Divorce Pleadings

(Yes, we prepare all of these pleadings)

Initiation

FL-100 Petition—Marriage/Domestic Partnership: Starts the divorce (dissolution) or legal separation case. It identifies the parties, marriage details, and the issues the petitioner wants the court to address (e.g., property division, support, child custody).
Authority: “A proceeding for dissolution of marriage … is commenced by filing a petition entitled ‘In re the marriage of ____ and ____.’” — Family Code § 2330(a)
FL-110 Summons (Family Law): Official notice that a divorce case has been filed, summoning the other spouse to respond within 30 days. It also contains standard temporary restraining orders preventing both parties from transferring property, removing children from the state, or other major changes during the case.
Authority: “Restraining both parties from … disposing of any property … without the written consent of the other party or an order of the court.” — Family Code § 2040(a)(2)
FL-105 Declaration Under UCCJEA: Provides required information about minor children involved in the case (if any), including the children’s current address, residence history, and any other custody cases. This form is mandatory when the divorce involves children, to establish the court’s jurisdiction under the UCCJEA.
Authority: “In a child custody proceeding, each party, in its first pleading or in an attached affidavit, shall give information … under oath as to the child’s present address or whereabouts, the places where the child has lived during the last five years, and the names and present addresses of the persons with whom the child has lived during that period.” — Family Code § 3429(a)
FL-115 Proof of Service of Summons: Filed after the Summons, Petition, and other initiating documents are served on the respondent. It documents the details of service (date, time, location, and method of delivery, and who served the papers) to prove the respondent was properly served as required by law.
Authority: “Proof that a summons was served … shall be made … by the affidavit of the person making the service showing the time, place, and manner of service …” — Code Civ. Proc. § 417.10(a)
FL-117 Notice and Acknowledgment of Receipt: An optional method to serve the initial divorce papers by mail. The respondent signs this form to acknowledge receipt of the Summons and Petition, and then it is filed with the court as proof of service (service is effective upon signing, avoiding the need for personal service).
Authority: “Service of a summons pursuant to this section is deemed complete on the date a written acknowledgment of receipt of summons is executed …” — Code Civ. Proc. § 415.30(c)
FL-160 Property Declaration: An optional attachment for listing assets and debts in detail at the start of the case. The petitioner (or respondent) uses this form if more space is needed to describe community and separate property, ensuring full disclosure of property and debt issues from the outset.
Authority: “If no demand for … property … is contained in the petition and the judgment of dissolution … is entered by default, the filing of … property declarations … shall not be required.” — Family Code § 2330.5
FL-300 Request for Order: A motion used to ask the court for temporary orders for relief such as child custody or visitation, child support, spousal support, attorney fees, or other immediate orders while the divorce is pending. It can be filed at the case outset (along with the Petition) if interim court orders are needed before the final judgment.
Authority: “A notice of motion or order to show cause must be filed on a Request for Order (form FL-300), unless another Judicial Council form has been adopted or approved for the specific motion or order to show cause.” — Cal. Rules of Court, rule 5.92(a)(1)
FL-311 Child Custody and Visitation Attachment: Optional form for detailing a proposed parenting plan when custody or visitation orders are requested (for example, attached to a Petition or Request for Order involving children). It allows a party to specify the custody schedule, holiday plan, and other parenting arrangements to ensure nothing is overlooked in the custody request.
Authority: “It is the public policy of this state to assure that children have frequent and continuing contact with both parents … unless that contact would not be in the child’s best interest.” — Family Code § 3020(b)
FL-150 Income and Expense Declaration: Provides a party’s complete financial information under oath (income, expenses, assets, and debts). This form is required whenever a party is requesting financial orders such as child support, spousal support, or attorney’s fees at the start of the case, so the court can assess each party’s ability to pay and financial needs.
Authority: “A copy of the prior year’s federal and state personal income tax returns shall be attached to the income and expense declaration of each party.” — Family Code § 3665(a)
FW-001 Request to Waive Court Fees: Application for a fee waiver, filed by a party who cannot afford the court’s filing fees (due to low income or public assistance). If approved, the filing fees for the divorce case (and other court costs) are waived, allowing the case to start without payment.
Authority: “If a person has filed an application for an initial fee waiver, the person shall be permitted to file his or her pleading or other papers immediately, without paying any fees.” — Gov. Code § 68634(c)
FW-003 Order on Court Fee Waiver: The court’s order either granting or denying the fee waiver request. A granted order means the applicant can proceed without paying fees (sometimes with a later review for ability to pay); a denial (or partial grant) will specify which fees must be paid and by when for the case to go forward.
Authority: “An application for a fee waiver is deemed granted five court days after it is filed, unless … the court gives notice of action on the application …” — Gov. Code § 68634.5(f)
FL-980 Application for Order for Publication or Posting: A request for court permission to serve the Summons by alternative means when the respondent cannot be located for personal service. The petitioner must demonstrate diligent efforts to find the respondent. If approved, the court will allow service by publishing the Summons in a newspaper or, if the petitioner has a fee waiver, by posting it at the courthouse (upon granting of this application).
Authority: “A summons may be served by publication if upon affidavit it appears … that the party to be served cannot with reasonable diligence be served in another manner.” — Code Civ. Proc. § 415.50(a)
FL-982 Order for Publication or Posting: The court’s order authorizing service of the Summons by publication or posting, as requested in form FL-980. This order will designate how and where the Summons must be published (e.g., in a named newspaper for a specified duration) or posted, and is used in situations where traditional service is not possible.
Authority: “Where no provision is made … for the service of summons, the court … may direct that summons be served in a manner which is reasonably calculated to give actual notice …” — Code Civ. Proc. § 413.30

