Uncontested Divorce California Checklist
Updated: Nov 22, 2021
When getting started with a divorce, it isn't hard to get things started. In this article we will discuss the steps on how you can have a successful divorce.
Uncontested Divorce in California Checklist Simplified:
Step 1: Initiate filing for a divorce by the Petitioner
The first spouse that initiates the filing is called the petitioner. They complete the forms to open a case and have someone over the age of 18 serve the forms to the other spouse.
Step 2: Response from the Respondent
If the spouse has been served with the petition, they are required to file an answer within 20 days or else the court may grant default judgment against them. The person serving the papers must sign the return receipt and then mail it back to the court. This document shows proof that the documents were delivered to the defendant.
Step 3: Declarations and Disclosures
In order to proceed with the divorce, both parties need to provide certain information about their finances. Both spouses should fill out a declaration form which includes information such as income, assets, debts, and any other relevant financial information. They also need to disclose all marital property owned by either party. If there is any real estate involved, the title needs to be transferred into the name of one of the spouses.
Step 4: Close on an agreement
Once the declarations have been filed, the spouses can begin negotiating a settlement agreement. The agreement would outline what each party wants to receive in exchange for giving up their rights to the marriage. It could include child support, spousal support, division of assets, etc. Once the terms of the agreement are agreed upon, the parties can close on the agreement through mediation. Mediation is when the two parties meet face-to-face to work through the issues.
Step 5: Complete and Submit the Final Judgement and Agreements to the Court
After the agreements have been finalized, the final judgement needs to be submitted to the court. The judge will review the documents and make sure everything is accurate before signing off on the final judgement. After the final judgement has been signed, the parties will no longer be married.
Here at Independent Legal Solutions, we will help you through the uncontested divorce process. If you would like to hear more about this or need advice from an expert paralegal, give us a call at 909-451-9819 or send us a message.