CALIFORNIA STANDARD UNCONTESTED DIVORCE IN Torrance

CALIFORNIA STANDARD UNCONTESTED DIVORCE IN Torrance

Law Offices of Don Glass in Torrance

$395 to $995 Flat Legal Fee- California Statewide

877-631-4644

951-501-3554

www.CaliforniaOnlineDivorceAttorney.com
www.AttorneyPreparedDivorceForms.com
www.695DivorceAttorney.com
www.OnlineDivorcePro.site

DIVORCE IN CALIFORNIA A divorce is a legal proceeding that dissolves a marriage. In California, the phrase “dissolution of marriage” means the same as “divorce”. All of the legal rights and relationship as husband and wife that were created by the marriage are ended when a Judge signs the divorce decree. It is a relatively simple matter if the parties agree to divorce, but if only one party wants a divorce, or there are outstanding issues of custody, support, the division of property, debt, etc., the Court in most cases will not grant a divorce decree until those issues are resolved.

ASSISTANCE FROM THE COURT California Courts provide access to Family Law Facilitators – these are Court officers or attorneys who are available for free limited assistance. If you have difficulty completing a document or understanding a topic related to this divorce, contact or visit the family law facilitator in your Court.

PREPARED AND UNPREPARED DOCUMENTS Due to the specific filing requirements and procedures described below, several sets of documents must be prepared by both the Petitioner and Respondent. It will be the responsibility of the Petitioner to provide such sets of blank documents to the Respondent. In order to make the blank documents available to both you and your spouse, the documents in this secondary file are blank or mostly-blank. Likewise, some of the details in the documents will depend on how you chose to serve your spouse and how he or she responded (if at all). As such, these details are obviously not available until the filing process is well underway, and therefore cannot be completed initially. In short, some documents may contain little or no information, while others will be prepared already in full. As such, you will often need to add personal details to your version of the documents in ink, before sending documents to your spouse or filing documents with the Court. Blank copies for your spouse to prepare will also need to be provided, as needed and described below.

UNCONTESTED ACTIONS ONLY These documents are designed to allow the parties to represent themselves in Court, for uncontested divorce actions only – where there is no dispute over issues. If you anticipate that you and your spouse will not be able to come to an agreement on the involved issues, or if your spouse has retained an attorney to contest any part of the divorce, you should obtain licensed legal representation for yourself.

RESIDENCY REQUIREMENTS By California law, at least one of the parties must meet each of the following three requirements:  Current resident of the county where the action is being filed, and  Resident of that county for at least the last three (3) months, and  Resident of California for at least the last six (6) months.

COUNTY VARIATIONS These documents and instructions have been designed to meet the requirements set by California state laws. It is possible that county variations exist in the documents and/or filing instructions. As such, please understand that adjustments may need to be made to meet the local documents and/or procedures. Please work with your Court Clerk to ensure that adjustments are accurate. Marital Settlement Agreement (MSA) A Marital Settlement Agreement (MSA) is a detailed agreement drafted by the parties, agreed to and signed. Such agreements typically cover matters of child custody, visitation, child support, medical insurance, retirement benefits, property division, debt division, and alimony. A MSA is highly recommended if minor children are involved, and required if alimony, child support, child custody, or property division will be requested. These agreements are enforceable like any other contract, and when incorporated into the Divorce Decree become subject to the contempt power of the Court. They can usually be later modified by the Court as to child custody, support, and visitation, if the agreement specifically permits such modification.

(Please Note: A MSA may be available on the same Web site where these divorce documents were purchased.)

NOTE: When a MSA is used, some parties prepare and sign the MSA before they begin filing any divorce documents. Other parties choose to prepare the agreement during the divorce filing process. A copy of the prepared MSA, signed by each party in the presence of a Notary Public, must ultimately be filed with the Court – either early or late in the process. This copy is typically an “original” copy – one which contains the original signatures of both parties, not a photocopy. Parenting Plan A parenting plan is a document that outlines the parenting schedule and can include each parent’s responsibilities in raising their children. This is not required, but you may prepare one to show the Court your agreement regarding parenting. The plan will detail among other things decision-making responsibilities, residential responsibilities, legal residence of the children for school attendance, transportation and exchange of children, information sharing and access, relocation, and dispute resolution methods.

 

Uncontested Divorce lawyer

UNNECESSARY DOCUMENTS There are many documents included in this legal service and referenced in the detailed filing instructions below. Your specific circumstances may show that certain documents are not required. For example, if you and your spouse have no community property to divide (or such property is listed in your MSA), you can discard the related property description documents. If your divorce does not involve minor children, you can discard the UCCJEA documents (listing details of the minor children). There are also some attachment documents included, in case some information does not fit on the standard documents. These attachments can be discarded if they are not needed. You do not have to print any documents which obviously do not relate to your legal action.

OTHER GENERAL INFORMATION AND NOTES Keep good records of important details – Make a checklist of all important dates, actions and details. Date of filing, date of mailing, was a final set of financial/asset documents waived by the parties?

(see below), is an MSA being used?, did your spouse respond to the legal action or is this proceeding by default? (see below)

These details can help you identify which sets of documents relate to your case and what sections of instructions are relevant.

Blank documents vs. Original documents – Within these instructions, there are many references to both “blank documents” and “original documents”.

Blank documents are documents which may contain a completed header (parties’ names, case number, Court location) and/or have certain options marked (for example, a document to be completed by your spouse may already have “Respondent” marked in appropriate places). These documents are ready to be completed by a party.

Original documents are those documents which have been completed and contain original signatures. Copies of these documents are usually kept for each party’s records. Original documents (with original signatures) are always filed with the Court whenever possible (unless specific directions state otherwise). Before any original document is filed or sent to your spouse, be sure to make a copy for your records. Adding final details – Before mailing any document to your spouse, filing any document with the Court, or even signing any document, be sure to read the entire document carefully. Some details, dates, and checkmarks are not prepared through the interactive questionnaire. As such, you must add details and relevant checkmarks in ink, where applicable.

