Welcome to Start Your Divorce Thursdays! I’m Claudia Brown Coulter with Pivotal Peace, your go-to mediator for navigating divorce while parenting children with special needs. I’m also a Legal Document Assistant (LDA) based in the greater Los Angeles area. Today, let’s talk about the essential forms you need to start your divorce process.
Don’t Be Overwhelmed
People often get overwhelmed with the divorce process, but I’m here to guide you through it. Step one is crucial, and it’s easier than you think. Depending on whether you have kids and which county you’re in, you’ll need to fill out two, three, or four initial divorce forms.
The Non-Negotiable Forms
In California, the first two forms that everyone needs are the Petition and the Summons.
The Petition
The Petition is where you fill in your important information, like the date of marriage and the date of separation. Make sure you know these dates because they are crucial. The date of separation is when you decided that the relationship was over. It could be the date someone moved out, the day you told your spouse you wanted a divorce, or even the date you’re filling out the form. You both need to agree on this date to avoid disputes later.
If you’re in a domestic partnership or both a marriage and a domestic partnership, you’ll need to provide the start dates for both.
You’ll also list the names and birthdates of your children. Please ensure you spell their names correctly and provide accurate birthdates. It’s helpful if both you and your spouse can work together on this form.
The Petition will ask about custody arrangements: joint legal and physical custody or sole custody. Most people pick joint custody, but this is up to you.
Regarding property, the form will ask about separate and community property. Many people use general language to state that they will provide more details later. This helps get the process started without getting bogged down in specifics.
If you want to restore your former name, you can request this in the Petition. This is only for your former name, not for picking a completely new name.
Finally, sign and date the Petition.
The Summons
The Summons includes your spouse’s name, your name, and your address. It comes with Automatic Temporary Restraining Orders (ATROs), which prevent either party from making major changes like cutting off health insurance or selling property. This ensures stability during the divorce process.
Forms for Parents
If you have children, you’ll need to fill out the FL-105, the UCCJEA (Uniform Child Custody Jurisdiction and Enforcement Act). This form ensures that the court has jurisdiction over the children. It requires details about the children’s names, birthdates, birthplaces, and their residences for the past five years, including who they lived with.
Local Forms
Some counties, like Los Angeles, have local forms to ensure you are filing in the correct court. These forms are straightforward and necessary for proper filing.
Completing the Forms
These forms are not difficult, but if you feel overwhelmed, you can work with someone like me. A simple intake form can help us gather the necessary information, and we can assist in filling out your divorce forms. You’ll review the forms, suggest any changes, and once you’re happy with them, we’ll file them for you.
Serving the Forms
Once the forms are completed and filed, they need to be served to your spouse. This starts the six-month clock for the divorce process.
Final Thoughts
Starting your divorce should not be a daunting task. The first step is the quickest part of the process. If you have questions or need help with these forms, please reach out. Comment below or schedule a call with me. Remember, you don’t have to do this alone. I’m here to help you navigate through it smoothly.