Forms to start a divorce or separation Form NameForm Number Petition — Marriage/Domestic Partnership FL-100 Summons (Family Law) FL-110 Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) FL-105 Proof of Service of Summons (Family Law — Uniform Parentage — Custody and Support) FL-1153 more rows
To start a do-it-yourself divorce in California, you must file a Petition (form FL-100) and Summons (FL-110) with the court. In addition, if you have minor children, you must submit several child-related documents.
Forms to start a divorce or separation Form NameForm Number Petition — Marriage/Domestic Partnership FL-100 Summons (Family Law) FL-110 Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) FL-105 Proof of Service of Summons (Family Law — Uniform Parentage — Custody and Support) FL-1153 more rows
In short, yes, you can get divorced without going to court in California if your case is uncontested. An uncontested case means that both parties agree on all significant issues, such as property division, custody, and child support.
Getting a divorce in California Getting a divorce takes at least 6 months. There are 4 major parts of the process and they are the same for couples who are married and for those in a domestic partnership. It's the same process to get a legal separation.
How to file for uncontested divorce in California Step 1: Consult a divorce attorney. Step 2: Resolve key issues. Step 3: Determine the type of dissolution. Step 4: Prepare forms and file the petition. Step 5: Serve the spouse. Step 6: Finalize the uncontested divorce and receive a divorce decree.
A: An uncontested divorce in California can take as little as six months from the date the divorce petition is filed with the court. Once you have filed the petition, you will then serve the papers to your spouse. They will file a response, and you will both submit your settlement agreement.
The average timeline for most no-fault divorces in California is about 15 months. There is a mandatory 6-months waiting period after the petitioner files a Complaint. For fault divorces, the timeline varies depending on the complexity of the case and can be anywhere between 6 months and several years.
If you've been married less than five years and have no children, you may qualify for a simpler way to get divorced (summary dissolution).
If you and your spouse both agree to the divorce, you will still need to wait for the six-month period to end in order for the court to finalize your divorce.