Starting your Divorce, Legal Separation, or Nullity Case

FL-110, Summons

The Summons tells your spouse that you've started a court case and that they have 30 days to respond.  Page 2 of this form has important information about the restraining orders that are effective against both spouses once the Summons is filed.  These include restraints on giving away or hiding money and property, changing insurance beneficiaries, taking the children you have with your spouse out of state, or getting the children a new passport.

• Top of Page 1:  Your Spouse is the Respondent, and you are the Petitioner.
• Bottom of Page 1:
  • Item 1:  Enter the name and address of the court in Visalia or Porterville, where you intend to file your documents:
    • County Civic Center, 221 S. Mooney Blvd., Visalia, CA  93291
    • South County Justice Center, 300 E. Olive Ave., Porterville, CA  93257
  • Item 2:  Enter your name, address and telephone number.

FL-100, Petition—Marriage/Domestic Partnership

The Petition asks for basic information about your marriage and the types of orders you want the court to make, such as child support, spousal support, and property control.

• Top of Page 1: Enter your name, address and telephone number, plus court address.  You are the Petitioner, and your spouse is the Respondent.
  • Mark the box for Dissolution (Divorce), Legal Separation, or Nullity, and the box for Marriage and/or Domestic Partnership.
• Item 1:  Mark the boxes that apply to your relationship.
• Item 2:  Mark the boxes that indicate you satisfy the residency requirements for filing. 
  • Note:  These residency requirements do not apply to annulments; you just need to live in California when you file.
• Item 3:   Provide statistical facts of the relationship, including date of marriage/registration,  date of separation, and length of the relationship in terms of years and months.
• Item 4:  Check the box that applies to you.  If you have minor children with your spouse, add the child’s name, date of birth, and age.
  • If you marked 4(b), you must attach form FL-105, Declaration Under UCCJEA (see below for details).
  • Mark (e) if you and your spouse signed a Voluntary Declaration of Parentage (VDOP) for any children born prior to the marriage.  To obtain a copy of the VDOP, go to https://parentage.dcss.ca.gov/.  Attach the VDOP to the Petition.
• Item 5:  Mark the legal grounds for the divorce, legal separation, or nullity. 
• Item 6:  Mark the box for the orders you are requesting related to custody and visitation.
  • Legal custody refers to the right to make decisions about a child's health, education, and welfare.
    • Joint legal custody means the parents share these decision-making responsibilities regarding the children.
  • Physical custody refers to the actual time a child spends with a parent.
    • Joint physical custody means that each parent has significant periods of physical custody.  This does not necessarily mean that the parents will share equal time but assures that the child has frequent and continuing contact with both parents.
• Item 7(d):  Mark this box if you are requesting other child support orders not listed in (a) through (c).
• Item 8:  Mark the box for the orders you are requesting related to spousal support.
• Items 9 & 10:  Enter details on separate and community property, and community debts.
  • You may attach a Property Declaration (FL-160).  See Step 4 for definitions of separate and community property, and for more information about form FL-160.
  • If you haven’t identified the separate property, community property, and community debts, you may enter “To be determined”.
• Item 11(b):  If you changed your name when you got married and want to change it back, enter your maiden name here.
• Bottom of page 3:  Date, print your name, and sign.

FL-105, Declaration under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)

Complete this form only if you have minor children (under age 18) with your spouse.  This form tells the court where your children were born, who they live with, and if there are any other court cases involving them.

