California Divorce Court Forms

FL-100: This is the document that the Petitioner (the first spouse to initiate the divorce case) must file in order to start a divorce case (or Dissolution of Domestic Partnership). In other words, it is the first major divorce document filed by the Petitioner, in which they outline the orders they want in their case. If the Respondent (the other spouse in a divorce case) fails to file a Response (form FL-120) within 30 days of being served the Petition, the case may proceed by Default. In a divorce that proceeds by Default, the Respondent gives up their right to provide input into the case, and a judge will likely grant any orders requested in the Petition. The Petition is filed with the court and served onto the Respondent alongside a Summons (form FL-110) and several possible attachments, depending on the case’s circumstances.

On the Petition’s first page, the Petitioner outlines the statistical facts about the marriage, such as the dates of marriage and separation and whether or not the couple have any minor children together. On the Petition’s second and third pages, the Petitioner fills in the legal grounds for the divorce, requests any child custody, child support, or spousal support (alimony) orders they want, and lists any marital property that needs to be confirmed or divided in the divorce case.

FL-105: If a divorce case involves minor children who are born to the marriage, California law mandates that the children’s parents fill out this form with information regarding the children’s names, ages, and any and all addresses at which they lived within the last 5 years. This is so that the court can determine the proper jurisdiction (court system) in which to make a determination of child custody and visitation in accordance with the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). In other words, parents must use this form to tell the court where the children have lived in the past 5 years, so that a court can, for example, confirm that California State Courts are the correct courts to make custody and visitation orders in a divorce case.

Aside from the children’s name, age, and address information, the back page of this form asks for information regarding any prior court cases or active restraining orders involving the children, as well as name and address information for any third parties that claim custody and visitation rights over the children.

FL-105A: This form serves as an attachment to the Declaration under UCCJEA (form FL-105) and must be used by parents in any divorce cases involving three or more minor children born to the marriage, as the original form only has enough space for two children’s information.

FL-110: The Summons is served onto (given to) the Respondent alongside the Petition. The first page outlines that the Respondent has 30 days to file a Response. If the Respondent fails to do so, their spouse (the Petitioner) can ask the court to decide the case without the Respondent’s input. This type of divorce is referred to as proceeding by “Default.”

The divorce Summons’ second page contains Standard Family Law Restraining Orders, which outline the things neither spouse can do without a written agreement or court order. These include such prohibited actions as hiding or transferring money or property, changing insurance beneficiaries, or taking any minor children born to the marriage out of California.

FL-115: The Petitioner files this form to prove that the Summons and Petition (the first set of divorce paperwork) was given to, or “served” onto, the Respondent according to California law. Per California law, the server can be anyone over the age of 18 who is not a party to the case (i.e., NOT you or your spouse), such as a professional process server, family member, friend, or acquaintance. The server must fill out and sign this form. More specifically, the server must list the date, time, and address at which the other party was served. The server must also provide their contact information in case the court needs to verify the information they provided about how and when the service happened.

Fl-120: This is the document that the Respondent (the other spouse in the divorce case) must file in order to request the orders they want in their divorce case. If the Respondent doesn’t file this document with the court within 30 days of being served the Petition, the case may proceed by Default. If the case proceeds by Default, the Respondent gives up their right to provide input in the case, and the judge may grant whichever orders the Petitioner requests.

The Response is filed with the court and served to the Petitioner alongside a Proof of Service by Mail (form FL-335) and several possible attachments, depending on the case’s circumstances. The form is almost exactly the same as the Petition (form FL-100), with some minor differences in format. As opposed to the Petition, on which the Petitioner requests the orders they want, the Response includes additional space in which the Respondent must explain why they disagree with the Petitioner’s requests, if applicable.

FL-130: This form is only filled out if both spouses file their initial set of paperwork with the court (the Petition and Response). On this form, spouses and their attorneys (if applicable) tell the court whether their case is Contested or Uncontested. In an Uncontested divorce case, both spouses ultimately reach an agreement over the issues in their case. In a Contested divorce case, spouses cannot reach an agreement and must rely on the court (a judge) to make these decisions for them during one or more hearings.

