How can I get a copy of my divorce papers in California?

To obtain a copy of your divorce papers in California, you can visit the court where your divorce was finalized. Request the California divorce form FL-142, as it is commonly used for financial disclosures during divorce proceedings. If you can't visit in person, consider checking online for the court's website, where you may find options for requesting copies by mail or online. Additionally, platforms like US Legal Forms can help you access the necessary forms and provide guidance through the process.

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California Summary Dissolution of Marriage Package with No Children -...

California Divorce Form Fl-142

Category:

Family Law - Divorce - No Children

State:

California

Control #:

CA-008A-D

Format:

Instant download

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Public form

Description

The California divorce form FL-142 is a part of the Summary Dissolution Divorce Package designed for couples who meet specific criteria for an uncontested divorce without children. This form is particularly suited for marriages lasting less than five years, where the parties have no children, do not own real estate, and have limited debts and property. Key features of this form include the requirement for both parties to complete a Joint Petition for Summary Dissolution, comply with residency requirements, and agree on the distribution of assets and debts through a signed Separation and Property Settlement Agreement. Attorneys, paralegals, and legal assistants will find the form useful for guiding clients through the quick and less complex divorce process. This form streamlines the procedure, as it eliminates the need for court hearings, with a six-month waiting period before a judgment is entered. Legal professionals can utilize this package to facilitate efficient resolutions for suitable clients, ensuring they are well-informed throughout each step of the process.

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How to fill out California Summary Dissolution Of Marriage Package With No Children - Divorce?

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FAQ

Filing for divorce by yourself in California is entirely possible. Begin by researching the necessary forms, which will include the California divorce form FL-142, and complete them. After your forms are ready, submit them at your local court, following any specific rules the court may have for self-filing.

To file a divorce response in California, start by obtaining the correct forms from your local court or online resources. Complete the California divorce form FL-142 among others, and provide your answers to the initial divorce petition. Once you fill out the necessary forms, make sure to file them with the court within the specified timeframe.

Yes, you can file for divorce in California without an attorney. Many individuals successfully manage their divorce by handling the paperwork themselves. You will need to complete forms like the California divorce form FL-142 and file them with your local court, ensuring all disclosures are accurate and complete.

Generally, if both parties agree on the divorce terms, you may not have to go to court. However, you must still file the required forms, such as the California divorce form FL-142, to finalize the process. Some couples may choose to attend a court hearing to formalize their agreement, but it is often not mandatory.

To get a divorce in California when both parties agree, you need to complete a few steps. First, fill out the appropriate forms, including the California divorce form FL-142, which is necessary for financial disclosures. After completing the forms, file them at your local courthouse. Ensure both parties sign the necessary documents, and you may be able to bypass a court hearing.

To obtain a copy of your divorce papers in California, you can visit the court where your divorce was finalized. Request the California divorce form FL-142, as it is commonly used for financial disclosures during divorce proceedings. If you can't visit in person, consider checking online for the court's website, where you may find options for requesting copies by mail or online. Additionally, platforms like US Legal Forms can help you access the necessary forms and provide guidance through the process.

The primary forms needed for a California divorce include the Petition (FL-100), the Summons (FL-110), and the Response if applicable. You will also likely need to complete the California divorce form fl-142 for income declarations and possibly FL-160 for assets and liabilities. Assess your specific situation to ensure you have everything required.

You should use FL-160 when required to disclose your financial position during divorce proceedings. This form is often necessary when negotiating asset division or support arrangements. Coupled with the California divorce form fl-142, it provides a full picture of your finances.

FL-160 is the form used in California to disclose your assets and liabilities during a divorce. Providing this information is essential for fair division of property and assessment of debts. Completing this form alongside your California divorce form fl-142 gives the court a comprehensive view of your financial landscape.

The primary difference between FL 142 and FL 160 lies in their purpose. FL-142 is specifically for declaring income and expenses, while FL-160 is a general declaration of assets and liabilities. Both forms are crucial in divorce proceedings to ensure accurate financial representation.

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California Summary Dissolution of Marriage Package with No Children - Divorce

Divorce - State Law Summary - California

Notes: This summary is not intended to be an all inclusive summary of the law in California but does contain basic and other provisions.