• Top of Page 1:  Enter your name, address and telephone number, plus court address.  You are the Petitioner, and your spouse is the Respondent.
• Item 1:  Mark the box indicating you are a party in the case.
• Item 2:  Enter the number of children you have with your spouse, then list each child’s name, date of birth, and place of birth, starting with the oldest child first.  If you have five or more children, attach an additional page with the requested information.
• Item 3:  Children’s address history
  • Mark (a) if there is only one child with your spouse, or if all the children listed in Item 2 lived together for the past 5 years.
    • List the dates of residence, city/state, the person the child(ren) lived with, and their relationship to the child(ren).
    • If you need additional space for more addresses, attach an additional page with the requested information. 
  • Mark (b) if there is more than one child and all the children listed in Item 2 have not lived together for the past 5 years.  You will then complete form FL-105(A, Attachment to Declaration Under UCCJEA (see below for details)
• Items 4 through 6:  Enter information about custody and visitation proceedings, domestic violence or protective orders that are in effect, and any persons not a party to the proceeding that have physical custody or visitation with any child in the case.
• Item 7:  Indicate the number of attached pages.
• Bottom of Page 2:  Date, print your name, and sign.

FL-105(A), Attachment to Declaration Under UCCJEA

If you marked Item 3(b) on form FL-105, complete this attachment form which asks for the residency information for each child.  Make copies of this form as needed for additional children.

Once the Summons and Petition are filed to start your divorce / legal separation / nullity case, either party can ask the judge to make temporary orders prior to entry of judgment.  For example, you can ask for child custody and visitation orders or support orders (child, family, or spousal) by filing Form FL-300, Request for Order.  You may file your Request for Order at the same time that you file your Summons and Petition.  Click HERE for instructions on how to complete this form.

Make two copies of the Summons and Petition (and if applicable, the Declaration under UCCJEA and Request for Order).  Take the originals and copies to the Clerk of Court for filing, located inside the courthouses in Visalia and Porterville, at: 

• County Civic Center:  221 S. Mooney Blvd., Room 201, Visalia, CA  93291
• South County Justice Center:  300 E. Olive Ave., Porterville, CA  93257

The Clerk of Court will keep the original forms and return your filed copies.  One copy is for your records, and the other copy is to be served on your spouse.  A Case Management Conference (CMC) hearing will be set within 120 days, where the court will check on the progress of your case.  

The CMC hearing date will be stamped on the first page of your Petition.  In a nullity case, the court will likely set a prove-up hearing at the CMC hearing.

Filing Fees:  There is a $435.00 filing fee for divorce, legal separation, and nullity cases.  If you cannot afford the filing fee, complete forms FW-001, Request to Waive Court Fees  and FW-003, Order on Court Fee Waiver (Superior Court), make one copy for your records, and present them at the time of filing.  These fee waiver forms are also available at the Clerk of Court. 

Your divorce, legal separation, or nullity case cannot proceed until your spouse has been served.  “Service” means someone 18 years or older, other than you, will provide the forms to your spouse (this person is called the server).

The server will serve your spouse the following documents that you filed (Fee Waiver forms do not need to be served):

• FL-110, Summons
• FL-100, Petition—Marriage/Domestic Partnership
• FL-105, Declaration Under UCCJEA (if you have children with your spouse)
• FL-300, Request for Order (if requesting temporary orders)

The server will also serve your spouse with the following BLANK forms:

• FL-120, Response—Marriage/Domestic Partnership
• FL-105, Declaration Under UCCJEA (if you have children with your spouse)
• FL-320, Responsive Declaration to Request for Order (if requesting temporary orders)

Service through the Sheriff’s Office:

You can request that the Sheriff serve the documents for you.  The Sheriff charges a fee, but this is waived if you were granted a Fee Waiver.  Make additional copies for the Sheriff if you are asking them to serve your spouse.  If the Sherriff served your forms, they will complete and file the Proof of Service (see Step 4 below).  For more information, go to the Sheriff’s Civil Services Unit, located at Room 102 of the County Civic Center.

After service has been accomplished, the server must complete and sign form FL-115, Proof of Service of Summons, stating when and where your spouse was served, what documents were provided, and the method of service (in person or by substituted service).  Take the original plus one copy of the Proof of Service of Summons to the Clerk of Court for filing.  The clerk will keep the original and give you back a filed copy for your records.