FL-140: The Declaration of Disclosure is a cover sheet that indicates which financial disclosure forms each spouse used to provide their financial information to the other. These financial disclosure forms include information about any and all of the spouses’ assets, debts, income and expenses, tax returns, and business and investment opportunities, interests, and liabilities. This form is not filed with the court. Instead, spouses must complete and serve a preliminary and final version of this form onto each other during their case. If a spouse fails to disclose important financial information, whether by mistake or in an effort to hide money, they can be sanctioned (fined) by a judge.

FL-141: In a divorce case, spouses file this form to prove that the Declaration of Disclosure and attached financial disclosure forms were either served to the other spouse or waived according to California law.

FL-142: Spouses must use either the Schedule of Assets and Debts (form FL-142) or Property Declarations (form FL-160) to disclose every piece of the property they own to one another. For each asset listed on the form, spouses must indicate whether it is separate or community property, the date on which it was acquired, its current value, and any associated debt or encumbrance. For each debt listed, spouses must indicate whether it is separate or community debt, the total amount owed, and the date the debt was incurred.

Spouses must list all of this information so that they can divide their property evenly according to California law. If a spouse fails to disclose important financial information, whether by mistake or in an effort to hide money, they can be sanctioned (fined) by a judge.

Determining the right category for a piece of property, whether separate, community, quasi-community or both separate AND community property, can be quite difficult and overwhelming. However, our Financial Disclosures package uses several tools to help each party make these determinations easily for everything they and their spouse own.

FL-144: After spouses have given each other their Preliminary Declarations of Disclosure (and their associated documents), and if they can agree that they do not need to provide each other with another round of disclosures, spouses can sign this form to get out of having to complete and serve the Final Declaration of Disclosure and associated documents.

FL-150: The Income and Expense Declaration is a financial disclosure document that asks spouses for their employment, education, income, and expense information. Spouses must disclose all of this information to one another alongside their 2 most recent tax returns so that the court can make any necessary determinations of child and/or spousal support (alimony).

FL-157: In divorce cases involving long-term marriages (10+ years), spouses must fill out this form with information detailing their “marital standard of living” (i.e., the lifestyle enjoyed by both spouses during the marriage). This includes information regarding each spouse’s age and health, earning capacity, education and training, financial needs, the standard of living, expenses, assets and debts, and tax consequences.

FL-158: In a divorce case, a spouse can request that the other spouse pays for their attorney’s fees and costs if they can prove that it is within the other spouse’s means to do so. This form allows spouses to provide information either in support of or in opposition to, a request for payment of attorney’s fees.

FL-160: Spouses must use either the Schedule of Assets and Debts (form FL-142) or Property Declarations (form FL-160) to disclose every piece of their property they own to one another. The main difference between this form’s format and the format of the Schedule of Assets and Debts is that spouses can include a proposal for how to divide each asset and debt on the Property Declaration form, but not on the Schedule of Assets and Debts. For each asset listed on the form, the spouse must indicate whether it is separate or community property, the date on which it was acquired, its current value, and any associated debt or encumbrance. For each debt listed, spouses must indicate whether it is separate or community debt, the total amount owed, and the date the debt was incurred.

Spouses must list all of this information so that they can divide their property evenly according to California law. If a spouse fails to disclose important financial information, whether by mistake or in an effort to hide money, they can be sanctioned (fined) by a judge.

Determining the right category for a piece of property, whether separate, community, quasi-community, or both separate AND community property, can be quite difficult and overwhelming. However, our Financial Disclosures package uses several tools to help each party make these determinations easily for everything they and their spouse own.

FL-165: If the Respondent in a divorce case fails to file a Response within 30 days of being served the Petition, the Petitioner can file this form to request that the divorce proceeds by Default. If the case proceeds by Default, the Respondent gives up their right to provide input in the case, and the judge may grant whichever orders the Petitioner requested in their Petition, within reason.

FL-170: In any divorce case that isn’t Contested (see the explanation under form FL-130 above for a definition), spouses must file this form to tell the court whether their divorce case is Uncontested or proceeding by Default. In an Uncontested divorce case, spouses file their initial court forms (the Petition and Response) and ultimately reach an agreement over the issues in their case. In a Default Divorce case, the Respondent fails to file a Response and gives up their right to provide input in the case.

