How do I file an uncontested divorce? 5 Answers as of March 09, 2011

How do I file an uncontested divorce in California?

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Law Office of Joseph A. Katz
Law Office of Joseph A. Katz | Joseph A. Katz
Most Clerk's Offices have a prepared packet of forms available to the public. Often, there is an Attorney available, called a Court Facilitator, who will answer questions and help you to fill out the forms. The Court Facilitator will not appear in Court for you. Many Counties now offer classes for litigants who represent themselves. This approach is most helpful for non-contested and default divorces. Contact your local Clerk's Office. You can also call experienced Family Law Attorneys in your area to request a free initial consultation.
Answer Applies to: California
Replied: 3/9/2011
Michael Apicella
Michael Apicella | Apicella Law and Mediation
There is no such thing as "uncontested divorce," in terms of a separate legal process. There is "summary dissolution," which is perhaps what you meant. To qualify, the length of marriage has to be less than 5 years, no kids, no real property, no significant assets/debts, and no spouse requesting spousal support. Do a Google search for California Summary Dissolution and you will find plenty of info about how to proceed that way, assuming you qualify. If you don't, then you need to file a regular Petition for Marriage Dissolution. If you and your spouse are in agreement about all issues, then you can finalize your divorce by "default with agreement." That is a fairly simple way to resolve a divorce where you don't qualify for summary dissolution. If any other questions, feel free to call. Good luck.
Answer Applies to: California
Replied: 3/8/2011
Goldberg Jones
Goldberg Jones | Zephyr Hill
Get the packet from the court house or hire an attorney to do it for you.
Answer Applies to: California
Replied: 3/8/2011
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
You file a divorce in California by filing a Petition (FL-100), a Summons (FL-110), if there are minor children, a Declaration under UCCJEA (FL-105), and whatever form your particular county requires for assignment to the correct court district (in Los Angeles, that form is a Family Law Case Cover Sheet, FAM-020).

It is your spouse's (the Respondent's) choice as to whether or not your divorce is uncontested, not your choice.

Your spouse should be served (by somebody over 18 years old, other than you) with a conformed copy of the filed documents (along with a Blank FL-120 response, and if there are children, a blank FL-105), and the server should complete, sign and file a Proof of Service.

If your spouse doesn't file the required Response within 30 days of service, you can file a request to enter your spouse's default, and once entered by the Court, you can proceed in the case by way of default to judgment.
Answer Applies to: California
Replied: 3/8/2011
Law Office of Curry & Westgate
Law Office of Curry & Westgate | Patrick Curry
Prepare the summons, petition and UCCJEA form, pay the filing fee and file with the court clerk.
Answer Applies to: California
Replied: 3/8/2011
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