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The person filing is known as the Petitioner and the other side is known as the Respondent.
This is a mandatory waiting period required by California law and no couple can be divorced in Orange County faster than 6 months. You will be able to get all your paperwork turned in to the court and your divorce judgment approved, but the divorce itself will not be final until at least 6 months after starting the case.
Step 1: File Forms
The person filing for divorce (Petitioner) must complete the following forms and file them with the Orange County Family Law Court– Lamoreaux Justice Center.
- Petition for Dissolution of Marriage (form FL-100)
- Summons (form FL-110)
- Family Law Declaration Regarding Related Cases (form L1120)
- Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (form FL-105) – if there are children of the marriage or domestic partnership.
Step 2: Serve The Forms
An adult 18 years or older serves the respondent with the completed forms from step 1 along with two additional blank forms. A Proof of Service of Summons form must be filed with the court to document when and how the respondent was served. The respondent is given 30 days to file his/her response. A response is not required, however, you cannot proceed until you have waited at least 30 days.
- Response (form FL-120 )
- Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (form FL-105) – if there are children of the marriage or domestic partnership
Step 3: Disclose Financial Information
Within 60 days of filing the petition for dissolution (Form FL-100), the petitioner will complete and exchange the following forms:
- Declaration of Disclosure (form FL-140)
- Schedule of Assets and Debts (form FL-142)
- Income and Expense Declaration (form FL-150)
Each party must complete the following forms stating that financial disclosures were exchanged.
- Declaration of Disclosure (form FL-140) – one time for the preliminary exchange and one time for the final or form FL-144 if the final exchange was waived.
- Declaration Regarding Service (form FL-141) – one time for the preliminary exchange and one time for the final.
Do you need temporary court orders for things such as child visitation, child custody, child support, spousal support?
If YES: File a Request for Order
If NO: Within 60 days of filing your Petition for Dissolution, serve the other side all the paperwork you have filed.
Step 4: Finalize the Divorce
Did the other side file a response?
|File Request For Default||Do you have an agreement on ALL issues in the case?|
|Do you have an agreement on ALL issues in the case?|
|No Response and no written Agreement:
Submit Default Judgment for court approval. Petitioner waits 30 days after step 2 is complete and prepares a proposed judgment (Form FL-180) with all other needed forms.
|No Response BUT written Agreement:
Submit Default Judgment for court approval. Petitioner attaches the signed and notarized agreement to the proposed judgment (FL-180) together with all other needed forms.
|File at Issue||Submit Judgment for Court Approval.|
|Trial Setting Conference|
|Mandatory Settlement Conference|