FL-180: The Judgment is the last form in the divorce process. Once signed by a judge, the Judgment, and its attachments:

(1) Finalize the divorce (i.e., legally end the marriage), and

(2) Serve as the court’s official and enforceable orders by which the former spouses must abide. These orders can include such issues as payment of attorney’s fees and costs, child custody visitation, child or family support, spousal support (alimony), and property division.

If spouses come to a written agreement, or stipulation, over issues in their case, they must attach it to the Judgment for the court to turn the agreement into official court orders.

FL-190: This form informs spouses and their attorneys (if applicable) that the Judgment has been signed by a judge, and consequently, the divorce has been finalized (i.e., the marriage has been ended).

FL-191: In divorce cases in which child support is ordered, both parents must complete a Child Support Case Registry form. The information on the form will be included in a national database that, among other things, is used to locate absent parents. This form is confidential and will not be filed in the court file. Instead, the form will be maintained in a confidential file with the State of California.

FL-192: The Notice of Rights and Responsibilities is an information sheet provided to parents in divorce and other family law cases involving child support orders.

FL-195: If the judge orders child or spousal support, he or she may issue an earnings assignment order (aka, a wage assignment or income withholding for support order). This is a form that tells an employer how much money to deduct from an employee’s paycheck every month and where to send the payment to fulfill court-ordered support obligations.

In other words, if the party ordered to pay support is regularly employed, the employer will take support payments directly out of his or her paycheck. Most support is paid this way, and federal and state laws require it in almost all child support cases. It is the employer's responsibility to withhold the wages if there is a wage assignment. If the party ordered to pay support has other wage assignments in place, child support is deducted first, before other withholding orders. Spousal or partner support assignments come after child support wage assignments.

FL-300: The Request for Order (RFO) can be used to either request temporary orders or request to change or end official court orders.

Requesting Temporary Orders:

California law states that the earliest date a married couple can be legally divorced is 6 months and 1 day from one of the following three dates (whichever occurs first):

The date the Respondent was served with the Petition and Summons;

The date the Response was filed; or

The date the Appearance, Stipulations, and Waivers was filed (in Uncontested divorce cases)

However, divorce cases can take much longer. That said, through the Request for Order process, spouses may request temporary orders that, if granted, will go into effect temporarily and stay in effect until the divorce is finalized or the orders are changed through the RFO process.

Once a party files an RFO to request temporary orders, a hearing will generally be set within 20 days, during which the judge will rule on the issues requested in the RFO and Responsive Declaration to the RFO (if the other party completes one). If the judge signs off on temporary orders, the orders will take effect immediately and remain in effect until the conclusion of the case or until another RFO is filed to amend (change) the temporary orders.

For example, if parents of minor children in a divorce do not get along and cannot wait until the conclusion of the case to get an enforceable parenting/visitation schedule, they can request temporary child custody and visitation orders that will take effect immediately (if granted) and stay in effect until the end of their divorce.

Requesting to Change or End Orders

To change or end an official court order during or after the finalization of a divorce case, a party must use this form to outline the changes they are requesting, as well as the reasons why the court should change or end the orders.

Once a party files an RFO to change or end orders, a hearing will generally be set within 20 days, during which the judge will rule on the issues requested in the RFO and Responsive Declaration to the RFO (if the other party completes one). If the judge signs off on the requested changes, the new orders will take effect immediately and remain in effect until either another RFO is filed to amend the orders or they expire for other legal grounds (for example, child support orders end once a child reaches the age of 18 or graduates high school).

For example, if a parent that was ordered to pay child support after a divorce lost their job, they would have to file an RFO to request a decrease in the amount of child support they are legally obligated to pay each month. This is important to note, as support orders’ specific payment amounts will remain in effect regardless of external factors unless a party files an RFO.