Filing In-Person – Several sets of documents may need to be filed by both you and your spouse. Typically, filings are done in-person. This may not be convenient, or even possible if one party is living in another state or across the country. The party which is not able to file documents in-person (the Husband, for example) may be able to complete his copy of the documents, provide them to the Wife, and she may be able to file all sets of documents herself. The Court may prefer to receive documents from that distant party by mail, rather than through only one local party. If both parties cannot each file their documents in-person (or simply prefer not to), contact the Court Clerk to learn more about alternative filing methods. If documents are not filed properly, your legal action will not be valid.

Alimony – You can request that alimony be paid by either party. This issue is typically handled in greater detail within a Marital Settlement Agreement (MSA).

Resuming a Prior Name – Within the California divorce procedure, if any party has changed their name due to the marriage, they may now choose to resume use of a prior name. This right is not only provided to the Wife.

Property and Debts – The Petitioner must be willing to disclose all property and debts. If the Respondent replies to the lawsuit, he or she must also be willing to make a full disclosure. The parties should make decisions of how each piece of property or each debt is to be handled, prior to filing. Property and debts are divided into the two categories of Separate and Community (or Quasi-Community). Be sure to consider pension and retirement benefits, IRA accounts, 401(k) plans, life insurance policies, security deposits, promissory notes, unpaid taxes, medical bills, credit card accounts, and other loans or mortgages. Exclude things like clothing, pots and pans, books, and other smaller items and personal effects.

 

Flat Fee Divorce

Separate Property and Debts:

  All property you owned before the marriage;

 All property given to you as a gift or inheritance — even if the gift or inheritance occurred during the marriage;

 The rents, profits, or other money earned from your separate property; and

 Property you acquired after the date of separation.

Community and Quasi-Community Property and Debts: Generally, everything you bought while you were married, even if only one of you earned or spent the money. Most debts incurred by either party during the marriage are community debts, even if a credit card was in the name of one spouse only. Community property and community debts are usually divided equally. Quasi-Community property is typically only real property which is located outside of California which would be typically be considered community property if it were in California.

Confidential Addresses: In some limited situations, the current address of a minor child and/or the Petitioner should be kept confidential due to a prior marriage which involved domestic violence. The address of these persons can be listed and marked as Confidential. Please work with your local Court Clerk to provide affidavits and evidence in order to prove why this confidentiality is needed and should be allowed by the Court.

CALIFORNIA STANDARD UNCONTESTED DIVORCE IN Torrance

There are at least a dozen documents related to this legal action, most with multiple pages. A couple documents are only used in certain situations (for parties who have minor children, for example). A few are prepared only by the Petitioner and then filed in Court. The majority of documents however must be prepared by each of the parties – that is, a set must be prepared by the Petitioner and a set must be prepared by the Respondent (spouse). These sets are later filed in Court. Because of this need, many of the provided documents are blank or mostly blank – allowing copies to be made so that each of the parties may prepare a set. Below is a list of the number of copies of each document which should be available prior to you or your spouse adding any in documentation in ink. Please review this list, as well as the remaining instructions provided below prior to preparing, signing, mailing, or filing any documents. You are welcome to print multiple copies directly from your computer, or print one copy and photocopy the others. Copies of blank documents:  Petition (FL-100) – 1 total  Property Declaration document (FL-160) – 4 total (if applicable)  Property Declaration Continuation document (FL-161) – 4 total (if applicable)  Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) document (FL-105) – 2 total (if applicable)  Attachment 3c for Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) – 2 total (if applicable)  Summons (FL-110) – 1 total  Declaration of Disclosure document (FL-140) – 4 total  Schedule of Assets and Debts document (FL-142) – 4 total  Income and Expenses Declaration document (FL-150) – 4 total  Declaration Regarding Service of Declaration of Disclosure and Income and Expense Declaration document (FL-141) – 4 total  Stipulation and Waiver of Final Declaration of Disclosure document (FL-144) – 1 total (if applicable)  Response document (FL-120) – 1 total  Proof of Service document (FL-115) – 1 total (if applicable)  Notice and Acknowledgment of Service document (FL-117) – 2 total (if applicable)  Appearance, Stipulations, and Waivers document (FL-130) – 1 total (if applicable)  Request to Enter Default document (FL-165) – 1 total (if applicable)  Declaration for Default or Uncontested Dissolution or Legal Separation document (FL-170) – 1 total (if applicable)  Notice of Entry of Judgment document (FL-190) – 1 total  Judgment document (FL-180) – 1 total Again, these are the total numbers of “blank” copies which may be needed and should be available prior to any documents being further prepared, signed, mailed, or filed. As noted above, before any document which you have prepared and signed leaves your possession, you should make a copy for your records. As such, copies of prepared documents will be made from time to time during the filing process.

GENERAL FILING PROCEDURE IN Torrance

While the detailed description of the filing process is somewhat long, the actual process is actually very straightforward.

  1. Initial documents are prepared.
  2. Financial documents are prepared.
  3. Initial documents are filed in Court.
  4. Service is completed.
  5. Proof of service is filed with the Court.
  6. Final documents are prepared and filed.

A Hearing may be scheduled.

  1. Attend the Hearing (if there is one).
  2. Receive notice that the divorce is approved.

(Note: A divorce typically cannot be finalized and effective until six months have passed after proof of service is filed with the Court.)

DETAILED FILING PROCEDURE

  1. INITIAL SET OF DIVORCE DOCUMENTS

Documents used in this section:  Petition document (FL-100)  Summons document (FL-110)  Property Declaration document (FL-160) (if applicable)  Property Declaration Continuation document (FL-161) (if applicable)  Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) document (FL-105) (only needed if the parties have minor children)  Attachment 3c for Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (only needed if there are more than two minor children involved) Sign the Petition document (FL-100). Gather the prepared Petition document (FL-100) and the Summons document (FL-110).

 If you have separate property and/or debts and will be itemizing them in the Property Declaration documents (FL-160), mark one set, noting that they are for you, the Petitioner, and that the documents will contain details of Separate property. List your property. Use the Property Declaration Continuation documents (FL-161) if all of the details will not fit on the primary document.

