Friday, April 19, 2024


Divorce Roadmap

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This Roadmap is a guide to aid in completing the paperwork for a divorce. By following this step-by-step Roadmap, you should be successful in reaching a judgment in your divorce case. The legal process is complicated. If you are representing yourself, then you are your own attorney. If you need advice about your case, then you will need to ask an attorney.

Before you begin, it is important to know if you are the Petitioner or the Respondent. The Petitioner is the person to file the first documents to open a case and obtain a case number. The Respondent is the person against whom the Petitioner has filed the case. Follow only the steps for your party type (Petitioner or Respondent) to complete your divorce.

Printable quick-reference to the Roadmap

Step 1: Petitioner

Start your case by completing, copying, and filing the following forms:

Mandatory Forms

You will need Adobe Reader X (10) or later to download the complete instructions and forms for the How to Start a Dissolution (Step 1) packet. Download the Adobe Reader - external link.

Optional Forms

Tasks to Complete Step 1

  1. Complete all items on each form that apply to your case.
  2. Make 2 copies of each completed form.
  3. Filing Fee Options:
    • Be prepared to pay the filing fee; OR
    • Apply for a Fee Waiver by completing form FW-001 and FW-003 (See Optional Forms section above). If applying for a Fee Waiver, make 1 copy of FW-001 and FW-003 and submit with a self-addressed stamped envelope.
  4. File all original forms and copies with the court in one of the following ways:
    • Mail: Enclose a self-addressed stamped envelope. Mail to:

      Sacramento Superior Court
      William R. Ridgeway Family Relations Courthouse
      3341 Power Inn Road
      Sacramento, CA 95826

    • Drop Box: Located in the main lobby of the William R. Ridgeway Family Relations Courthouse
  5. The clerk will stamp each form, keep the originals and return the copies.
  6. Keep 1 set of the copies for your records. Take these copies with you anytime you go to court.

Note: Once you file, it is your responsibility to notify the court of any change to your address or other contact information. Do this by filing a Notice of Change of Address.

Step 1: Respondent

After the Petitioner has opened the divorce case, if you wish to participate, start by completing, serving and filing the following forms:

Mandatory Forms

Optional Forms

Alternatively, if you agree with what the Petitioner requests, you may choose not to respond. It will be up to the Petitioner to finish the case and there are no steps you must complete. You will be giving up certain legal rights which you should discuss with an attorney.

Tasks to Complete Step 1

  1. Complete all items on each form that apply to your case.
  2. Make 2 copies of each completed form.
  3. Filing Fee Options:
    • Be prepared to pay the filing fee; OR
    • Apply for a Fee Waiver by completing form FW-001 and FW-003 (See Optional Forms section above). If applying for a Fee Waiver, make 1 copy of FW-001 and FW-003 and submit with a self-addressed stamped envelope.
  4. File all original forms and copies with the court in one of the following ways:
    • Mail: Enclose a self-addressed stamped envelope. Mail to:

      Sacramento Superior Court
      William R. Ridgeway Family Relations Courthouse
      3341 Power Inn Road
      Sacramento, CA 95826

    • Drop Box: Located in the main lobby of the William R. Ridgeway Family Relations Courthouse
  5. The clerk will stamp each form, keep the originals and return the copies.
  6. Keep the copies for your records. Take these copies with you anytime you go to court.

Note: Once you file, it is your responsibility to notify the court of any change to your address or other contact information. Do this by filing a Notice of Change of Address.

Step 2: Service - Petitioner Only

Petitioner: Once your forms have been filed, follow this step to serve your spouse.

Mandatory Forms

You can download the complete instructions and forms for Step 2: Service Packet and Documents to be Served on Your Spouse Packet.

Tasks to Complete Step 2

  1. Have someone 18 years or older, not you, personally give your spouse (the Respondent) the other set of filed copies along with the packet, Documents to be Served on Your Spouse.
  2. Have your server complete and sign the FL-115 Proof of Service of Summons. File this form with the court within 60 days.

Note: The Respondent has at least 30 days (from the day that they have been served) to file a Response with the court. If he/she does not respond, you can still continue with your divorce.

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Respondent: Your forms were served as part of Step 1, so there is nothing more for you to do on this step. Proceed to Step 3.

Step 3: Declarations of Disclosure (Preliminary and Final)- Petitioner and Respondent

Petitioner and Respondent: This step MUST be completed even if you have no property or income. The Petitioner must complete this step. The Respondent must also complete this step if they have filed a Response or made a general appearance.