FL-303: (See the explanation for Temporary Emergency (Ex Parte) Orders, form FL-305, for more information.) After making emergency orders, the court will schedule a hearing to consider whether the orders should be extended beyond the temporary period. The other spouse must be told about that later hearing, and they have the right to be at that hearing. Informing the other spouse of this hearing is called “giving notice,” and this form serves as proof that either the other spouse was served and provided proper notice of the hearing, or that an attempt was made to provide notice, but failed for legitimate reasons.

FL-305: Sometimes, if a spouse can show that there is either: (1) A risk of immediate loss or damage to property subject to disposition in the divorce case, or (2) A risk that a minor child born to the marriage will be harmed or removed from the state of California if the court does not do something that day or within a few days, they can ask the court to make temporary property control or child custody orders on an emergency basis.

These emergency orders are also called “ex parte” orders, and they will only be in place for a short time. After making emergency orders, the court will schedule a regular hearing to consider whether the orders should be extended beyond the temporary period. The other spouse must be told about that later hearing, and he or she has the right to be at that hearing.

It is extremely hard to get temporary orders. The party filing the request must prove to the court that it must make orders to help prevent the immediate loss or damage to property or harm to or abduction of a child.

FL-306: This form allows a party to request that the court reschedule (push back) a scheduled court hearing to a later date. This process is called requesting a continuance. Either party may request a continuance for reasons that they must specify on the form.

FL-307: This form allows a party to request that the court reschedule (push back) a scheduled court hearing involving Temporary Emergency Orders to a later date. See the explanation under Temporary Emergency (Ex Parte) Orders above (form FL-305) for more information regarding emergency orders. This process is called requesting a continuance. Either party may request a continuance for reasons they must specify on the form.

FL-308: If both spouses in a divorce case can agree to reschedule a hearing, they (or their attorneys, if applicable) may both sign this form to request that the court reschedule (push back) a hearing.

FL-309: This form is the official order on the Request to Reschedule Hearing (form FL-306) or Request to Reschedule Hearing Involving Temporary Emergency Orders (form FL-307) above. The court may use this form to issue a continuance (i.e., push back the hearing) or reaffirm the court date (i.e., deny the request to push back the hearing). Additionally, the court must use the form to indicate the reasons why it is granting or denying the request for a continuance.

FL-311: Parents that separate need to agree between themselves, or have a court decide and order who the children will live with (physical custody), how and when each parent will spend time with their children (visitation), and how parenting decisions will be made for their children (legal custody). This is the essence of child custody and visitation. Our packages provide a more in-depth explanation of child custody and visitation and the possible orders that can be requested, but at a basic level:

Child Custody refers to the rights and responsibilities of parents in taking care of their children.

Visitation (aka parenting time) refers to how and when each parent will spend time with the children.

Parents in a divorce case can use this attachment form to request and outline their preferred child custody and visitation orders.

FL-312: If a parent in a divorce case believes that there is a risk that the other parent will take their children out of California without permission and hide them, they can use this form to request a variety of child abduction prevention orders, which range from restricting travel to ordering parents to turn in and not apply for important travel documents.

FL-319: In a California divorce case, the court can order one spouse to pay for the other's attorney's fees and costs if it can be reasonably demonstrated (and the couple's financial circumstances are permitting) that such an order is necessary to uphold one spouse's right to access legal representation. A spouse may use this attachment form to request payment for attorney’s fees and costs during the RFO process (see Request for Order, form FL-300, for an explanation of the RFO process).

FL-320: If one spouse files a Request for Order (RFO) to either request temporary orders or requests to change or end official court orders, the other spouse must file this Responsive Declaration in support of, or in opposition to, the requests made in the RFO. (See Request for Order, form FL-300, for an explanation of the RFO process).

If both spouses in a divorce case can agree to reschedule a hearing, they (or their attorneys, if applicable) may both sign this form to request that the court reschedule (push back) a hearing.

FL-321: If a spouse in a divorce case files a Request for Order (form FL-300), both spouses are entitled to bring witnesses to testify at the time of the hearing or trial. This form asks parties to list the names and brief descriptions of each witness’ testimony.