 If you have community property and/or debts and will be itemizing them in the Property Declaration documents (FL-160), mark a separate set in a similar manner, only now noting that they are for you, the Petitioner, and that the documents will contain details of Community property. List your property. Use the Property Declaration Continuation documents (FL-161) if all of the details will not fit on the primary document.

 

NOTE: As noted on the Property Declaration documents (FL-160), do not itemize separate and community property on the same documents. Use a different set for each.  If you and your spouse have minor children, finish the preparation of one copy of the Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) document (FL-105) (and Attachment 3c, if needed). Specifically, lines 4 through 8 relate to other Court cases, proceedings, and orders related to the custody and welfare of the minors. These details must be completed, in ink, prior to any mailing to your spouse or filing in Court. Sign this prepared copy and add it to the set of other prepared initial divorce documents. Make two copies of this prepared set of documents. Put one copy aside for your personal records. The original set (with original signatures) and one copied set will be used in your initial filing. If you need temporary orders for child support, spousal support (alimony), bill payment, protection from domestic violence, or other uncommon issues, your local Court Clerk will provide additional documents.

 

Divorce Payment Plan

 

  1. PREPARE THE PRELIMINARY FINANCIAL/ASSET DISCLOSURE DOCUMENTS

Documents used in this section:  Declaration of Disclosure document (FL-140)  Schedule of Assets and Debts document (FL-142)  Income and Expenses Declaration document (FL-150) Both you and your spouse will need to complete a set of preliminary financial/asset documents, make a copy of the prepared documents, and provide this copy to the other party or file with the Court, as specified below.

This preliminary disclosure between the parties is mandatory.

Proof that the disclosures were shared must be filed with the Court, but the actual financial documents will not be filed.

A follow-up set of “final” financial/asset documents is sometimes required late in the filing process, but can be skipped under certain circumstances (see Section V and Section VI below).

At this time, assume that both a preliminary set and a final set of financial/asset documents will need to be prepared by each party. Put three sets of blank financial/asset documents aside. You will only be preparing one at this time. Within the preliminary set, parties typically skip exact values of properties and debts in the financial/asset documents. Prepare the Declaration of Disclosure document (FL-140) (mark it as preliminary). Prepare your preliminary Schedule of Assets and Debts document (FL-142) and the Income and Expenses Declaration document (FL-150) by listing all of the requested financial details of your assets and debts. Sign these documents. Attach one copy of your three most recent pay stubs. Attach one copy of your most recent federal income tax return. Make one copy of this set of completed financial/asset documents (including any attached copies of personal pay stubs and tax returns). The original set is for your personal records. Gather the copied set of the prepared financial/asset documents (and attached copies of personal financial documents).

 

 

NOTE: Whenever possible, unless otherwise directed, file original documents with original signatures with the Court. Documents will be filed with the Court to start the divorce action. Your spouse has a legal right to be notified of this action. Providing this notification is known as service. There are specific procedures for proper service. The different types of service sometimes require different service documents. The prepared and blank documents listed above will either all be included in your initial filing, or some will be used in your initial filing and the remainder will be used during service shortly thereafter. This depends on the method of service which you use and the local procedures in your area. During your initial filing, you must notify the Court Clerk of how you intend to serve papers on your spouse. Please read through this section carefully and adjust your initial filing accordingly. Based on service laws and procedures, you cannot personally serve your spouse with any documents. You cannot personally give your spouse copies of any documents. You cannot personally deliver any documents to his or her home or work. You cannot personally mail any documents to your spouse. The nature of service provides that there is always a third-party adult involved. This is a person who is at least eighteen (18) years old who does not have any direct interest or gain from your legal action. (You and your spouse each have direct interest.) As such, unless otherwise specified, if the instructions below direct you to “mail to your spouse” a document – you must obtain the services of a third-party adult. This can be a co-worker, neighbor, etc. Courts often accept relatives and friends as qualifying third-parties, but the closer the person is to you – the greater the possibility that their possible interest in the legal action may come under question. (This is highly unlikely, but it can disrupt your legal action.) If one type of service fails, in order to continue with the legal action, you must try again. You can try the same method of service, or attempt a different method. Early in the filing process, a Writ of Summons will be issued by the Court (see below). This document is only valid for 60 days. If you cannot properly serve your spouse in this timeframe, you may need to ask the Court to issue another Writ. Work with your Court Clerk if this becomes necessary. Some counties have alternate service procedures available if you make worthwhile efforts but cannot ultimately locate your spouse or if he or she does not cooperate with the traditional methods listed below. These alternative methods may involve Posting or Publication. Work with your local Court Clerk and/or a Sheriff if you need to attempt alternative service methods. If you need to serve a party who is in jail or prison, work with your local court clerk to fulfill proper service procedures. Our company does not have information regarding these special procedures.

 

NOTE: Preliminary financial/asset documents will be shared between the parties. If you and your spouse wish to waive the requirement to share the final version of financial/asset documents, sign the Stipulation and Waiver of Final Declaration of Disclosure document (FL-144). Include this signed document when you send the preliminary financial/asset documents to your spouse.

 

COMMON METHODS OF SERVICE (three options) Method A. Private Process Service – Your initial filing will consist of:  prepared set of initial divorce documents (FL-100, FL-110, and FL-105 (if applicable))  copied set of prepared initial divorce documents File the prepared set of initial divorce documents with the Court Clerk of the local Superior Court. Notify the Clerk that you are filing for divorce. Pay the filing fee. Notify the Clerk that you have also brought a copied set of the documents. The Clerk will issue a case number and add the number to your documents. Notify the Clerk that you will be serving your spouse by Private Process. The Clerk should sign and/or stamp the Summons document and provide an official copy to you. This is commonly known as a Writ of Summons. In some counties, the Clerk will provide this to you immediately. In other counties, the Clerk will issue a separate Writ of Summons within 5 to 10 days and mail the document to you. The Clerk should return to you the copied set of prepared initial divorce documents after adding your case number to the documents. If the Clerk did not add your case number to the copied set, add it yourself.