Financial disclosure, or sharing information about your finances with your spouse, is a requirement for getting a divorce, legal separation, or nullity.  The required forms provide space to show your earnings, expenses, debts, and assets.  You will need your tax returns from the last two years, proof of income for the past two months (for example, pay stubs), and any documents that show what you own (property/assets) and what you owe (debts).  You may also need documents such as mortgage statements, bank account statements, the deed/title to your house or car, credit card statements, and retirement account statements (pension, 401k, IRA).  For nullity cases, a judge can only divide property or order spousal support if one of you thought your marriage was legal.

You and your spouse will use this information to divide your property and debts equally and make decisions about child and spousal support.  Being upfront and truthful can make it easier to work out an agreement with your spouse.  If you hide information, you run the risk of losing property and/or being ordered to pay the other party’s attorney’s fees.  Complete the following forms, which will be served on your spouse:

Disclosure Deadline:

You must serve your spouse with your financial disclosures within 60 days of filing the Summons and Petition, but you can serve your spouse with everything at the same time.  If so, mark the boxes for the additional documents that were served at item 1(d) of the Proof of Service of Summons (FL-115).  If your financial disclosures are served later, the server will need to complete a separate Proof of Service form (see Steps 6 & 7).

FL-140, Declaration of Disclosure

The Declaration of Disclosure is a cover sheet for the financial documents you’ll share with your spouse.  It is served on your spouse but is NOT filed with the court.  Carefully read the instructions in the middle of the page and gather the documents for Items 1 through 6.  

• Top of Page 1:  Enter your name, address and telephone number, plus court address.  You are the Petitioner, and your spouse is the Respondent.  Mark the box for Petitioner and Preliminary, and add the court case number if one has been assigned to you.
• Item 1:  Mark the box that you are attaching either the Schedule of Assets and Debts (FL-142) or the Property Declaration (FL-160).  See below for details about these forms.
  • If you do not have any assets or debts, do not mark the box for Item 1.  Instead, you may enter “No community property or debts”.
• Item 2:  Mark this box indicating that you are attaching a completed Income and Expense Declaration (FL-150).  See below for details.
• Item 3:  Mark this box indicating that you are attaching the last two years of tax returns.
• Items 4 & 5:  Mark the box indicating that you are attaching a statement regarding the value of all assets that are community property or where the community has an interest, and a statement regarding obligations for which the community is liable.
  • If your assets and debts are listed on the Schedule of Assets and Debts (FL-142) or the Property Declaration (FL-160), you may enter “See Item 1”.
  • If you do not have any assets or debts, you may enter “No such assets” and “No such debts”.
• Item 6:  Mark the box indicating that you are attaching a written disclosure of any business or investment opportunities since the date of separation, which stem from opportunities from the date of marriage to the date of separation.
  • If none, you may enter “No opportunity has arisen.”
• Bottom of page:  Date, print your name, and sign.

FL-150, Income and Expense Declaration

The Income and Expense Declaration must be served on your spouse in all cases of divorce, legal separation, or nullity.  Additionally, it must be filed if you have minor children or are seeking spousal support.  Be sure to complete each line.  If you do not have certain income or expenses, you may enter “$0” or “N/A”.  In addition, you must attach copies of your last two months of pay stubs (see boxed text under Item 1 and bolded text at top of Page 2).

• Top of Page 1:  Enter your name, address, telephone number, and court address.  You are the Petitioner, and your spouse is the Respondent.  Add the court case number.
• Items 1 through 4:  Enter details regarding your employment, age, education, tax filing information, and the other party’s income.
• Bottom of Page 1:  Date, print your name, and sign.
• Items 5 through 11:  Enter information about your income from all sources, any deductions, and any assets.
• Item 12:  Enter the names of all people who live with you.  Provide their age, relationship, income, and whether they contribute to your household’s expenses.
• Item 13:  Enter information on the household expenses that you pay.
  • Mark the appropriate box for estimated expenses, actual expenses, or proposed needs.
• Item 14: Enter information about any installment payments or debts not listed in Item 13, such as car payments, credit card bills, court fines, student loans, etc.
• Item 15:  Enter information about Attorney’s fees.
• Page 4:  Child Support Information.  Complete items 16 through 20 only if your case involves child support.
• Item 16:  Enter the number of children you share with the other parent in the case and specify the parenting schedule.
• Items 17 through 19:  Enter information about the children’s healthcare or other expenses, and any special hardships you are facing.
  • If you have children from another relationship in your home, list their names and ages.  Indicate whether these children are with you full time or if physical custody is shared with the child’s other parent.
• Item 20:  Use this space to add any other information you want the court to know concerning child support.