FL-330: In a divorce case, a spouse files this form with the court to prove that their court forms were personally served onto (given to) the other spouse in accordance with California law. Per the California Code of Civil Procedure, the server can be anyone over the age of 18 who is not a party to the case (i.e., NOT you or your spouse), such as a professional process server, family member, friend, or acquaintance. The server must fill out and sign this form. More specifically, the server must list the date, time, and address at which the other party was served. The server must also provide their contact information in case the court needs to verify the information they provided about how and when the service happened.

FL-335: In a divorce case, a spouse files this form with the court to prove that their court forms were served, by mail, onto the other spouse in accordance with California law. Per the California Code of Civil Procedure, the server can be anyone over the age of 18 who is not a party to the case (i.e., NOT you or your spouse), such as a professional process server, family member, friend, or acquaintance. The server must fill out and sign this form. More specifically, the server must list the date, time, and address at which the other party was served (this refers to the time and place that the court forms were mailed). The server must also provide their contact information in case the court needs to verify the information they provided about how and when the service happened.

FL-340: In a Contested divorce case, spouses cannot reach an agreement on one or more of their case’s issues and must rely on the court to make these decisions for them over the course of one or more hearings. After each hearing in which the judge or judicial officer makes or amends an order, spouses will need to prepare a Findings and Order After Hearing. Once a party completes this form and it is signed by a judge or judicial officer, the form becomes the parties’ enforceable court orders.

FL-341: This form outlines spouses' official child custody and visitation orders. It can be used as an attachment to the Findings and Order After Hearing (form FL-340), Judgment (form FL-180), or Stipulation and Order for Custody and/or Visitation (form FL-355).

FL-341A: This form outlines parents’ official supervised visitation orders. It can be used as an attachment to the Findings and Order After Hearing (form FL-340), Judgment (form FL-180), or Stipulation and Order for Custody and/or Visitation (form FL-355).

In divorce cases, supervised visitation is most often ordered when a parent is determined to present a risk to the children’s safety or well-being, warranting the presence of a third party to supervise visits with the other parent. This third party can be the other spouse, another adult (such as a friend or relative), or a professional monitor. Supervised visitation is also used in reunification situations where a parent and the children have not seen each other for quite some time.

FL-341B: This form outlines parents’ official child abduction prevention orders (see Request for Child Abduction Prevention Orders, form FL-312, for more information). It can be used as an attachment to the Findings and Order After Hearing (form FL-340), Judgment (form FL-180), or Stipulation and Order for Custody and/or Visitation (form FL-355).

FL-341C: Parents in a divorce case can use this attachment form to outline holiday and vacation schedules and limitations on travel as a part of their larger custody and visitation arrangement (aka, parenting plan).

FL-341D: Parents in a divorce case can use this attachment form to request additional physical custody provisions as a part of their larger custody and visitation arrangement (aka, parenting plan). For example, these provisions concern issues such as guidelines for securing child care, canceled visitation, and limitations on contact and appropriate behavior around the children.

FL-341E: Parents in a divorce case can use this attachment form to request additional legal custody provisions as a part of their larger custody and visitation arrangement (aka, parenting plan). For example, these provisions concern issues such as special decision-making designations, healthcare and school notifications, and the consequences imposed if a parent doesn't obtain the consent of the other in making a major decision.

FL-342: This form outlines spouses’ official child support orders. It can be used as an attachment to the Findings and Order After Hearing (form FL-340), Judgment (form FL-180), or Stipulation and Order for Custody and/or Visitation (form FL-355).

In a divorce case, child support is the amount of money that a court orders one or both parents to pay every month to help pay for the support of the child (or children) and the child’s living expenses.

FL-343: This form outlines spouses’ official spousal, partner, or family support orders. It can be used as an attachment to the Findings and Order After Hearing (form FL-340), Judgment (form FL-180), or Stipulation and Order for Custody and/or Visitation (form FL-355).

Spousal Support is a regular payment from one spouse to another. A spouse may request and receive temporary support orders (to support his or her expenses during the divorce process), which can later be replaced by permanent support orders (or long-term support orders, as amounts can be changed). Partner Support abides by the same principle, but it applies to domestic partners rather than married couples. Family Support can be ordered in cases involving both child and spousal/partner support to consolidate support payments and provide tax benefits to the spouse or domestic partner ordered to pay support.

