FL-107-INFO - Legal Steps for a Divorce or Legal Separation

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Legal Steps for a Divorce or Legal Separation

Text

Form ID: FL-107-INFO
Title: Legal Steps for a Divorce or Legal Separation
Effective Date: 2015-01-01
Mandatory Form: no
Languages: 汉语, 한국어, español, Tiếng Việt
Info Page: https://selfhelp.courts.ca.gov/jcc-form/FL-107-INFO
Primary Download URL: https://www.courts.ca.gov/documents/fl107info.pdf
Alternate Download URLs: https://www.courts.ca.gov/documents/fl107infoc.pdf, https://www.courts.ca.gov/documents/fl107infok.pdf, https://www.courts.ca.gov/documents/fl107infos.pdf, https://www.courts.ca.gov/documents/fl107infov.pdf
Form Detail Page:
Legal Steps for a Divorce or Legal Separation
(FL-107-INFO)
Explains the steps to begin and complete a case for divorce or legal separation. It includes links to online resources to help understand each step in the process.
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Effective: January 1, 2015
Go to
How-to instructions for Divorce
Go to
Divorce Form Packets
Go to
How-to instructions for Custody
Go to
Custody Form Packets
Go to
How-to instructions for Child Support
Go to
Child Support Form Packets
PDF Text:
Legal Steps for a Divorce or Legal Separation FL-107-INFO
Judicial Council of California, www.courts.ca.gov 
Revise January 1, 2015, Optional Form 
Cal. Rules of Court, rule 5.83
Legal Steps for a Divorce or Legal Separation FL-107-INFO, Page 1 of 2
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IMPORTANT NOTICES
The earliest you can be divorced is six months and one day from one of these three dates (whichever occurs first):  
(1) the date Respondent was served with the Summons (form FL-110) and Petition (form FL-100), (2) the date the 
Response (form FL-120) was filed, or (3) the date Appearance, Stipulations, and Waivers (form FL-130) was filed. 
Legal separation has no waiting period. You are NOT divorced or legally separated until the court enters a Judgment in 
your case.
If you need court orders for child support, custody, parenting time (visitation), spousal or partner support, restraining  
orders, or other issues, file a Request for Order (form FL-300) asking for temporary orders. See “Request for Order 
Information” at courts.ca.gov/divorcerequests for more information.
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STEP 1. Start Your Case
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The forms needed to start your case and information about filing fees and fee waivers are available at “Filing Your Case,” at  
courts.ca.gov/filing.
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The petitioner (the person who files the first divorce or legal separation forms with the court) fills out and files with the court   
clerk at least a Petition—Marriage/Domestic Partnership (form FL-100) and a Summons (form FL-110) and, if there are 
children of the relationship, a Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (form FL-105). 
The court clerk will stamp and return copies of the filed forms to the petitioner.
The respondent has 30 days to file and serve a Response. So, the petitioner must wait 30 days before starting Step 4. 
Someone 18 or older–not the petitioner–serves the spouse or domestic partner (called the respondent) with all the forms from 
Step 1 plus a blank Response—Marriage/Domestic Partnership (form FL-120) and files with the court a proof-of-service form, 
such as Proof of Service of Summons (form FL-115), telling when and how the respondent was served. (To serve means “to give 
in the proper legal way.”) For more information, see “Serving Your First Set of Court Forms” at courts.ca.gov/filing.
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STEP 2. Serve the Forms
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No Response and NO 
written agreement: 
Petitioner waits 30 days after 
Step 2 is complete and 
prepares a proposed Judgment 
(form FL-180), together with  
all other needed forms. See 
“True Default Case” at courts.
ca.gov/truedefault. 
No Response BUT written  
agreement: Petitioner attaches 
the signed and notarized 
agreement to the proposed 
Judgment (form FL-180), 
together with all other needed  
forms. See “Default Case with  
Written Agreement” at 
courts.
ca.gov/defaultagree.
Response AND written  
agreement: Either party files 
Appearance, Stipulations, and  
Waivers (form FL-130) and the  
proposed Judgment with  
written agreement attached and 
other needed forms. See  
“Uncontested Case” at courts.
ca.gov/uncontested.
Response and NO  
agreement: Parties must 
go to trial to have a judge 
resolve the issues. See 
“Contested Case” at 
courts.ca.gov/contested. 
 
STEP 4. Finish the Divorce or Legal Separation Case in One of Four Ways
You must keep the court and the other party informed of any change in your mailing address or other contact 
information. File and serve a Notice of Change of Address or Other Contact Information (form MC-040) on the other 
party or his or her attorney to let them know about the change in your contact information.
At the same time as Step 1 or within 60 days of filing the Petition, the petitioner must fill out and have these documents served 
on the respondent: Declaration of Disclosure (form FL-140), Income and Expense Declaration (form FL-150), Schedule of 
Assets and Debts (form FL-142) or Property Declaration (form FL-160), and all tax returns filed by the party in the two years 
before serving the disclosure documents. These disclosure documents are not filed with the court.
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If the respondent files a Response, he or she must also complete and serve the same disclosure documents on the petitioner 
within 60 days of filing the Response.
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l The 60-day time frame for serving the disclosures may be changed by written agreement between the parties or by court order.
The petitioner and respondent each file a Declaration Regarding Service (form FL-141) with the court saying disclosures 
were served. If the respondent does not serve disclosures, the petitioner can still finish the case without them. For more 
information, see “Fill Out and Serve Your Financial Declaration of Disclosure Forms” at courts.ca.gov/filing (click on Step 4).
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STEP 3. Disclose Financial Information 
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Annulments: See courts.ca.gov/annulment for information about annulments.l