FL-160, Property Declaration

If you have separate property, community property, or community debts, complete the Property Declaration.  Property must be classified as separate property, community property, or quasi-community property, to determine each spouse’s rights and liabilities with respect to a particular asset or debt.  This is an important first step towards the division of property and debts.  Although you are only required to list the assets and debts on this form, you must serve your spouse with copies of deeds, title documents, and the most current account statements.  Pages 1 and 2 are for assets, page 3 is for debts, and page 4 provides instructions on how to complete this form.  Separate Property Declarations must be completed for both community property and separate property.  Property is defined as follows:

• Separate property is property owned by one spouse, and is any property acquired:
  • before marriage,
  • by gift or inheritance,
  • after the date of separation, and
  • after entry of a judgment of legal separation of the parties.
• Community property is real and personal property, acquired by a married person from the date of marriage to the date of separation.  This includes retirement accounts.
  • Community property does not belong to either spouse individually.
• Quasi-community property is property that is owned outside of California that would be community property if it were located in California. 

FL-142, Schedule of Assets and Debts

Instead of filing the Property Declaration, you may file a Schedule of Assets and Debts.  The forms are similar in that they both provide space to list your assets and debts.  The difference is that the Property Declaration can be filed with the court without attachments of financial documents (these are served on your spouse), while the Schedule of Assets and Debts requires the attachment of financial documents, but is not filed with the court.

Have your spouse served with the financial disclosure documents (and any attachments) you completed in Step 5:

• FL-140, Declaration of Disclosure
• FL-150, Income and Expense Declaration
• FL-160, Property Declaration (or FL-142, Schedule of Assets and Debts)

In addition, serve your spouse with blank forms of each form, plus a blank FL-355, Proof of Service by Mail.  This way, your spouse can complete their financial disclosures.

After your spouse has been served with your financial disclosures and blank forms, the server must complete the appropriate Proof of Service form, adding details on what documents were served, and when and how they were delivered.  The server will date, print their name, and sign either the  FL-330, Proof of Personal Service or FL-335, Proof of Service by Mail).  Take the original Proof of Service and one copy to the Clerk of Court for filing.

FL-141, Declaration Regarding of Service of Declaration of Disclosure and Income and Expense Declaration

Form FL-141 tells the court that you’ve complied with the financial disclosure requirement.  Your case cannot proceed to judgment unless this form is filed. 

• Top of Page:  Enter your name, address and telephone number, plus court address.  You are the Petitioner, and your spouse is the Respondent.  Mark the box for Petitioner’s and Preliminary and add the court case number.
• Item 1:  Mark the box for Petitioner.
• Item 2:  Mark the box for Petitioner, and the appropriate box for how service was completed (on your spouse or their attorney, and whether in person or by mail).  Add the date of service.
• Items 3 & 4: Leave blank.
• Bottom of page:  Date, print your name, and sign.

After completing form FL-141, take the original plus one copy to the Clerk of Court for filing.

Your spouse has 30 days to file their Response, starting from the date they were served with the Summons and Petition.  You must wait to see how they will respond before taking further steps towards preparing the judgment.  You are not legally divorced or legally separated until the court enters a judgment in your case.  After completing the Steps 1 through 8 above, see Completing the Judgment in your Divorce, Legal Separation, or Nullity Case for instructions on next steps.