FL-344: This form outlines spouses’ official property orders, and it is used as an attachment to the Findings and Order After Hearing (form FL-340).

In a divorce case involving property division/control orders, the court can order a specific division of property (assets and debts) between spouses, award one spouse exclusive temporary use, possession, and/or control of property (such as real estate, vehicles, etc.) until the divorce is finalized, and/or order one or both spouses to make payments on debts and liens due until the divorce is finalized. This form is used during the RFO process after a hearing on contested issues. (See the explanation for Request for Order, form FL-300, and Findings and Order After Hearing, form FL-340, for more information.)

FL-345: This form outlines spouses in a divorce case’s final property division orders, and it is attached to the Judgment (form FL-180).

This form finalizes the division of property between spouses. More specifically, the form outlines a specific division of assets and debts, as well as any equalization payments necessary to divide marital property equally in accordance with California law. For example, the court may order that spouses’ must sell a jointly-owned real estate property and divide their profits from the sale.

FL-346: This form outlines parties’ official orders for attorney’s fees and costs when used as an attachment to the Findings and Order After Hearing (form FL-340), Judgment (form FL-180), or Stipulation and Order for Custody and/or Visitation (form FL-355). In a California divorce, the court can order one spouse to pay for the other spouse’s attorney's fees and costs if it can be reasonably demonstrated (and the couple's financial circumstances are permitting) that such an order is necessary to uphold one party’s right to access legal representation. See the explanation for the Request for Attorney’s Fees and Costs Attachment (form FL-319) for more information on attorney’s fees and costs.

FL-350: If parties in a parentage case can come to an agreement (aka, a stipulation) regarding child support, they may use this form to establish or change child support orders in their case. Parents must disclose their financial information, the agreed-upon amounts for support, and other related orders concerning payments.

More specifically, the form requires parties to list the stipulated monthly payment amounts, including additional expenses. These additional costs may include the following:

Reasonable uninsured healthcare costs

Childcare related to a job or job training

Educational costs for the child

Costs for other special needs of the child

Travel expenses for visitation

The monthly contribution amount can either be: (1) a percentage of a party’s income or (2) a specific monetary value. Healthcare costs such as insurance are also accounted for. If support amounts are modified from the initial agreement, a party must each read and attach the Notice of Rights and Responsibilities: Health-Care Costs and Reimbursement Procedures (form FL-192).

FL-435: Similarly to the Income Withholding Order for Support, an Earnings Assignment Order is issued in any case in which one party is ordered to pay for the support of another person. This order has priority over any other orders such as garnishments or income withholding orders. Earnings should not be withheld for any other order until the amounts necessary to satisfy this order have been withheld in full. However, an Order/Notice to Withhold Income for Child Support for child support or family support has priority over this order for spousal or partner support.

FW-001: The fee to file a Family Law Petition in California is $435 ($450 in San Francisco County). If a party does not have enough income to pay for their household's basic needs AND the court fees, they may ask the court to do one or more of the following:

Waive all court fees and costs

Waive some of the court fees

Let them make payments over time

Note that although anyone may file a request to waive court fees, there is no guarantee that the judge or judicial officer will grant a fee waiver application. The court takes into account several factors when evaluating whether to grant a fee waiver request. For example, parties that receive any of the following types of public assistance automatically qualify for a fee waiver:

Food Stamps, Medi-Cal, County Relief/General Assistance, Supplemental Security Income, State Supplementary Payment, Unemployment, In-Home Supportive Services Program, California Work Opportunity and Responsibility to Kids, California Tribal Temporary Assistance for Needy Families Program, or Cash Assistance Program for Immigrants.

Additionally, parties whose household income is below a certain income threshold set by the court will also automatically qualify. If a party does not meet either factor, a judge may still grant a fee waiver if the party can demonstrate an inability to pay for their court fees AND household needs.

FW-003: This form serves as the official court order on a Request to Waive Court Fees (fee waiver). For more information about fee waivers, see the explanation for the Request to Waive Court Fees (form FW-001) above.