 

NOTE: Do not leave the Clerk’s office without your case number.

 

 

For the remainder of this legal action, this case number must appear on every document before it is filed with the Court or served on your spouse. When you return home, add your case number to every document, including any blank copies which will be provided to your spouse. When you have obtained the signed/stamped Writ of Summons, make two copies. One of these copies is for your personal records. Gather together:  Copied set of prepared initial divorce documents (FL-100, FL-110, and FL-105 (if applicable))  Copied set of prepared preliminary financial/asset documents (FL-140, FL-142, FL-150)  Two blank Property Declaration documents (FL-160)  Two blank Property Declaration Continuation documents (FL-161)  Blank UCCJEA document (FL-105) (if applicable)  Two blank sets of the financial/asset documents (FL-140, FL-142, FL-150)  Blank Declaration Regarding Service of Declaration of Disclosure and Income and Expense Declaration document (FL-141)  Stipulation and Waiver of Final Declaration of Disclosure document (FL-144) – 1 total (if applicable)  Blank Response document (FL-120)  Instructions for the Respondent  Original signed/stamped Writ of Summons These papers must now be served by an adult who is not involved in the legal action. As such, you cannot serve the documents on your spouse. Two options: (1) Ask a personal acquaintance. Ask a co-worker, neighbor, or friend to serve these papers on your spouse. Work with this party to prepare the Proof of Service of Summons document (FL- 115). This document will be signed after service is completed. The server will need to hand the divorce documents directly to your spouse and notify them that they are being served. If service is being conducted at your spouse’s home, the server can leave the documents with a roommate or relative of your spouse, as long as this person lives in the same residence. Once service is completed, the server will need to finish the Proof of Service of Summons document (FL-115) if it is not already fully prepared. The server should then sign the document and return it to you. (2) Hire a professional process server. There are companies which can be hired to serve legal documents. These companies are used by many parties of legal actions and by attorneys too. A fee will be involved, and the fee usually increases with the distance that the server has to travel to reach your spouse. As such, you may wish to use a server who is located near your spouse’s home or work. Process server companies usually use their own Affidavit of Service or Proof of Service documents. Therefore, you may not need the Proof of Service of Summons document (FL-115) provided by our company. Once service is completed, the server will return to you some type of completed and signed Affidavit (or Proof) of Service document. Regardless of who serves the documents on your spouse, once the server has completed, signed, and returned a Proof of Service of Summons document (FL-115) (or similar proof), make a copy for your personal records. Attach the original signed Proof of Service of Summons document (FL-115) (or similar proof) to a copy of the Writ of Summons. These are your completed service documents which will prove that service was properly conducted. They will be filed shortly.

 

Method B. Certified Mail – This method can only be used if your spouse will cooperate by accepting a certified mailing and signing and returning receipts which help prove that the documents were received. Your initial filing will consist of:  Prepared set of initial divorce documents (FL-100, FL-110, and FL-105 (if applicable))  Copied set of prepared initial divorce documents File the prepared set of initial divorce documents with the Court Clerk of the local Superior Court. Notify the Clerk that you are filing for divorce. Pay the filing fee. Notify the Clerk that you have also brought a copied set of the documents. The Court Clerk will issue a case number and add the number to your documents. Notify the Clerk that you will be serving your spouse by Certified Mail. The Clerk should sign and/or stamp the Summons document and provide an official copy to you. This is commonly known as a Writ of Summons. In some counties, the Clerk will provide this to you immediately. In other counties, the Clerk will issue a separate Writ of Summons within 5 to 10 days and mail the document to you. The Clerk should return to you the copied set of prepared initial divorce documents after adding your case number to the documents. If the Clerk did not add your case number to the copied set, add it yourself.

 

NOTE: Do not leave the Clerk’s office without your case number. For the remainder of this legal action, this case number must appear on every document before it is filed with the Court or served on your spouse. When you return home, add your case number to every document, including any blank copies which will be provided to your spouse. When you have obtained the signed/stamped Writ of Summons, make two copies. One of these copies is for your personal records. Gather together:  Copied set of prepared initial divorce documents (FL-100, FL-110, and FL-105 (if applicable))  Copied set of prepared preliminary financial/asset documents (FL-140, FL-142, FL-150)  Blank UCCJEA document (FL-105) (if applicable)  Two blank sets of the financial/asset documents (FL-140, FL-142, FL-150)  Blank Declaration Regarding Service of Declaration of Disclosure and Income and Expense Declaration document (FL-141)  Stipulation and Waiver of Final Declaration of Disclosure document (FL-144) – 1 total (if applicable)  Blank Response document (FL-120)  Instructions for the Respondent  Original signed/stamped Writ of Summons Obtain a large envelope. Address the envelope to your spouse’s home. Do not add a return address. Put these documents into a large envelope but do not seal the envelope. These papers must now be served by an adult who is not involved in the legal action. As such, you cannot serve the documents on your spouse. Ask a co-worker, neighbor, or family friend to accept the responsibility of mailing these documents to your spouse. Provide to this “sender” the unsealed envelope full of documents, two copies of the Notice and Acknowledgment of Receipt document (FL-117), and one copy of the Proof of Service of Summons document (FL-115). The sender should add his or her mailing address to the envelope as the return address.