Grounds

A divorce in the State of California is called a dissolution of marriage. California law allows for dissolution of marriage based upon irreconcilable differences and incurable insanity. Irreconcilable differences are statutorily defined as those differences determined by the court to be substantial reasons for not continuing the marriage and which make it appear that the marriage should be dissolved. For a decree of dissolution of marriage to be granted based upon incurable insanity, proof must be presented to the court that at the time the petition was filed, the insane spouse was, and still is, incurably insane. 2310

Residency Requirements

At least one of the parties to the dissolution action in California must have been a resident of the state for at least six months prior to the filing of the action and a resident of the county in which the action is filed for at least three months prior to the action being filed. 2320

Name of court and title of action/parties

An action for dissolution of marriage in the State of California is filed in Superior Court. The title of the action initiating the dissolution is a Petition for Dissolution of Marriage, while the title of the action granting the dissolution is referred to as a Final Judgment of Dissolution of Marriage. The party who initiates the proceeding is called the Petitioner, while the other party is referred to as the Responent. 2330

Waiting Period

No judgement of divorce is final until six months have elapsed from the date the the respondent was served with a copy of the summons and petition or the date of appearance of the respondent, whichever comes first. 2339

Reconcilliation Continuance

If upon filing of the divorce action it appears that there is a reasonable chance that the parties may reconcile, the court shall order a continuance of the proceeding for a period not to exceed thirty days. 2334

Summary Dissolution of Marriage

A summary dissolution of marriage proceeding is begun by the filing of a joint petition signed by both the husband and wife stating that all of the requirements for summary dissolution have been met, providing the mailing address of both husband and wife, and a statement of whether or not the wife desires to have her former name restored.

To qualify for a summary dissolution, all of the following conditions must exist at the time of filing:

1. At least one of the parties to the action must have been a resident of the state for six months prior to filing for divorce, and a resident of the county in which the action is filed for three months prior to the filing of divorce.
2. Irreconcilable differences have cause an irremedial breakdown of the marriage and the marriage should be dissolved.
3. The parties to the action have no children born prior to or during the marriage, have not adopted any children during the marriage, and the wife, to her knowledge, is not pregnant.
4. At the time the petition is filed, the marriage is not more than five years in duration.
5. Neither party has any interest in any real property, wherever situated, with the exception of a lease of residence, which must terminate within one year of the date of filing of the petition and must not include an option to purchase.
6. There may not be more than four thousand dollars ($4,000) in upaid obligations incurred by either or both spouses after the date of marriage, excluding amounts owed for automobiles.
7.(a) The total fair market value of the community property assets is less than twenty-five thousand dollars ($25,000), excluding all encumbrances and automobiles and including any deferred compensation/retirement plans, and;
(b)neither party has separate property assets in excess of twenty-five thousand dollars ($25,000), excluding all encumbrances and automobiles.
8. The parties have executed an agreement setting forth the division of assets and liabilities and have executed all documents necessary to effectuate the agreement.
9. The parties waive any right to spousal support.
10. The parties, upon entry of judgment of divorce, irrevocably waive their rights to appeal and for a new trial.
11. The parties have read and understand the summary dissolution of marriage brochure provided by the county clerk.
12. The parties desire that the court dissolve their marriage. 2400

Legal separation

A judgment of legal separation may be obtained in the State of California on the same grounds as those permitted for an action of dissolution of marriage. 2310

Alimony

The courts in the State of California may award support to either spouse, without regard to marital misconduct. The goal in awarding spousal support is to help the spouse receiving alimony to become self-supporting within a reasonable time. Generally, the courts consider one-half the length of the marriage to be a reasonable time for a spouse to become self-supporting. Factors the court will consider in determining the length and amount of an award of spousal support include:

1. The marketable skills of the supported spouse;
2. The extent to which the supported spouse's present or future earning capacity has been impaired due to duties of the marriage;
3. The extent that the supported spouse contributed to the earning capacity of the supporting spouse;
4. The ability of the supporting spouse to pay;
5. The needs of each party;
6. The obligations and assets of each party;
7. The duration of the marriage;