Forms

Tasks to Complete Step 3

  1. Complete all applicable items on each form.
  2. Make 2 copies of form FL-141.
  3. Make only 1 copy of forms FL-140, FL-142 and FL-150.
  4. Mail or hand 1 copy of each completed form (FL-140, FL-142, FL-150, and FL-141) to your spouse.
  5. File original and 1 copy of form FL-141 only with the court.
  6. The clerk will keep the original and return the copy to you.
  7. Keep copies for your records.

Step 4: Finding the Right Path to Judgment - Petitioner or Respondent

There are four different ways to reach your divorce judgment. Follow and answer the questions below to find which of the four ways fits your case.

Did Respondent File a Response?

If No (No Response Filed), only Petitioner can complete the remaining steps.

Do You Want to Get a Judgment without Going to Court?

  1. If Yes, go to Default Judgment (Step 5).
  2. If No, go to Set Default Hearing (Step 6).

If YES, Did Your Respondent File a Response(Response Filed), either Petitioner or Respondent can complete the remaining steps.

Do You and Your Spouse Agree on all the Issues?

  1. If Yes, go to Stipulated Judgment (Step 7).
  2. If No, go to Set for Contested Trial (Step 8).

Step 5: Default Judgment without a Court Hearing - Petitioner Only

You MUST answer NO to all of these questions to qualify for Step 5:

  1. Are you receiving public assistance in the form of a cash grant under TANF (formerly AFDC) or CalWorks?
  2. Are you seeking an initial child support or spousal support order?
  3. Are you asking for an annulment?

If you answer YES to any of these questions, go to Step 6.

Note: A "default" is a term for the failure to do something a person ought to do. In a family law case, it is the failure of the Respondent to answer or respond to the petition. Upon request of the Petitioner that default be entered as to respondent, the clerk may enter the default in accordance with Civil Code of Procedure, CCP §585-587.


Petitioner: Complete this step only if no Response has been filed. Complete, copy and file the following forms:

Mandatory Forms

If there are children of the marriage, you MUST include both of these forms:

Optional Forms

Note: These are some of the most common attachments, but there are many other optional Judicial Council forms.

Tasks to Complete Step 5

  • FL-141 Declaration Regarding Service of the Declaration of Disclosure. (If you haven't filed this form yet, it must be completed at this time.)
  • Make 4 copies of the Judgment and 3 copies of all other completed forms.
  • Address 1 large manila envelope to yourself with enough postage to return 2 copies of all the forms.
  • Submit originals and 2 sets of copies (3 copies of Judgment) to the court by mail or in the Drop Box, along with the addressed and stamped envelopes. The documents will be forwarded for review by the judge. The clerk will mail a copy of the FL-165 Request to Enter Default and FL-190 Notice of Entry of Judgment to the Respondent once the default Judgment is entered.
  • Keep 1 set of the copies for your records. Take these copies with you anytime you go to court.
  • Wait for the court to mail you back your filed documents. If the documents are returned unfiled or rejected, then go to Step 6. If the documents are filed and returned, then go to Step 9.

WARNING: You are not divorced until you receive a filed Notice of Entry of Judgment from the court and the "effective date of termination" has passed.

Step 6: Default Judgment with a Court Hearing - Petitioner Only

Set for Default Hearing - Mandatory Form (only if a Response has NOT been filed):

Petitioner: Complete, copy and file the following form:

  • Bring a copy of your filed FL-115 Proof of Service of Summons. (This was done in Step 2)
  • FL-141 Declaration Regarding Service of the Declaration of Disclosure (if you haven't filed this form yet, it must be completed at this time).
  • Make 3 copies of the completed form.
  • Address 1 envelope to the Respondent. Place 1 stamp on the envelope. Also include 1 self-addressed stamped envelope for you if submitting by mail or drop box.
  • File the original FL-165 Request to Enter Default and the 3 copies along with the addressed stamped envelope with the court. The clerk will mail a copy to the Respondent once default is entered.
  • Keep 1 set of copies for your records. Take these copies with you anytime you go to court.
  • Ask the Clerk for a Default Hearing date when you file your FL-165 Request to Enter Default. If you file by mail or drop box, then ask for a hearing in a cover letter.
  • Go to your hearing on the scheduled date and time.

After the Default Hearing - Mandatory Forms

Complete, copy and file the following forms:

The Judgment needs to be prepared based on the orders made by the Judge at the hearing. Because a judgment varies drastically from case to case, we do not offer instructions. You can:

If there are children of the marriage, you MUST include both of these forms:

Optional Forms

Note: These are some of the most common attachments, but there are many other optional Judicial Council forms - external link.