 

The sender must verify which documents are being included in the mailing. As such, he or she should remove all of the documents, flip through them, and verify which documents are being provided by completing both copies of the Notice and Acknowledgment of Receipt document (FL- 117). This verification does not need to be done in private. If you wish, sit with the sender while he or she flips through these pages and completes the Notice with all of the necessary details (blank copy and prepared copy of document FL-140 – check, blank copy and prepared copy of document FL-142 – check, etc.). The sender can complete most of the Proof of Service of Summons document (FL-115) at the same time, as it contains many of the same details. This document should not be signed yet. When both of the copies of the Notice document have been completed by the sender, he or she should gather one prepared Proof of Service of Summons document (FL-115) and one prepared Notice and Acknowledgment of Receipt document (FL-117). The other Notice should be put with the papers which are being served back into the envelope. Seal the envelope. The sender should then take the envelope to the post office and sent it by certified mail, restricted delivery, return receipt requested. Again, this does not need to be a private effort, you can go with the sender to the post office – you simply cannot mail the documents yourself. The post office should issue a receipt (or receipts) for this mailing. Keep all of the receipts / paperwork associated with this mailing. Once the mailing is done, the sender should have one prepared Proof of Service of Summons document (FL-115), one prepared Notice and Acknowledgment of Receipt document (FL-117), and receipts of the certified mailing. He or she can now sign the Proof of Service of Summons document (FL-115), and provide these remaining documents to you. Make a copy of the Proof of Service of Summons document (FL-115). This copy, along with the copy of the Notice and the receipts from the certified mailing are for your personal records. Upon delivering the certified mail, the postal worker will have your spouse sign a green return receipt. The post office will then send that signed receipt to the return address provided (the sender’s). Your spouse will need to complete and/or sign the lower half of the Notice and Acknowledgment of Receipt document (FL-117). Your spouse should then make a copy of the document (for his or her personal records) and return the original signed document to the sender. This can be done by regular mail or handed over in-person.  The sender will now be waiting to receive the signed return mailing receipt from the postal service, and the signed copy of the Notice document from your spouse. The sender should provide these documents to you when they arrive. Gather together:  Green return mail receipt (signed by your spouse)  Original Notice and Acknowledgment of Receipt document (FL-117) (signed by your spouse)  Original Proof of Service of Summons document (FL-115) (signed by the sender) Attach these documents to the copy of the Writ of Summons. These are your completed documents which will prove that service was properly conducted. They will be filed shortly.

 

Method C. Sheriff – Depending on local procedures, your initial filing may consist of:  Prepared set of initial divorce documents (FL-100, FL-110, and FL-105 (if applicable))  Copied set of prepared initial divorce documents  Copied set of prepared preliminary financial/asset documents (FL-140, FL-142, FL-150)  Blank UCCJEA document (FL-105) (if applicable)  Two blank sets of the financial/asset documents (FL-140, FL-142, FL-150)  Blank Declaration Regarding Service of Declaration of Disclosure and Income and Expense Declaration document (FL-141)  Stipulation and Waiver of Final Declaration of Disclosure document (FL-144) – 1 total (if applicable)  Blank Response document (FL-120)  Instructions for the Respondent Bring this collection to your initial filing. File the prepared set of initial divorce documents with the Court Clerk of the local Superior Court. Notify the Clerk that you are filing for divorce. Pay the filing fee. Notify the Clerk that you have also brought a copied set of the documents. The Court Clerk will issue a case number and add the number to your documents. Notify the Clerk that you want the Sheriff to serve your spouse. Pay the service fee.

 

NOTE: Do not leave the Clerk’s office without your case number.

 

For the remainder of this legal action, this case number must appear on every document before it is filed with the Court or served on your spouse.

Add your case number to every document, including any blank copies which will be provided to your spouse. The Clerk should sign and/or stamp the Summons document and provide an official copy to you. This is commonly known as a Writ of Summons. In some counties, the Clerk will provide this to you immediately. In other counties, the Clerk will issue a separate Writ of Summons within 5 to 10 days and mail the document to you. When you have obtained the signed/stamped Writ of Summons, make one copy for your personal records. Local procedures may affect the service process. In some counties, the Court Clerk will take the remaining collection of documents from you and forward the entire collection (along with an original Writ of Summons) directly to the Sheriff. In other counties, after the Clerk provides you with the Writ of Summons (immediately or within 5 to 10 days), you will have the responsibility to take the Writ of Summons and the collection of documents to the Sheriff’s Department. Likewise, in some counties the Sheriff will only take responsibility for serving the initial set of divorce documents (Petition, Summons, UCCJEA and Response). If this is the case, you will need to serve the prepared copy and a blank copy of the preliminary financial/asset documents to your spouse by one of the other two methods of service explained above. You must follow the local procedures. Therefore if you plan on using the Sheriff to conduct service, you may wish to contact your local Court Clerk or the Sheriff’s Department to learn more about the local procedures before you decide to use this method of service. Once the Sheriff has successfully served your spouse, he will send a “Return of Service” to the Court. This is signed proof that the documents were properly served. Typically, no notification will be sent directly to you. As such, you must contact the Court occasionally and ask if service has been accomplished. This may take several days or even several weeks. If the Sheriff served the preliminary financial/asset documents on your spouse, you will not need any separate completed and signed documents proving service. If you were required to serve the preliminary financial/asset documents on your spouse by other means, you must have proof of that service for the Court. Use the appropriate service instructions above as a guide to obtaining such proof.

 

Law Offices of Don Glass in Torrance

$695 Flat Legal Fee- California Statewide

877-631-4644

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  1. ONCE SERVICE IS PROPERLY COMPLETED Documents used in this section:  completed documents proving proper service  Declaration Regarding Service of Declaration of Disclosure and Income and Expense Declaration document (FL-141)  Stipulation and Waiver of Final Declaration of Disclosure document (FL-144) – 1 total (if applicable)

 

NOTE: Make a note of the date when your spouse was properly served. This is the official date when either (a) a third-party successfully served the documents in-person, (b) the certified mailing reached your spouse, or (c) the Sheriff successfully served the documents in-person. (If alternative service methods were used, please work with your local Court Clerk to determine the official date of service.) Once the prepared preliminary financial/asset documents (along with the blank sets) have been provided to your spouse, complete and sign the Declaration Regarding Service of Declaration of Disclosure and Income and Expense Declaration document (FL-141), identifying yourself as the Petitioner and stating that a copy of the preliminary financial documents have been served upon the Respondent (your spouse).