8. The age and health of the parties;
9. Any other factors the court deems are equitable and just. 4320

Distribution of property

The courts in California will divide the community property of the parties equally after setting aside to each spouse that spouse's separate property. Community property is presumed to be all property aquired by the parties during the marriage and held in joint form. This presumption may be rebutted by a clear statement in the title by which property is acquired that the property is separate and not community property or by proof that the parties have a written agreement that the property is separate property. 2550

Child custody

The court will determine the issue of custody based upon the best interests of the child. In determining the best interests of the child, the courts will consider the following:

1. The health, safety and welfare of the child;
2. Any history of abuse by a parent;
3. The nature and amount of contact by both parents;
4. Any history of substance abuse;
5. The wishes of the child.

There is a presumption that joint custody is in the best interests of the child. If the court awards joint custody, the court shall specify the rights of each parent to physical control of the child. The court shall grant reasonable visitation to the non-custodial parent unless it can be shown that such visitation is not in the child's best interests. Each parent shall also have equal access to records of the child, including, but not limited to, medical, dental, and schooling. 3011

Mediation

If it appears on the face of the petition that custody is a contested issue, the court shall order mediation to assist the parties in settlement of those contested issues, and to assist in the development of an agreement that assures the child of close and continuing contact with each parent. 3170

Child support

Either or both parties may be ordered to pay an amount reasonable and necessary for the support of any minor children of the marriage. The State of California has enacted child support guidelines which establish the presumptive correct amount of child support due. Deviation from the guidelines requires the court to state in writing why the application of the guidelines would be unreasonable or unjust, and:

1. The amount of support that would have been ordered under the guidelines;
2. The reasons for the deviation;
3. The reasons the support ordered is in the bests interests of the child. 4056

Name change

Upon request in a proceeding for dissolution of marriage, the court may restore a party to their former or birth name. 2080

California Summary Dissolution of Marriage Package with No Children - Divorce

Divorce - State Law Summary - California

Notes: This summary is not intended to be an all inclusive summary of the law in California but does contain basic and other provisions.

Grounds

Residency Requirements

Name of court and title of action/parties

Waiting Period

Reconcilliation Continuance

Summary Dissolution of Marriage

To qualify for a summary dissolution, all of the following conditions must exist at the time of filing:

Legal separation

A judgment of legal separation may be obtained in the State of California on the same grounds as those permitted for an action of dissolution of marriage. 2310

Alimony

Distribution of property

Child custody

The court will determine the issue of custody based upon the best interests of the child. In determining the best interests of the child, the courts will consider the following:

Mediation

Child support

1. The amount of support that would have been ordered under the guidelines;
2. The reasons for the deviation;
3. The reasons the support ordered is in the bests interests of the child. 4056

Name change

Upon request in a proceeding for dissolution of marriage, the court may restore a party to their former or birth name. 2080

California Divorce Form Fl-142

Description

Related forms

Viewed forms

How to fill out California Summary Dissolution Of Marriage Package With No Children - Divorce?

Divorce Package

Form popularity

FAQ

How do I file for divorce by myself in California?

How do I file a divorce response in California?

Can I file for divorce in California without an attorney?

Do you have to go to court for a divorce if both parties agree?

How to get a divorce in California when both parties agree?

How can I get a copy of my divorce papers in California?

What forms are needed for California divorce?

When to use FL 160?

What is FL160?

What is the difference between FL 142 and FL 160?

Trusted and secure by over 3 million people of the world’s leading companies

California Divorce Form Fl-142

Description

Related forms

Viewed forms

How to fill out California Summary Dissolution Of Marriage Package With No Children - Divorce?

Divorce Package

Form popularity

FAQ

How do I file for divorce by myself in California?

How do I file a divorce response in California?

Can I file for divorce in California without an attorney?

Do you have to go to court for a divorce if both parties agree?

How to get a divorce in California when both parties agree?

How can I get a copy of my divorce papers in California?

What forms are needed for California divorce?

When to use FL 160?

What is FL160?

What is the difference between FL 142 and FL 160?

California Divorce Form Fl-142 Related Searches

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