Personal Information

First things first, you need to fill out your personal information:

  • Your Name: Use your full legal name—no nicknames.
  • Address: Include your street address, city, state, and zip code.
  • Phone Number and Email: Make sure these are up to date.
  • County and Court: Specify the county where you are filing (e.g., Los Angeles, Orange, Riverside) and the name of the court branch (e.g., Stanley Mosk, Van Nuys, Pasadena).

Identifying the Parties

Next, you’ll need to identify both you and your spouse:

  • Full Names: Include middle names or initials to avoid confusion. Keep the names consistent throughout the process. If you start with “Charles D. Jones,” use that exact name on all forms.

Type of Filing

Indicate whether you are filing for:

  • Divorce or Legal Separation: The process is the same for both.
  • Marriage or Domestic Partnership: If you’re in both, you’ll be terminating both statuses.

Residency Requirements

One of you must meet the residency requirements:

  • State Residency: Six months in California.
  • County Residency: Three months in the county where you’re filing.

If you’ve moved out of state but your spouse still lives in California, you can still file here.

Dates and Duration

Accurate dates are crucial:

  • Date of Marriage: Double-check this date.
  • Date of Separation: This can be the day you left or when you told your spouse you wanted a divorce. This date impacts how you negotiate assets and debts.

Information About Minor Children

List any minor children:

  • Full Names, Birth Dates, and Ages: Ensure all information is accurate. If you have more children than the form allows, attach an additional sheet.

Filing Grounds and Custody

Specify the grounds for your filing:

  • Grounds for Divorce: Most common is “irreconcilable differences.”
  • Custody: Legal custody (decision-making power) and physical custody (where the child lives). Joint custody does not necessarily mean 50/50 time split.

Spousal Support and Property

Address spousal support and property division:

  • Spousal Support: Indicate whether support will be paid or terminated for either party. Don’t leave this blank.
  • Separate Property: Assets acquired before marriage or after separation are typically separate property.
  • Community Property: Assets acquired during the marriage. You can list these or include a general statement and detail them later.

Additional Considerations

  • Attorney’s Fees: Specify if either party will pay attorney’s fees.
  • Name Restoration: If you took your spouse’s last name, decide if you want to restore your former name.
  • Other Requests: Include any other considerations for the court.

Final Steps

  • Sign and Date: Complete the form with your signature and the date.
  • Keep Copies: Always keep copies of all forms for your records.

Additional Forms

In addition to the petition, you will need to file:

  • Summons
  • UCCJEA (Uniform Child Custody Jurisdiction and Enforcement Act)
  • Local Forms specific to your county

These forms are crucial in notifying your spouse and the court about your divorce proceedings.

Why the Petition Matters

The petition is your formal request to the court to grant your divorce. It sets the stage for all subsequent steps and ensures that the court recognizes your intent to dissolve the marriage.

Helpful Resources

For more detailed guidance, you can visit the California Courts Self-Help Guide for comprehensive information on divorce proceedings. Additionally, websites like Nolo offer excellent resources for understanding divorce mediation and the overall process.