Rev. January 1, 2015 FL-107-INFO, Page 2 of 2Legal Steps for a Divorce or Legal Separation
You may prefer to resolve some or all of the issues in your divorce or legal separation case without having the court  
decide for you. You and your spouse or domestic partner can put your agreement in writing and file it in your case. But  
your agreement must follow all legal requirements. 
Getting help to resolve divorce or legal separation cases
Do you have a registered domestic partnership? The process for a divorce or legal separation of a domestic 
partnership is the same as on page 1. For information about ending your domestic partnership in the superior court, see  
courts.ca.gov/filing. To find out if you are eligible to end your domestic partnership through the Secretary of State, 
see courts.ca.gov/summdissodp. Note: There may be differences in federal taxes and other issues for domestic 
partnerships. Seek advice from an attorney experienced in domestic partner law.
What if you want a legal separation? The process on page 1 is the same, except you will NOT get a Judgment 
for legal separation unless both parties agree to a legal separation OR if respondent has not filed a Response. If both 
parties agree to be legally separated but do not agree on other issues, the parties must go to trial to have a judge resolve 
those issues. You are NOT legally separated until you receive a Judgment signed by the court. For more information, see 
“Legal Separation” at courts.ca.gov/legalseparation. AFTER the court enters a judgment for legal separation, if 
you decide you want a divorce, you must start a new case to request a divorce and pay another filing fee. 
Legal Steps for a Divorce or Legal Separation FL-107-INFO
Family Law Facilitators and Self-Help Centers 
help with court forms and instructions. They can 
provide samples of agreements and other  
information and, in some cases, help with mediation.
This information sheet gives you only basic information on  
the divorce or legal separation and is not legal advice. If you  
want legal advice, ask a lawyer for help. You may also:
Contact the family law facilitator or self-help center in  
your court for information, court forms, and referrals to 
local legal resources. For more information, see 
courts.ca.gov/courtresources.
What if there is domestic violence? 
Private services (which you can hire  
to help you resolve your case):
Where can I get help?
Lawyers. Also called attorneys, lawyers can help 
work out agreements between the parties and 
represent you at court hearings and trials.
Mediators. A lawyer or counselor who helps the 
parties communicate to explore options and reach a 
mutually acceptable resolution.
Collaborative Lawyers. Lawyers who represent  
each party but do not go to court. They try to reach 
an agreement. If court is necessary, the parties must 
hire new lawyers.
Settlement Conferences. An informal process in  
which a judge or an experienced lawyer meets with  
the parties and their lawyers to discuss the case and  
their positions and suggests a resolution. The parties 
can either agree to the suggestions or use the 
suggestions to help in further settlement discussions.
Family Court Services. If you and the other parent 
already have a family law case and have filed a 
Request for Order (form FL-300) seeking orders 
about child custody and visitation (parenting time), 
the court will refer you to Family Court Services. 
They provide child custody mediation or child 
custody recommending counseling to try to help you 
both make a parenting plan that is in the best interest 
of your child. Note: They cannot help with financial 
issues.
Court Services
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l Find information at your local law library or public  
library.
Find free and low-cost legal help (if you qualify) at    
lawhelpcalifornia.org. 
Hire a private mediator. For more information about 
court and private services, see courts.ca.gov/selfhelp-adr.
htm.
If there is domestic violence or a protective or restraining 
order, talk to a lawyer, counselor, or mediator before  
making agreements. 
 
For domestic violence help, call the National Domestic  
Violence Hotline: 800-799-7233; TDD: 800-787-3224; or  
211 (if available in your area).
Find information on the California Courts Online Self- 
Help Center website: 
courts.ca.gov/selfhelp.
Find a lawyer through a certified lawyer referral service 
on the State Bar of California's website: 
calbar.ca.gov/LRS
 or by calling 866-442-2529  
(toll-free).

Retrieval chunks

• #1

  Form ID: FL-107-INFO Title: Legal Steps for a Divorce or Legal Separation Effective Date: 2015-01-01 Mandatory Form: no Languages: 汉语, 한국어, español, Tiếng Việt Info Page: https://selfhelp.courts.ca.gov/jcc-form/FL-107-INFO Primary Download URL: https://www.courts.ca.gov/documents/fl107info.pdf Alternate Downloa…

• #2

  The forms needed to start your case and information about filing fees and fee waivers are available at “Filing Your Case,” at courts.ca.gov/filing. l l The petitioner (the person who files the first divorce or legal separation forms with the court) fills out and files with the court clerk at least a Petition—Marr…

• #3

  information. File and serve a Notice of Change of Address or Other Contact Information (form MC-040) on the other party or his or her attorney to let them know about the change in your contact information. At the same time as Step 1 or within 60 days of filing the Petition, the petitioner must fill out and have thes…

• #4

  What if you want a legal separation? The process on page 1 is the same, except you will NOT get a Judgment for legal separation unless both parties agree to a legal separation OR if respondent has not filed a Response. If both parties agree to be legally separated but do not agree on other issues, the parties must g…

• #5

  They provide child custody mediation or child custody recommending counseling to try to help you both make a parenting plan that is in the best interest of your child. Note: They cannot help with financial issues. Court Services l l l l l l l l l l l l Find information at your local law library or pub…