service form", meaning that the documents have been served on the respondent in the divorce. If you can't find your spouse to serve papers, you'll usually need to publish the summons and local periodicals for at least a month.Other possible forms:Form FL-165Form FL-165 is a "request to enter default", which you can generally file if your spouse does not respond to your summons after 30 days. At that point, the court often considers the divorce to be uncontested, and handles it as such.Form FL-170If your spouse agrees with the divorce and its terms, you can move forward and create a marital settlement agreement and file FL-170 Form, uncontested dissolution.Forms FL-180 and FL-190With FL-180, you're filing for judgment, and then Form FL-190 is the notice of entry of judgment. These two documents is give the court the means to actually make your divorce official and legal.