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A marital separation agreement may be drawn before or after you have filed for divorce ? even while you and your spouse are still living together. When you initially execute a marital separation agreement you usually do not have to file the separation agreement with the court to be effective.
FL-170 DECLARATION FOR DEFAULT OR UNCONTESTED DISSOLUTION OR LEGAL SEPARATION (Family Law)
To start a divorce or legal separation, you begin by filling out two court forms: a Petition and a Summons. If you and your spouse (or domestic partner) have children together, you will also need to fill out at least one other form about your children.
Form Packets ? Dissolution ? Legal Separation ? Nullity ? Domestic Partnership FORM NUMBERFORM NAMEFL-305Temporary Emergency (Ex Parte) OrdersFL-150Income and Expense DeclarationFL-160Property Declaration [NOTE: Use one form for Community Property and one form for Separate Property]FL-142Schedule of Assets and Debts14 more rows
Forms to start a divorce or separation Form NameForm NumberPetition ? Marriage/Domestic PartnershipFL-100Summons (Family Law)FL-110Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)FL-105Proof of Service of Summons (Family Law ? Uniform Parentage ? Custody and Support)FL-1153 more rows
If your divorce is uncontested, it is possible you will not need to go to court. However, this will vary case by case. If you and your spouse file the marital settlement agreement and submit all necessary legal documents to the court, then the judge will review the case and could issue a judgement via mail.
If you are not able to use the summary dissolution procedure, then the California uncontested divorce forms used to begin a divorce case are the Petition for Dissolution (Divorce) of Marriage/Domestic Partnership (Form FL-100), and Summons (Form FL-110).
In the event that they still refuse to engage in settlement discussions or sign a separation agreement, , then the next stage is to proceed to have your matter decided by a third party; either a court, or an arbitrator if the other party agrees to use that process.