This video discusses how to start a default or uncontested divorce.

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Contrary to popular belief you do not need to hire a lawyer to complete the divorce process for you as far as helping you fill out the divorce forms. Usually, you should consult with the attorney if you have contested divorce issues that will likely relate to some type of litigation.

In this video I’m going to provide you with information about the forms you need to file for an uncontested or default divorce. Again, these are just the forms to get the process going. Remember, the person filing for a divorce is referred to as the petitioner and that's going to be consistent throughout the lesson. The person responding to the divorce is going to be referred to as the respondent as discussed in our previous lesson.

Regardless if you are filing for a default or uncontested divorce, you must complete the forms identified on this screen: the first form is FL 100, the petition for dissolution of marriage; FL 110 which is the court summons; FL 105, which is the declaration under Uniform Child Custody Jurisdiction and Enforcement Act; FL 115, proof of service of summons; FL 311, Child Custody and Visitation Application Attachment and local court forms

If you miss a form or you don't submit the correct form, the clerk may return your documents to you and request that you do so before processing your documents.

So, these forms, like I said, must be completed whether or not you're obtaining a default or uncontested divorce judgment. Once you complete the forms indicated in this video and file them with the court's office, you should have them served on the respondent as soon as possible. Now keep in mind that there is no set statutory limitation as to when the petitioner has to serve the respondent. However, if a certain amount of time goes by, say 120 days, and there is no activity with the case, the court may dismiss the case.

Please note that the court charges a $435 filing fee for filing for divorce. Both parties are required to pay that fee (assuming the respondent files a response). However, if you are low to low income, you might be able to obtain a fee waiver thus waiving that $435 filing fee.

Now, the respondent. The respondent must complete the following documents when responding to the divorce. The respondent is going to complete FL 120, response to marriage dissolution. The respondent is also going to complete form FL 105 (if minor children). Now, I also previously mentioned form FL 105 and FL 311 for the petitioner. If you do not have any minor children, you do not need to fill those two forms out. Those two forms are only filled out by petitioners with minor children and yes both the petitioner and respondent must fill out those two forms. The respondent is also going to fill out form FL 330 or form FL 335. Now, the respondent does have the option to use a process server and have that process server mail his/her response to the petitioner or the respondent can choose to have the process server personally hand-deliver the response to the petitioner. So, whichever method the process server decides to take, they're going to be using one or the other form. And again, the respondent may also be required to complete local court forms which will be discussed in a subsequent lesson.

Note, you may have to complete additional forms to start your default or uncontested divorce. Consult with an uncontested divorce attorney for legal advice.

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Disclaimer! The content of this video and on this webpage provides a general overview. The material in this video and on this webpage are for educational purposes only, is not tailored to address your specific needs, and does not constitute legal advice. The information we provide in this video or on this webpage are not specific to your case as we do not know your case facts. Do not rely on any information presented on this webpage to make decisions regarding your California divorce. Again, the information presented herein is not legal advice. Consult with an attorney to obtain legal advice about your divorce.

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