The first disclosure you make is called the “preliminary declaration of disclosure.” Sometimes, you also have to make a second, final disclosure. One challenge in the more complex cases is court time. Serve a copy of the Response (Form FL-120) and any other papers you attached, on your spouse or domestic partner. Emergency Child Custody Orders in California. The days are counted from the date you were served with your spouse’s or partner’s, If your spouse or partner is willing to give you more than 30 days, make sure you get this in writing and have your spouse/partner sign the “extension.”, If you want the court to make orders about custody and visitation, you can also fill out the, You will have to pay a filing fee. The process will ultimately still take six months, but involves a simplified process. Click to find out what steps you and your spouse/partner will need to take to complete your divorce or legal separation when: If you are not sure if you and your spouse/partner will be able to work out an agreement, but you want to make sure you have a say in how the case proceeds, follow the instructions to file a Response, and work on trying to reach an agreement afterward. If the court finds out that you left anything out or lied on your disclosure forms on purpose, the court can order that any property you did not list goes to your former spouse or domestic partner. Talkov Law Corp.Offices in Los Angeles, Orange County, San Diego, Riverside, Palm Springs, San Bernardino County, and Silicon Valley. You cannot get divorced if you do not exchange your disclosures. If you want specific legal advice about how to fill out your Response, talk to a lawyer. If California divorces can be completed in 6 months, then why do some of them take years? For some issues, like child support, when you have an agreement you have to meet certain legal requirements, so make sure you follow the rules. In this cas… How much is an uncontested divorce in California? In a “true default” case, you are giving up your right to have any say in your divorce or legal separation case. IMPORTANT! Serve a copy of the Response (Form FL-120) and any other papers you attached, on your spouse or domestic partner.You can have someone serve it by mail or in person. Uncontested Divorce. Now, you are ready to complete the financial disclosures needed to get divorced or legally separated. You must also live in the county where you file the divorce petition for at least three months before filing. Some spouses start feeling like they aren’t getting a fair shake when all of the facts are laid out in front of them. Before you choose this option, make sure you read the papers your spouse or domestic partner filed very carefully. Make sure your spouse or partner did not leave any information out. Find out. What child support and custody and visitation orders you will need, if you have children together. Agree to what the other spouse wants. The filing fee for a divorce … Whether you decide to not respond but get a written notarized agreement with your spouse/partner or you choose to file a response and reach an agreement with your spouse or domestic partner afterward, you will be involved in the case and will participate in the decisions that are made in your divorce or legal separation. Many divorces start out as uncontested and later become contested for various reasons. You can get some information on this website. To fill out a Response and actively participate in the case, follow these steps: Like the Petition, the Response asks for information about the length of your marriage or registered domestic partnership, and other basic information about your relationship. Dividing community and separate property in an uncontested divorce in California. Click for help finding a lawyer. Have been married for less than 5 years (from the date of marriage to the date of separation); Do not own any part of land or buildings (meaning you can’t own a house); Do not rent any land or buildings (except for where you now live, as long as you do not have a 1-year lease or option to buy); Do not owe more than $6,000 in community debts (not including car loans); Have less than $45,000 worth of community property (not including cars); Not have separate property worth more than $45,000 (not including cars); Have signed an agreement that divides all community property (including cars) and community debts. Any divorce that is resolved without disagreement (contest) is referred to as an uncontested divorce. With this mind, what can you do to make the process go faster? The point of disclosure is to make sure that you and your spouse or domestic partner are aware of everything you each own and owe, separately and together, so you can divide your property and debts equally. And your divorce case may be reopened. Keep in mind that if anything changes or you have new information since you and your spouse/domestic partner exchanged your preliminary declarations of disclosure, you have to fill out and serve a new set of disclosure forms updating the other person about the new or changed information. Bifurcation is available in an uncontested case that has, for whatever reason, been delayed by the parties beyond the 6-months waiting period but where no final settlement has been reached. The lawyers at Talkov Law serve Los Angeles, San Diego, Long Beach, Anaheim, Santa Ana, Riverside, Irvine, Chula Vista, San Bernardino, Fontana, Moreno Valley, Santa Clarita, Glendale, Huntington Beach, Ontario, Rancho Cucamonga, Oceanside, Garden Grove, Corona, Lancaster, Palmdale, Pomona, Escondido, Torrance, Pasadena, Orange, Fullerton, Victorville, Murrieta, El Monte, Carlsbad, Temecula, Costa Mesa, Downey, and Jurupa Valley, West Covina, Newport Beach, Chino Hills, Perris, Upland, Apple Valley, Redlands, Yorba Linda, Redondo Beach, Laguna Niguel, San Clemente, Eastvale, Encinitas, Diamond Bar, Palm Desert, Palm Springs, West Hollywood, Claremont, San Juan Capistrano, Beverly Hills, and elsewhere in California. You can also agree about: You may be able to reach an agreement on all of these issues, or only some of them. © 2009-2020 Talkov Law Corp., a California professional corporation. Yes. The financial documents are very important, especially in cases where there is a lot of property or debt. Further, there is a six-month waiting period between filing for divorce and the divorce being decreed. How Much Equity Can a Debtor Have in Their Home and Still File for Chapter 7 Bankruptcy? Bifurcation is available in an uncontested case that has, for whatever reason, been … There are two ways to start the clock: 1. In a divorce or legal separation, you and your spouse or domestic partner may have disagreements so what you write on your Response can be very important and can affect the outcome of the case. Read about child support agreements. Click on the topic that you are interested in: If you have questions or want to make sure the agreement is in your best interest (and that of your children if you have children), talk to a lawyer before you sign it. Whether you choose to respond or not to your spouse’s or domestic partner’s petition for divorce or legal separation, you can still work out an agreement. It’s still a minimum of 6 months plus one day. Keep in mind that you can file your financial disclosures at the same time as your response if you wish, but NO LATER than 60 days after you file your response. Tell us how we can be of service and one of our team members will contact you. You only have 30 days to file your Response. There are several steps involved in filing for divorce in California. Most people, however, want to take part in the decisions that are going to be made about their future. If you want specific legal advice about how to fill out your disclosure documents, talk to a lawyer. You keep the original of your disclosure forms. To give your preliminary or final declaration of disclosure to your spouse or domestic partner, you must have it served in person or by mail. Even if they cannot help you with the divorce itself, they may be able to help you with parts of it, like the child support and spousal or partner support. Common issues that can cause a divorce to drag on are as follows: Navigating the legal process can be complicated and daunting without the right family law attorney. That doesn’t mean that the parties are stuck in limbo for 6 months though. Once you have filed your Response and exchanged your preliminary declaration of disclosure, your next step is to finalize your agreement with the petitioner and file the forms required to finish your divorce. If you have children with your spouse or domestic partner, also fill out: We're improving online instructions for serving divorce papers!