Temporary Orders

Request for Order (Form FL-300) – The primary pleading to seek interim court orders (e.g., custody, visitation, child or spousal support) during a pending dissolution case. Filing this form sets a hearing date and notifies the other party of the specific temporary relief requested.
Authority: “A notice of motion or order to show cause must be filed on a Request for Order (form FL-300), unless another Judicial Council form has been adopted or approved for the specific motion or order to show cause.” — Cal. Rules of Court, rule 5.92(a)(1)
Responsive Declaration (Form FL-320) – The responding party’s pleading to state their position regarding the orders requested in the FL-300. It allows the respondent to oppose or agree to the temporary orders and to set forth any related counter-requests, ensuring both parties’ contentions are before the court at the hearing.
Authority: “The responding party must complete, file, and serve a Responsive Declaration to Request for Order (form FL-320) … [which] must set forth facts sufficient to notify the other party of the declarant’s contentions in response to the request for order.” — Cal. Rules of Court, rule 5.92(b)(1)
UCCJEA Declaration (Form FL-105) – A mandatory affidavit filed when custody or visitation orders are sought, listing the child’s residence history and any other custody proceedings. This form is used to establish jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act and must accompany the first pleading that raises custody issues.
Authority: “In a child-custody proceeding, each party, in its first pleading or in an attached affidavit, shall give information, if reasonably ascertainable, under oath as to the child’s present address, the places where the child has lived during the last five years, and the names and present addresses of persons with whom the child has lived.” — Family Code § 3429
Income and Expense Declaration (Form FL-150) – A detailed financial statement required whenever temporary support or attorney fees are at issue. It provides the court with each party’s income, expenses, assets, and debts, enabling a needs-versus-ability analysis for setting child support, spousal support, or awarding need-based fees while the case is pending.
Authority: “A completed Income and Expense Declaration (form FL-150) … must be filed with the Request for Order … when relevant to the relief requested unless a current form is on file with the court.” — Cal. Rules of Court, rule 5.92(a)(5)
Temporary Child Custody/Visitation Order – Establishes a provisional parenting plan (legal custody, physical custody, and visitation schedule) to govern the children’s care during the divorce process. Typically requested early in the case to provide stability and protect the children’s best interests until a final custody determination is made.
Authority: “The court may, during the pendency of a proceeding or at any time thereafter, make an order for the custody of a child during minority that seems necessary or proper.” — Family Code § 3022
Ex Parte Application for Emergency Orders – An urgent one-sided request for immediate temporary relief without full notice to the other party, used only in exceptional circumstances to prevent imminent harm or irreparable injury. Common examples include emergency changes in custody/visitation to protect a child, orders to prevent removal of a child from the state, or orders to prevent immediate loss or damage to property, effective only until a noticed hearing can be held.
Authority: “… make orders to help prevent an immediate danger or irreparable harm to a party or to the children involved in the matter; … make orders to help prevent immediate loss or damage to property…” — Cal. Rules of Court, rule 5.151
Temporary Child Support Order – Requires one or both parents to pay child support on a pendente lite basis, ensuring the children’s financial needs are met while the divorce is ongoing. This order is typically calculated under statewide guideline formulas and is modifiable as incomes or circumstances change before final judgment.
Authority: “During the pendency of any proceeding for dissolution of marriage … the court may order … either or both parents to pay any amount necessary for the support of the child, as the case may be.” — Family Code § 3600
Temporary Spousal Support Order – An order for one spouse to pay support to the other during the divorce proceedings. It is intended to maintain the status quo and provide for the supported spouse’s reasonable needs until a permanent spousal support order is decided, and is generally based on the parties’ incomes and the marital standard of living.
Authority: “During the pendency of any proceeding for dissolution of marriage … the court may order … either spouse to pay any amount that is necessary for the support of the other spouse.” — Family Code § 3600
Attorney’s Fees and Costs (Pendente Lite) – A request for a need-based order that one party pay some or all of the other party’s attorney fees and litigation costs while the case is pending. Such interim fee awards are designed to ensure both parties have equal access to legal representation by requiring a wealthier spouse to contribute to the poorer spouse’s legal expenses if there is a financial disparity.
Authority: “In a proceeding for dissolution of marriage, nullity, or legal separation, the court shall ensure that each party has access to legal representation, including access early in the proceedings, to preserve each party’s rights by ordering, if necessary … one party … to pay … whatever amount is reasonably necessary for attorney’s fees … during the pendency of the proceeding.” — Family Code § 2030(a)(1)
Domestic Violence Restraining Order (DVRO) – A protective order requested to stop domestic abuse or threats between spouses or family members during a divorce. Typically initiated by filing a DVRO application (e.g., Form DV-100) to obtain immediate restraining orders (personal conduct orders, stay-away orders, residence exclusion, etc.) on a temporary basis, followed by a noticed hearing to determine if longer-term orders (up to five years) should issue for the family’s safety.
Authority: “An order may be issued under this part to restrain any person for the purpose specified in Section 6220, if an affidavit or testimony … shows, to the satisfaction of the court, reasonable proof of a past act or acts of abuse.” — Family Code § 6300(a)

