Divorce Settlement Agreement Template - California

How to File for Divorce in California?

Here is how you can formalize your divorce in the state of California:

1. To kickstart the divorce process, you need to prepare a petition describing the details of your marriage and proposing the settlement of matters like spousal and child support, responsibilities of parents that will continue to take care of their children after the separation, and fair distribution of assets and liabilities.
2. Complete the documentation to establish the custody for the kids you have together with your spouse and propose visitation time whether you are going to live with the kids or you want to offer the other parent the opportunity to have quality time with the children.
3. Submit the paperwork to the county court - note that you or your partner are supposed to live in that county for at least three months to be eligible to file the documents there. Do not forget to make copies of the petitions and declarations you have prepared - the original documents will remain with the court clerk who will put a stamp on the certified copies you get to keep.
4. Inform the spouse about your plans to divorce. To do it, you may hire a professional process server or ask any adult that does not have any personal interest in the divorce to do it. It is permitted to deliver the paperwork in person or send it by certified mail. Provide your spouse with the response form they will use to notify the court about their wishes pertaining to the separation. Once the documents are received, your spouse will need to acknowledge this fact via proof of service.
5. The recipient of the divorce petition will have a month to review the papers they got, compose a comprehensive response, file it with the court, and inform the person that drafted the petition about it.
6. Disclose your income, assets, and liabilities within two months after submitting the original petition - cooperate with your spouse to let each other know everything about your finances at the present time. You will also write a California Divorce Settlement Agreement to indicate your mutual rights and duties before and during the separation.
7. Ask the court to issue orders regarding the matters listed in the agreement if necessary. The judge will examine the paperwork and send you a judgment confirming a divorce via mail.

Haven't found the template you're looking for? Take a look at the related templates and forms below:

• Divorce Affidavit Form;
• Prenuptial Agreement Templates;
• Postnuptial Agreement Templates.