Divorce cases start with the filing of a variety of different judicial forms. Petition (FL-100) and Summons (FL-110) at the family law court are filed first. Next step is to properly serve the other spouse with the initial family court documents and then file Proof of Service of Summons (FL-115). Along with the Petition & Summons, financial disclosures (information regarding income, expenses, assets and debts) must be prepared & exchanged by CA law, (FL140, FL 142, FL 150 & FL 160.) Once the 30 calendar days have expired, the clients choose what type of divorce they are seeking. 

Divorce with Signed Agreement: This is called “uncontested” because your spouse filed a response (FL-120) to your summons and petition AND the 2 of you have a written agreement about your divorce which pertains to the division of property, division of debt, child custody/visitation and spousal support, if applicable.

Default Divorce with Agreement: Also considered a “uncontested” divorce. More than 30 calendar days have passed since the Petition & Summons has been served AND the respondent (the other spouse) did not file a response by filing the FL-120 judicial form HOWEVER the 2 of you choose to have a written agreement surrounding the division of property, division of debt, child custody/visitation and spousal support, if applicable. Since the other spouse did not file their respective response using the judicial form: FL-120, it becomes a default but can still be considered an uncontested divorce since an agreement is being made between both spouses.

True Default: This is called a “true default” because the petitioner never received a response from the other spouse within the required 30 calendar days AND there is no written agreement between spouses.

If minor children are involved, there are additional judicial forms that must be completed, in addition, local county forms that must be included when filing divorce documents. Once these judicial forms have been filed, both parties can move to terminate the marriage and must file further judicial forms to receive the final divorce judgment.

As a legal document assistant preparer, I can prepare the necessary judicial forms to help avoid the delay of a final divorce judgment so long as the divorce is a “uncontested” or “true default” divorce.