"So, what do I need and what do I need to do to file for divorce in California?
Hi, I'm Ryan Waller, a family law attorney and co-author of California Family Law, which is an authoritative textbook published by Aspen Publishing, a leading provider of legal educational materials. So, to file for divorce in California, you have to start with two primary documents. The first is called a petition, a petition for dissolution, which is the FL-100. And the second form you need is the summons, which is the FL-110. You file both of these with the court.
If you have minor children, then there's going to be additional custody-related forms that you have to fill out. And depending on the county that you're filing in, there may be some local requirements as well. What's important to keep in mind is that your case must be filed in the correct county in California based on your residency where you're living. And once filed, the documents must be formally served on your spouse by a non-party adult, meaning someone who isn't you, and then you will file a proof of service with the court.
Importantly, the summons, that FL-110, contains something called automatic temporary restraining orders or ATROs. These go into effect automatically and apply to both spouses. The ATROs are designed to preserve the financial and parental status quo. Meaning neither party can move or conceal assets. No one can make unusual transfers, alter insurance coverage, and no one can remove the children from the state of California without a written agreement or a court order.
In higher asset cases, these restrictions, as they pertain to financial disclosures, are especially significant. And early in every California case, you have to engage in financial disclosure. Both parties exchange something called mandatory preliminary financial disclosures. You may have heard this as PDDs or preliminary declarations of disclosure. They contain detailed information about your income, expenses, assets, liabilities, and debts.
And while it's technically possible to do all of this on your own, in complex cases or high asset cases or issues with custody, errors in your petition, in your service of process, errors in complying with the ATROs and your financial disclosures, all of that can materially affect your property division, support obligations, your long-term financial outcomes, and can determine and impact issues related to custody.
If you're considering filing for divorce in California, or you are, but you find yourself struggling, it's wise to obtain legal advice about the strategy, what to employ, to look over your forms, and prepare all of those documents before taking that first step and filing with the court."