Judgment

Appearance, Stipulations, and Waivers (FL-130) – Used when both spouses agree to proceed without the respondent filing a formal response, allowing the respondent to make a general appearance and both parties to waive further notice and a court hearing. This form is typically used in uncontested cases or “default with agreement” scenarios to streamline the judgment process.
Authority: “A defendant appears in an action when he … gives the plaintiff written notice of his appearance…” — Code Civ. Proc. § 1014
Request to Enter Default (FL-165) – A request filed by the petitioner to have the respondent’s default entered after no response is filed within the legal time frame. It is used when the respondent fails to respond, allowing the petitioner to proceed toward a default judgment.
Authority: “…the petitioner shall provide the court clerk with a stamped envelope … addressed to the spouse who has defaulted, … and the court clerk shall mail a copy of the request to enter default to that spouse…” — Family Code § 2335.5
Declaration for Default or Uncontested Dissolution or Legal Separation (FL-170) – A sworn declaration by the petitioner used in place of live testimony when obtaining a judgment in a default or uncontested divorce. It sets forth the necessary facts (such as jurisdiction, irreconcilable differences, and any agreements) so the court can grant the divorce by declaration without a court hearing.
Authority: “No judgment of dissolution of marriage … may be granted upon the default of one of the parties… but the court shall… require proof of the grounds alleged, and the proof, if not taken before the court, shall be by affidavit.” — Family Code § 2336(a)
Stipulation and Waiver of Final Declaration of Disclosure (FL-144) – An agreement signed by both parties to mutually waive the exchange of final financial disclosure statements. It is used when the parties have reached a settlement, allowing the case to proceed to judgment without the final declaration of disclosure (assuming preliminary disclosures were completed).
Authority: “The parties may stipulate to a mutual waiver of … the final declaration of disclosure, by execution of a waiver under penalty of perjury…” — Family Code § 2105(d)
Judgment (Family Law) (FL-180) – The final judgment form that, once signed by the court, officially dissolves the marriage and incorporates all terms of the divorce (property division, support, custody, etc.). This form is prepared by the parties (often with attached agreements or orders) and submitted for the judge’s signature after all requirements are met, concluding the case.
Authority: “A judgment of dissolution of marriage shall specify the date on which the judgment becomes finally effective for the purpose of terminating the marriage relationship of the parties.” — Family Code § 2340
Notice of Entry of Judgment (FL-190) – A notice used by the court clerk to officially inform the parties that the judgment has been entered. It is mailed to each party (or their attorney) after the judge signs the judgment and includes the date of entry and (if applicable) the date the dissolution of marriage becomes final.
Authority: “The court clerk shall give notice of entry of judgment of dissolution of marriage … to the attorney for each party or to the party, if unrepresented.” — Family Code § 2338.5(b)
Marital Settlement Agreement (Stipulated Judgment) – A written agreement between the spouses that resolves all issues of the divorce (property division, support, custody, etc.), typically attached to and incorporated into the judgment. Often used in uncontested or default-with-agreement cases, it allows the court to enter a judgment based on the parties’ stipulation without a trial.
Authority: “Except upon the written agreement of the parties, … the court shall … divide the community estate … equally.” — Family Code § 2550
Motion to Bifurcate Marital Status (Status-Only Judgment) – A motion requesting an early, separate trial on the issue of marital status alone, so that the marriage can be terminated before other issues are resolved. This pleading is used when a party seeks to be restored to single status while reserving jurisdiction to address property, support, or custody issues at a later time.
Authority: “In a proceeding for dissolution of marriage, the court, upon noticed motion, may sever and grant an early and separate trial on the issue of the dissolution of the status of the marriage apart from other issues.” — Family Code § 2337(a)
Status-Only Judgment (Bifurcated Judgment) – A partial judgment that dissolves the marital status (restoring the parties to single status) while leaving all other issues reserved for future determination. Entered after a status bifurcation is granted, this judgment terminates the marriage but expressly reserves jurisdiction over the unresolved issues until they are decided.
Authority: “A judgment granting a dissolution of the status of the marriage shall expressly reserve jurisdiction for later determination of all other pending issues.” — Family Code § 2337(f)

