Tuesday, April 10, 2012

Your Uncontested Divorce Forms and the Functions of Each During Your Divorce Proceedings




As daunting as the divorce process itself is to experience, it becomes even more intimidating when one takes into account the sheer volume of divorce forms necessary to complete the procedure as smoothly and hassle-free as possible.But what do all of these divorce documents do?The answer to this question is a simple one: every document has its specific purpose throughout the California divorce time line, and all contribute to show the Court that both spouses have put forth every effort to comply with the rules in order to make their divorce amicable.A California uncontested divorce begins with the filing of the divorce Petition (form FL-100) at the local courthouse. This particular document informs the Court that there is an impending dissolution proceeding between the spouses; it further tells the Court the basics about the parties' proposed agreements for alimony and child support, child custody and child visitation schedules, and divorce property/debt division.Then comes service of the divorce Summons (form FL-110), a document notifying the opposing spouse that divorce forms have been filed with the Court and that a divorce response is needed from him or her within thirty (30) days.As the time line progresses through the California divorce procedure, the two spouses are responsible for exchanging a set of divorce documents which provides details about the other's current employment status, tax filing category, gross monthly income amount, and general household expenses among other things. The technical name for the form the parties must trade with each other which also shows the Court the financial circumstances of each spouse is called the "Income And Expense Declaration" (form FL-150).The purpose of the document exchange is to ensure that each party is on the same page, and no future surprises are in store for one spouse due to the other spouse's deliberate intent to hold back crucial information.The spouses must prove to the Court that each has given the other a copy of his or her own Income And Expense Declaration form. The proof comes by way of a declaration document that each party must serve on the opposing spouse (through a neutral third party) - said proof of service document informs the Court that both parties have complied with California family law by doing the required Income And Expense document exchange.Next comes the second document exchange.This time around the parties will share with one another all the information each has about any marital property and debts along with a proposed plan of how to divide the items in question (form FL-142). Again a neutral third party is needed to serve this next set of court documents on the opposing spouse, and the respective proof of service forms will also be filed with the Court to show that this second document trade occurred.The declaration for an uncontested divorce (form FL-170) is the next document to be signed and filed, informing the Court that the parties have mutually agreed how their marital dissolution is to proceed and they wish to participate in an uncontested divorce.When all the document trades have taken place and the Court is satisfied that both parties are in complete agreement, it is time to file the Judgment (form FL-180). This is the most important form in your California uncontested divorce, since it contains the Judge's signature of approval that the marriage has now come to its conclusion and all agreements are fair to everyone involved.And when the Judgment has been signed off by the judge, you are restored to "single person" status!


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