NOTE: Line 4 of this Declaration document can be used to show the party’s desire to skip the final set of financial documents. Mark this checkbox if you wish to skip such disclosures. The Stipulation and Waiver of Final Declaration of Disclosure document (FL-144) should also be signed by both parties. (If your spouse cooperates fully and also marks these waivers, then neither party has to prepare a second set of financial/asset documents.) Make a copy of this prepared Declaration document for your personal records. File your original Declaration Regarding Service of Declaration of Disclosure and Income and Expense Declaration document (FL-141), and the completed documents which prove service with the Court Clerk of the local Superior Court. The Clerk may provide you with a “file-stamped” copy for your records. Your spouse must now prepare his or her preliminary financial/asset documents, including copies of his or her three most recent pay stubs and most recent federal income tax return, and make one copy of the set. This copied set will need to be provided to you (likely by certified mail). The original set of prepared financial/asset documents is for your spouse’s records. Once your spouse has provided to you the copied set of the preliminary financial/asset documents, he or she will need to complete and sign the Declaration Regarding Service of Declaration of Disclosure and Income and Expense Declaration document (FL-141), and make a copy of this document for his or her personal records. Your spouse will need to sign the Stipulation and Waiver of Final Declaration of Disclosure document (FL-144) if the parties agree to waive the requirement to share a set of final financial/asset documents.

 

  1. PROCESS BASED ON CIRCUMSTANCES AND RESPONSE FROM YOUR SPOUSE

 

 Documents used in this section:  Income and Expenses Declaration document (FL-150)  Property Declaration documents (FL-160 or the Property Declaration Continuation documents (FL161))  Appearance, Stipulations, and Waivers document (FL-130) (depending on circumstance)  Request to Enter Default document (FL-165) (depending on circumstance)  Final set of financial/asset documents (depending on circumstance) If your spouse wishes to cooperate fully, he or she will complete and sign the Response document (FL120). This document will show the Court whether he or she disagrees with any of your claims or requests. Your spouse should then make two copies. One copy is for his or her personal records. The other copy should be mailed to you, making you aware of how and when he or she responded your spouse will then file the original signed Response document (FL-120) along with his or her original signed Declaration Regarding Service of Declaration of Disclosure and Income and Expense Declaration document (FL-141) with the Court. These documents can be filed by your spouse in- person or mailed directly to the Court. NOTE: If your spouse disagrees with any of your claims in the Petition, or decides to fight this action, your divorce is no longer uncontested. You should contact a licensed attorney in your area immediately for proper legal advice.

 

NOTE: If your spouse is in the active military, he or she must be willing to cooperate fully and must complete and file an Appearance document (see below). Other variations to the requirements may also exist. Be sure to work with your local Court Clerk to ensure that all requirements are met. In some situations where a spouse is in the active military, a licensed attorney may be needed. If your spouse was served in California, he or she has 30 days from the date of service to file his or her response. If your spouse was served in the United States but outside of California, he or she has 60 days to respond. If your spouse was served outside the United States, he or she has 90 days to respond. When you receive your spouse’s response, or once the appropriate waiting period has expired and there is no response, proceed as follows:

  1. SPOUSE DID NOT FILE A RESPONSE, THERE IS NO MSA You do not have to prepare a set of final financial/asset documents. Prepare and sign the Request to Enter Default document (FL-165). Prepare and sign another Income and Expenses Declaration document (FL-150). You can use the copy which you previously prepared as a foundation, adding updated details as needed. Attach one copy of your three most recent pay stubs and one copy of your most recent federal income tax return. If there is any property (community or separate) or debts (community or separate), this information must be given to the court. If any exist, these assets and debts should be listed within the Property Declaration documents (FL-160 or the Property Declaration Continuation documents (FL-161)). This Property Declaration document is very similar to the Schedule of Assets and Debts document (FL- 142). Make three copies of the signed Request to Enter Default document (FL-165), the prepared Income and Expenses Declaration document (FL-150), and the Property Declaration documents (FL-160 or the Property Declaration Continuation documents (FL-161)). Obtain a large envelope. Use the Court’s address for the return address on the envelope. Address the envelope to your spouse (using a last-known address, if necessary). Put one copy of the set of these documents (FL-165, FL-150, and usually FL-160) inside the envelope.

Do not seal the envelope. Take the unsealed envelope (with documents inside) to the post-office and obtain the proper first- class postage.

Do not mail the envelope. Remove the documents from the envelope, and take all three sets of Default documents to the Court. The Court Clerk will sign and/or stamp the documents and add details, as needed. One copy of the documents will be put into the envelope. It will then be sealed and mailed to your spouse. One copy is usually kept by the Court. The last copy is usually provided to you for your personal records. You may discard any blank copies of the financial/asset documents which have not yet been prepared.

 

  1. SPOUSE DID NOT FILE A RESPONSE, A MSA WILL BE SIGNED BY BOTH PARTIES AND WILL BE FILED

 

The final set of financial/asset documents must be prepared unless the parties waived such disclosure (either within the Marital Settlement Agreement (MSA) signed by both of the parties or as part of their preliminary financial/asset documents). Review the instructions for the final financial/asset documents procedure (see Section VI below). Complete the procedures for the final financial/asset documents, if applicable. You now have two options:

Default or Appearance

  1. Default Prepare and sign the Request to Enter Default document (FL-165). Make three copies of the document. Obtain a large envelope. Use the Court’s address for the return address on the envelope. Address the envelope to your spouse (using a last-known address, if necessary). Put one copy of the Request to Enter Default document inside the envelope.

Do not seal the envelope. (If you are providing a final set of financial/asset documents: Add a copy of this prepared set into the envelope. From your previous service, your spouse should already have a blank set of financial documents for his or her preparation of a final set. Your final Declaration Regarding Service of Declaration of Disclosure and Income and Expense Declaration document (FL-141) should be prepared but not yet signed or dated.) Take the unsealed envelope to the post-office and obtain the proper first-class postage.

