Uncontested Divorce in California

Steps for an Uncontested Divorce in California

• The petitioner files a petition requesting the court to offer a divorce.
• The petitioner notifies the other partner that he or she has filed a divorce. This is referred to as the Summons-Family Law, which is inclusive of a response form.
• A declaration of finances must be filed.
• A hearing date is scheduled.
• The divorcing partners remain present at the hearing before the judge.
• The judge signs a judgment that finalizes the divorce.
• None of the divorcing partners have to attend the hearing, if both agree to do so.

Forms associated with Uncontested Divorce in California

In each and every case, it is compulsory to fill the Petition completely. The Petition includes the following details.

• Names of the Petitioner and Respondent.
• Date of marriage.
• Date of separation.
• Names of minor children.
• Declaration of community and quasi-community debts and assets.

If the divorcing couple has written a Marital Settlement Agreement (MSA), this is attached to the Petition. In case the divorcing couple has minor children, then, the UCCJEA (Uniform Child Custody Jurisdiction and Enforcement Act) declaration must be attached to the Petition.

The Summons-Family Law can be also called as the Notice of Service of Process. It has the following features.

• It is an evidence of service.
• The mode of service to the Respondent is mentioned in it.
• It offers 30 days to the Respondent to give a response.
• It states that if the Respondent fails to respond in the specified period, this would result in a default judgment against the Respondent.
• It prohibits both divorcing spouses from dissipating marital assets and removing minor children from the state.

Some other forms are as follows.

• Stipulation to establish or modify Child Support and Order: Parents use this form to create or alter the terms of child support that is paid to the custodial parent by the non-custodial parent.
• Notice of Entry of Judgment: This form indicates the date when the judgment that terminates the marital status was entered in the court records.
• Judgment: The petitioner prepares this form and attaches the parenting plan, the child support order and the MSA This form is responsible for the dissolution of marriage.

Divorce Papers