Tasks to Complete Step 6

  • Make 4 copies of the Judgment and 3 copies of all other completed forms.
  • Keep 1 set of the copies for your records. Take these copies with you anytime you go to court.
  • Address 1 regular-sized envelope to the Respondent. Place 1 stamp on the envelope.
  • Address 1 large manila envelope to yourself with enough postage to return 2 copies of all the forms.
  • Submit originals and 2 sets of copies (3 copies of Judgment) to the court along with the 2 addressed and stamped envelopes. The clerk will keep all the originals and copies for review by the judge.
  • Wait for the court to mail you back you filed documents.
  • Go to Step 9.

WARNING: You are not divorced until you receive a filed Notice of Entry of Judgment from the court and the "effective date of termination" has passed.

Step 7: Uncontested or Stipulated Judgment (Response Filed and in full agreement) - Petitioner or Respondent

Complete, copy and file the following forms:

Mandatory Forms

If there are children of the marriage, you MUST include both of these forms:

Optional Forms

Note: These are some of the most common attachments, but there are many other optional Judicial Council forms - external link.

Tasks to Complete Step 7

  • Make 4 copies of the Judgment and 3 copies of all other completed forms.
  • Keep 1 set of the copies for your records. Take these copies with you to court.
  • Address 1 regular-sized envelope to the Respondent. Place 1 stamp on the envelope.
  • Address 1 large manila envelope to yourself with enough postage to return 3 copies of all the forms.
  • Submit originals and 2 sets of copies (3 copies of Judgment) to the court along with the 2 addressed and stamped envelopes. The clerk will keep the originals and copies for review by the judge.
  • Wait for the court to mail you back the endorsed copies. If the documents are returned unfiled or rejected, then go to Step 8. If the documents are filed and returned, then go to Step 9.

WARNING: You are not divorced until you receive a filed Notice of Entry of Judgment from the court and the "effective date of termination" has passed.

Step 8: Contested Judgment (Response Filed and not in full agreement) - Petitioner or Respondent

Set for Trial - Complete, copy and file the following Mandatory forms:

Tasks to complete:

  • Make 3 copies of the completed form.
  • Have someone 18 years or older, not you, mail 1 copy of the form to the Respondent and complete the Proof of Service portion of the form.
  • File original and 2 sets of copies.
  • Wait for the court to mail you your Settlement Conference and Trial dates.
  • Once you receive your Settlement Conference and Trial dates from the court, you must complete, serve, and file a Statement of Issues.

Settlement Conference / Trial

  • Attend both the Settlement Conference AND the Trial date, as it is mandatory for both parties to appear. You must make a good faith effort to settle ALL issues in your case at the settlement conference. Be prepared to be at court the entire day.

After the Settlement Conference / Trial

Complete, copy and file the following forms:

If there are children of the marriage, you MUST include both of these forms:

Optional Forms: Use the appropriate forms for the orders the judge made.

Note: These are some of the most common attachments, but there are many other optional Judicial Council forms - external link.

You may also contact the Self-Help Center for preparation of your Judgment through e-Correspondence.

Tasks to Complete Step 8

  • Make 4 copies of the Judgment and 3 copies of all other completed forms.
  • Keep 1 set of the copies for your records. Take these copies with you any time you go to court.
  • Address 1 regular-sized envelope to the Respondent. Place 1 stamp on the envelope.
  • Address 1 large manila envelope to yourself with enough postage to return 2 copies of all the forms.
  • Submit originals and 2 sets of copies (3 copies of Judgment) to the court along with the 2 addressed and stamped envelopes. The clerk will keep all originals and copies for review by the judge.
  • Wait for the court to mail you back the endorsed copies.
  • Go to Step 9.

WARNING: You are not divorced until you receive a filed Notice of Entry of Judgment from the court and the "effective date of termination" has passed.

Step 9: Service of the Judgment - Petitioner or Respondent

Mandatory Forms

Tasks to Complete Step 9

  • Have someone 18 years or older, not you, mail your ex-spouse a copy of the judgment and any attachments.
  • Have your server complete and sign the FL-335 Proof of Service by Mail.
  • Make 1 copy of the FL-335 Proof of Service by Mail.
  • File FL-335 Proof of Service by Mail and a copy of this form with the court. Enclose 1 self-addressed stamped envelope to have the filed copy returned to you.

Step 10: Things to Do After Divorce Judgment is Finalized - Petitioner or Respondent

Once you receive your final divorce judgment, remember to:

  • Change the beneficiaries on your insurance.
  • Update your Will or Trust.
  • Change the titles of any property (ex: cars, house, etc.) awarded in the judgment.
  • Change your name with social security, Department of Motor Vehicles (DMV), employment, etc.
  • Take the child support order to the Department of Child Support Services (DCSS) for help in collecting child support.

NOTE: You may need a certified copy of your divorce judgment to do these things.