A Divorce Agreement is used when two parties have already decided on all the issues, including how to divide their property and how to divide time, care, control and support of any children. This may be done before their marriage, by a prenuptial agreement, or it can be done between the parties upon deciding to divorce.
You should use a Divorce Agreement when you know where your spouse is and you are in contact with him or her; you and your spouse are currently negotiating your divorce and you each wish for a plan for the division of property; you and your spouse have decided to divorce and you have already agreed how to divide property and assets; or you and your spouse plan to meet with an attorney together and want to prepare with an outline for the division of property.
Without a Divorce Agreement, the parties must rely upon their ability to present a case to a Court, and must accept the judgment from either a judge or jury.
This involves a great deal more risk, as very often neither party gets what he or she wants. You cannot control what the jury or judge decides.
Additionally, when parties cannot agree, they often incur a great deal of legal costs, and typically require an attorney. It is important to list out all property including gifts, inheritances, and real property. Failure to disclose property could result in undivided property, leaving the door open for future litigation.
You should ensure you are aware of the regime within your state, and how it affects you, by speaking to a qualified legal professional. If you would like to learn more about Separation Agreements, read up more on Divorcenet. Leave a Reply Cancel reply. Please keep in mind that all comments are moderated, and abusive or spammy comments will NOT be published. All required local forms and Judicial Council forms are included.
How to get a divorce can be accomplished on your own without expensive legal fees. Spousal Support Payments Will one party pay spousal support? Eighth Item Describe item:. Video instructions and help with filling out and completing fl Seventh Item Describe item:. Find out how much experience the LDP has, check online reviews, see if your state has any restrictions on LDP work, and if possible, get a reference. When filling out the form the individual has to provide the following information: Name, phone number, e-mail address of attorney or person without attorney Address and branch name of the Superior Court of California Check whether they are petitioner or respondent Indicate the purpose of petition dissolution, legal separation, nullity of marriage Statistical facts date of marriage, date of separation Declaration regarding minor children name, date of birth, age, sex Separate property Declaration regarding community assets and debts Reasons for the dissolution, legal separation and nullity of marriage Child support matters The petitioner and the attorney should also sign the form FL and date it.
Each document presented for filing must have two-holes pre-punched and centered at the top of the paper. The Judicial Council forms included in the packets below are also available as fillable forms by clicking here.
External sites are responsible for their own content; the Marin County Superior Court accepts no responsibility for information found at other sites to which we are linked. Once you have handed over your documents and paid your fee, the county clerk will stamp the forms and give you copies for your records. Your spouse does not have to be present when you file the documents, but if he or she is not present, you will need to serve a copy of the documents that have been stamped to your spouse.
You should serve your spouse as soon as possible after leaving the courthouse. Whether you have acquired your divorce papers online or otherwise, there are a number of methods to serve your spouse in California. These include:.
By Mail — If you are certain that your spouse will cooperate with you, you can send the documents by mail. Your spouse will need to fill out a Notice and Acknowledgment of Receipt and return it to the courthouse to verify he or she was served. County Sheriff — You can request that the county sheriff serve your spouse. This usually requires paying a fee, but it is a trouble-free way of delivering the documents to a spouse that may not be cooperative. Professional Process Server — There are professional services for serving papers, which you can hire.
California Courts offers additional information on serving divorce papers to your spouse. Once your spouse is served and the papers are filed, California requires a 6 month waiting period to finalize the divorce. If you click "Unsubscribe" your email address will be removed from our database and we won't be able to get in touch with you by email when you may need it.
Are you sure you want to unsubscribe? Please note that although you are currently not in agreement with your spouse regarding the divorce, you will need to agree before you get your divorce paperwork. Our guided process is designed to walk you through all the important issues in a divorce so that you can come to terms. To begin the process to complete your official forms online, please press the "Continue" button below. Please click here if you are not redirected within a few seconds.
Divorce in California Ending a marriage can be painful and difficult, but filing divorce papers in California doesn't have to be. California Divorce Facts California stopped keeping official data related to divorces in the state in the s. How to Start Your California Divorce Process To begin your divorce process in California, you must complete the appropriate divorce papers.
California Divorce Papers and Forms If you choose to seek out divorce papers on your own, you can find many of the basic forms on the Forms page for California Courts. Some of these documents include: FL — This is the form to begin the divorce or legal separation process.
How to File Divorce Papers in California Once you have filled out all of the required California divorce forms, you are ready to file. How to Serve Divorce Papers in California You should serve your spouse as soon as possible after leaving the courthouse. These include: By Mail — If you are certain that your spouse will cooperate with you, you can send the documents by mail.