Post-Judgment

Motion to Modify Child Custody or Visitation – A request to change a final custody or visitation order after judgment, typically made when there are significant changes in circumstances or the modification is in the child’s best interests. This pleading is brought by filing a post-judgment Request for Order asking the court to alter parenting arrangements established in the original judgment.
Authority: “An order for joint custody may be modified or terminated upon the petition of one or both parents or on the court’s own motion if it is shown that the best interest of the child requires modification or termination of the order.” — Family Code § 3087
Motion to Modify Child Support – A post-judgment request to increase or decrease an existing child support order due to a change in circumstances (such as income or needs of the child) since the prior order. It is typically filed by a parent when current support no longer aligns with the statewide guideline or the child’s welfare.
Authority: “A support order may be modified or terminated at any time as the court determines to be necessary.” — Family Code § 3651(a)
Motion to Modify Spousal Support – A request to adjust the amount or duration of court-ordered spousal support (alimony) after the divorce judgment, usually based on a material change in either party’s financial circumstances (e.g., job loss, retirement, increased income) or other justified change. Absent an agreement making support nonmodifiable, the court retains discretion to revise spousal support post-judgment.
Authority: “An order for spousal support may not be modified or terminated to the extent that a written agreement … specifically provides that the spousal support is not subject to modification or termination.” — Family Code § 3651(d)
Contempt (Order to Show Cause) – An enforcement proceeding initiated when one party willfully disobeys a court order (such as failing to pay support or violating a custody order). The moving party files an Order to Show Cause re: Contempt, which, if granted, directs the non-compliant party to appear in court and potentially face penalties (fines or jail time) unless they comply with the order.
Authority: Family law “judgments or orders … may be enforced ‘by execution, the appointment of a receiver, or contempt.’” — Family Code § 290
Wage Garnishment (Earnings Assignment Order) – A standard Judicial Council order that directs the paying spouse’s employer to withhold court-ordered support (child or spousal) from the paycheck and send it directly to the recipient or State Disbursement Unit. This post-judgment order is typically issued automatically with any support order to ensure timely, consistent payments and can be enforced if the payor falls behind.
Authority: “Whenever a support order is established or modified, the court must include an earnings assignment order for support in the order.” — Family Code § 5230
Writ of Execution – A court order obtained after judgment to collect on a money judgment (for example, unpaid equalization payments, support arrears, or attorney fees). The writ authorizes the levying officer (usually the sheriff) to seize the judgment debtor’s assets or funds (such as bank accounts or property) and apply them toward satisfaction of the judgment.
Authority: “After entry of a money judgment, a writ of execution shall be issued by the clerk of the court upon application of the judgment creditor.” — Code Civ. Proc. § 699.510(a)
Notice of Appeal – The formal pleading filed to initiate an appeal of a final judgment or appealable post-judgment order in a dissolution case. This notice is filed in the trial court (typically within 60 days of notice of entry of judgment) and divests the trial court of jurisdiction over the matters on appeal, transferring review to the California Court of Appeal to address alleged legal errors in the decision.
Authority: “An appeal may be taken from a judgment, except an interlocutory judgment ….” — Code Civ. Proc. § 904.1(a)
Motion for New Trial – A post-trial motion asking the family court to re-examine some or all issues of the case by conducting a new trial, despite a judgment having been entered. It is used when the aggrieved party claims that errors during the original trial (e.g., legal error, insufficient evidence, jury misconduct, or other statutory grounds) resulted in an unjust decision, and it must be filed shortly after entry of judgment.
Authority: Code of Civil Procedure § 657 provides that “a new trial may be granted on all or part of the issues upon grounds, inter alia, of excessive damages and/or insufficiency of the evidence.” — Code Civ. Proc. § 657
Motion to Set Aside Judgment – A request that the trial court vacate (nullify) the existing judgment and enter a different judgment, typically on the limited grounds permitted by law (e.g., a legal error in the decision or a judgment inconsistent with the verdict or findings). Often filed in lieu of or alongside a new trial motion, this post-judgment motion must be timely filed and specifically identify the defects in the judgment warranting relief.
Authority: “A party intending to make a motion to set aside and vacate a judgment … shall file with the clerk and serve upon the adverse party a notice of … intention, designating the grounds upon which the motion will be made ….” — Code Civ. Proc. § 663a