Do not mail the envelope. Remove all of the documents from the envelope. Take all three sets of Default documents (plus the copy of financial/asset documents, plus the final Declaration document (FL-141), if applicable) and the envelope to the Court. The Court Clerk will sign and/or stamp the Default documents and add details, as needed. A copy of the Default documents will be put into the envelope. (The sole copy of the final financial/asset documents will be put into the envelope, if applicable – but not the final Declaration document (FL-141).) The envelope will then be sealed and mailed to your spouse. One copy of the Default documents is usually provided to you for your personal records.

(If you are providing a final set of financial/asset documents: Sign and date the Declaration Regarding Service of Declaration of Disclosure and Income and Expense Declaration document (FL-141). File this document with the Clerk before leaving.) You may discard any blank copies of the financial/asset documents which have not yet been prepared.

 

  1. Appearance (If you are providing a final set of financial/asset documents:

These documents must be properly served on your spouse. Serve this final set of financial/asset documents according to the traditional service instructions provided far above. From your previous service, your spouse should already have a blank set of financial documents. After the service of the prepared final financial/asset documents is complete, you should prepare, sign and date your final Declaration Regarding Service of Declaration of Disclosure and Income and Expense Declaration document (FL-141).) Prepare the Appearance, Stipulations, and Waivers document (FL-130). Both you and your spouse must sign and date this document. This is one of the few documents which can be directly delivered to your spouse by you, without the assistance of a third-party.

(If you are providing a final set of financial/asset documents: Since you must meet with your spouse to obtain his or her signature on the Appearance document, or since this document must be signed by your spouse and mailed back you, your spouse can provide his or her completed and signed final Declaration document (FL-141) at the same time, if it’s convenient and if you agree to file the document for your spouse. Otherwise, your spouse should promptly file it.) Once signed by both parties, make copies for each party’s records, then file the original signed Appearance document with the Court, along with your original signed final Declaration document (FL-141), if applicable.

NOTE: An additional small filing fee may be required when the Appearance document is filed. As such, most parties decide to use the Default process instead.

 

  1. SPOUSE FILED A RESPONSE IN Torrance

The final set of financial/asset documents must be prepared unless both of the parties waived such disclosure within their preliminary Declaration Regarding Service of Declaration of Disclosure and Income and Expense Declaration documents (FL-141), and/or within the Stipulation and Waiver of Financial Declaration of Disclosure document (FL-144), and/or within a Marital Settlement Agreement (MSA) signed by both of the parties (if applicable). Review the instructions for the final financial/asset documents procedure (see Section VI below). Complete the procedures for the final financial/asset disclosure documents, if applicable.

(If you are providing a final set of financial/asset documents: These documents must be properly served on your spouse. Serve this final set of financial/asset documents according to the service instructions provided far above. From your previous service, your spouse should already have a blank set of financial documents. After the service of these documents is complete, you should prepare, sign and date your final Declaration Regarding Service of Declaration of Disclosure and Income and Expense Declaration document (FL-141).) Prepare the Appearance, Stipulations, and Waivers document (FL-130). Both you and your spouse must sign and date this document. This is one of the few documents which can be directly handed or mailed to your spouse by you, without the assistance of a third-party. Once signed by both parties, copies should be made for each of the party’s records, then file the original signed Appearance document with the Court. Include your original signed final Declaration document (FL-141) (if applicable).

NOTE: An additional small filing fee may be required when the Appearance document is filed. As such, most parties decide to use the Default process instead.

Fast Uncontested Divorce

 

  1. FINAL SET OF FINANCIAL/ASSET DOCUMENTS

 

 A final set of financial/asset documents may or may not be needed, depending on certain circumstances and whether your spouse files a response to this legal action. Thoroughly review this section as well as Section V above before preparing a final set of financial/asset documents – as they may not be needed.

The final financial disclosure can be skipped if either of the following exists:

 (a) You and your spouse specifically agree to waive (skip) the final Declaration of Disclosure in writing. This arrangement can be stated within the preliminary Declaration Regarding Service of Declaration of Disclosure and Income and Expense Declaration documents (FL-141), and/or within the Stipulation and Waiver of Financial Declaration of Disclosure document (FL-144), and/or within a Marital Settlement Agreement (MSA) signed by both of the parties (if applicable); or

(b) Your spouse never responded to your Petition and has not signed a Marital Settlement Agreement. In short, if they are not actively cooperating or responding to this legal action, then you are not required to continue sending financial documents.

 

The remainder of this section only applies if you are preparing and filing a final set of financial/asset documents: The same basic financial/asset documents are used as before. Both you and your spouse should now have a blank set of the following documents:

 Declaration of Disclosure document (FL-140)  Schedule of Assets and Debts document (FL-142)

 Income and Expenses Declaration document pages 1-3 (FL-150)  Declaration Regarding Service of Declaration of Disclosure and Income and Expense Declaration document (FL-141) The final declaration typically includes updated information as well as greater detail of property and debt values. The final set will also need to include (a) a statement of the value of all marital assets, (b) a statement itemizing all debts of the parties, and (c) a list of investments which the parties have made and the profits of each. These statements are to be typed and signed. Each party must complete a set of the financial/asset documents (FL-140, FL-142, FL-150) (this time marked final), add the extra typed statements noted above, make a copy set of all documents, keep the originals for his or her records, and mail the copy to the other party. After each party completes the mailing, he or she should prepare another Declaration Regarding Service of Declaration of Disclosure and Income and Expense Declaration document (FL-141), marked final. A copy of the Declaration will be kept in that party’s records, the original signed Declaration document should be filed in Court. Your spouse can file this original signed Declaration document as soon as possible, in-person or mailed to the Court – in the same manner as the preliminary Declaration was filed. You can either file your Declaration document with the Court immediately, or simply include it in your next filing.

