How to Initiate a Divorce in Los Angeles County
To initiate a divorce (dissolution of marriage) in Los Angeles County, you will need to prepare and file several forms with the Los Angeles Superior Court. Below is a step-by-step overview of the process.
Step 1: Prepare the Required Forms
- Family Law Case Cover Sheet and Certificate of Grounds for Assignment to District (FAM-020): This form is specific to Los Angeles County and is required for all new family law filings. It identifies the type of case and determines which district courthouse will handle the matter.
- Petition for Dissolution (FL-100): This is the primary document that formally requests the court to dissolve the marriage. It identifies both parties, the date of marriage, the date of separation, and the relief being requested (e.g., property division, spousal support, child custody).
- Summons (FL-110): The Summons notifies the other party that a divorce proceeding has been filed and imposes Automatic Temporary Restraining Orders (ATROs) on both parties. These orders restrict certain actions, such as transferring assets, changing insurance beneficiaries, or removing minor children from the state.
- Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (FL-105): This form is required if the parties have minor children. It provides information about the children’s residence history over the past five years and any existing custody orders or proceedings. If the parties have more than two minor children, an additional FL-105/GC-120 attachment is required.
Step 2: File the Forms
Once the forms are completed, file them with the Los Angeles Superior Court. You can file electronically through the court’s e-filing portal at www.lacourt.org/efiling, or file in person at the appropriate courthouse. The FAM-020 form determines which district courthouse will be assigned to your case.
The filing fee for a Petition for Dissolution in California is currently $435. If you cannot afford the filing fee, you can apply for a fee waiver by filing a Request to Waive Court Fees (FW-001).
Step 3: Serve the Other Party
After filing, you must have the Summons and Petition personally served on the other party. You cannot serve the documents yourself. Service must be completed by someone who is at least 18 years old and not a party to the case. You may use a professional process server, the sheriff’s department, or any other qualified adult.
The person who completes service must fill out a Proof of Service of Summons (FL-115) and file it with the court. This document confirms that the other party received proper notice of the proceedings.
Step 4: Wait for the Response
After being served, the other party (Respondent) has 30 days to file a Response (FL-120) with the court. The Respondent must also pay a $435 filing fee (or apply for a fee waiver).
If the Respondent does not file a Response within 30 days, you may be able to proceed by default. A default means the court can grant the relief you requested in your Petition without the Respondent’s input.
Step 5: Preliminary Declarations of Disclosure
Both parties are required to exchange Preliminary Declarations of Disclosure within 60 days of filing the Petition (for the Petitioner) or filing the Response (for the Respondent). The disclosure includes:
- Declaration of Disclosure (FL-140): A cover sheet identifying the documents being served.
- Income and Expense Declaration (FL-150): Details about each party’s income, expenses, assets, and debts.
- Schedule of Assets and Debts (FL-142): A comprehensive list of all assets and debts known to the disclosing party.
These documents are served on the other party but are not filed with the court. A Declaration Regarding Service of Declaration of Disclosure (FL-141) must be filed with the court to confirm that the exchange occurred.
Important Notes
- California has a six-month waiting period from the date of service of the Summons and Petition. The earliest the court can enter a judgment of dissolution is six months and one day after service.
- The ATROs on the Summons (FL-110) take effect immediately upon filing for the Petitioner and upon service for the Respondent. Both parties must comply with these restraining orders throughout the case.
- If you have children, the court will also need to address custody, visitation, and child support as part of the proceedings.
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