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Some parties take the last set of documents to an attorney for review prior to filing the documents in Court. Gather the following documents:

 Declaration for Default or Uncontested Dissolution or Legal Separation document (FL-170) (if applicable)  Notice of Entry of Judgment document (FL-190)

 Judgment document (FL-180)

 Signed Marital Settlement Agreement (MSA) (if applicable)

 Two large envelopes with first-class postage (if applicable)

 Local documents for scheduling a Hearing (if applicable)

 Prepared and signed final Declaration Regarding Service of Declaration of Disclosure and Income and Expense Declaration document (FL-141) (if applicable and if not already filed)  Stipulation and Waiver of Final Declaration of Disclosure document (FL-144) (if applicable) If you are using and filing a Marital Settlement Agreement, be sure that the agreement is signed by each party in the presence of a Notary Public. (The parties do not have to sign the Agreement at the same time, at the same location, nor in front of the same Notary.) Very early in the filing process, the Petition document and Summons document were served on your spouse. You were asked to note that date. Find that detail. Prepare the Notice of Entry of Judgment document (FL-190). Within the box in the lower half of the document, a question asks for the effective date of termination for the marital status:

(a) If six months have not yet passed from the date of service, the termination date which you enter on this Notice document must be at least six months and one day later than the date of service. (For example, if you served your spouse on January 1, and it is currently sometime before July 1, the earliest termination date you can use on this Notice document would be July 2.)

(b) If six months have already passed since the date of service, leave this question unanswered. The Court will add the appropriate date. Be sure that the bottom of the document includes the correct addresses for you and your spouse. Make a copy of this document for your records. Prepare the Judgment document (FL-180). Mark the checkboxes based on the terms which appear within your Petition and MSA (if applicable), as well as details of your service and filing, as applicable. This document will be signed by a Judge or other Court officer. If you have a Marital Settlement Agreement which has been signed by both parties, attach it to the Judgment document (FL180). Make three copies of the set. Generally, one copy will eventually be returned to you for your personal records, one copy will be provided to your spouse for his or her personal records, and the Court will keep the original document set and one copy of the document set for their own files. Have the original and at least one copy of each of the remaining documents listed above available – the Notice of Entry of Judgment document (FL-190), and the applicable Hearing or Declaration documents as noted below. You must decide whether to request that your judgment be handled at a Hearing or by Declaration.

 

 

 Your divorce is approved and is final.

 Your divorce is denied. Review the section below which explains possible reasons for a divorce action to be denied.

 The Judge has determined that a Hearing is required. A Hearing will be scheduled and you are required to attend.

(See the related details above)

 

 

If there is a problem with your documents, a letter or notice from the Court Clerk will be sent and should identify the nature of the problem. Such a notice usually identifies one or two small problems and provides the opportunity to quickly resolve the issue. If the problem is very serious in nature, the Court may deny your divorce action entirely. Work with your Court Clerk to resolve the problem and have your divorce action re-evaluated by the Court, if possible. You should also consider working with a Court facilitator or a licensed attorney if there are many problems with your action or if you are unable to quickly fix the problems. Some of the possible causes are listed below.

 A document is missing (or several documents are missing). Check these instructions as well as any instructions which your local Court Clerk may have provided. Confirm whether the referenced document was or was not filed – it is always possible that a filed document was misplaced by the Clerk’s office. Since you should have a copy of all filed documents in your personal records, you should be able to make a copy for the Court or supply them with another signed original. As previously noted, local procedures and documents may vary. As such, a missing document may be a local variation and beyond the scope of these instructions and documents. Work with your local Court Clerk to provide the correct document and get your divorce action moving forward again.

 The information within your documents is unclear. Some Courts may be very particular about the details of assets or property. Please work with your Court Clerk to clarify any details which the Court needs.

 The Judgment document includes property and/or debts which are different than those listed in your Petition document (FL-100) or the Property Declaration document (FL-160) – unless you specifically identified in those documents that you could not determine the value of certain assets.

 The division of property or debts within the property division documents or the MSA seems unfair.

 You have not provided enough financial details to properly determine child support or spousal support (alimony).

 You have a case with a local child support agency and you did not obtain approval of the child support terms or value stated within the divorce documents.

 The Judge does not have written proof that the Summons document and Petition document were properly served on your spouse.

 The Court is asking for a Hearing.

Though requested by the parties, the Court decides whether or not a final Hearing should be held. If one is required, review the related instructions above and work with your Court Clerk to schedule a Hearing, provide proper Notice to your spouse, and attend the Hearing.

 

 

  1. WHEN IS THE DIVORCE OFFICIAL AND WHAT DO I DO THEN?

 

Your divorce may not be finalized by the Court for several weeks or months. The Judge will sign and stamp your filed Judgment document and return a copy to you.

 Unless it has already been specified, contact the Court Clerk to learn whether your spouse was sent a signed/stamped copy of this final set as well. Unless the Court handled this, it is your responsibility to serve a copy set to your spouse. This is typically handled by certified mail.

 If real estate is being transferred, you must sign and record any deed documents related to the transfer. Work with your local government (typically a Land & Tax Office) to complete the procedure.

 If motor vehicles are being transferred, you must complete certain Department of Motor Vehicles documents to change the titles.

 If either party is to receive a portion of the other party’s future retirement benefits, a Qualified Domestic Relations Order document (QDRO) should be prepared and filed in Court. Contact a licensed attorney in your area to properly prepare and file this document.  Change your will.

 Close all joint credit card accounts and bank accounts. Open new accounts which do not involve your documenter spouse.

 If you need to adjust your tax withholdings, notify your employer that you are no longer married and that your withholdings should be adjusted.

 You and your spouse can agree to change any of the terms of the divorce in the future. Contact your local Court Clerk, facilitator, mediator or a licensed attorney to obtain the proper documents and learn about the procedure.

 If you want to adjust some terms, but your spouse disagrees, you may still be able to make certain changes. They will need to be a significant change required and you must be able to show significant evidence to the Court. Contact your local Court Clerk, facilitator, mediator or a licensed attorney to obtain the proper documents and learn about the procedure.

 

 

Law Offices of Don Glass in Torrance

$695 Flat Legal Fee- California Statewide

877-631-4644

www.CaliforniaOnlineDivorceAttorney.com
www.AttorneyPreparedDivorceForms.com
www.695DivorceAttorney.com
www.OnlineDivorcePro.site

 

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