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You are here: Families & Children > Divorce, Legal Separation & Annulment > Get a Divorce, Legal Separation, or Annulment > Guide for an Uncontested Case for Divorce, Legal Separation, or Annulment > Step 5: File the Judgment Forms
Click on a topic below:
When can I start Step 5?
Judgment by declaration or hearing?
Forms to Fill Out
Other Forms You May Need
Instructions for Filing Your Last Set of Forms
When You Need the Local Child Support Agency's Approval for Child Support Payments
What if the clerk returns the forms without filing them?
Final Details and Reminders
When will the court process be over?
What if you want to change the agreements you made, but the Judgment is already final?
When can I start Step 5?
Before you can file your judgment forms, you must have filled out, filed, and served the Request to Enter Default (form FL-165) or the Appearance, Stipulations, and Waivers form (form FL-130).
You can also file the forms for Steps 4 and 5 at the same time. Step 5 may be done concurrently with Step 4, and all of the forms can be filed together.
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Judgment by declaration or hearing?
You must tell the court if you want your judgment mailed to you, or if you want a court hearing so you can have the judgment entered in person.
If you have asked for an annulment (a judgment of nullity of marriage or domestic partnership), you must go to a hearing. You must also file a declaration that explains the facts that support your claim that the marriage or domestic partnership was never legally valid (unsound mind, incest, bigamy, being under the age of consent, etc.).
Note: If you have minor children with the other party, you must make sure to get an order establishing their parentage.
Judgment by Uncontested Hearing
In cases where your spouse or domestic partner does not file a Response or you have an agreement, the court hearing to get your judgment is usually short. Your spouse or domestic partner does not have to go to the hearing.
In most uncontested hearings, the judge will ask you only a few questions. Most judges ask the following:
- For married persons and persons who entered into their domestic partnership outside of California, were you a resident of the county for 3 months and the state for 6 months immediately prior to filing your petition?
- Is everything in your Petition true and correct?
- During your marriage or domestic partnership, did "irreconciliable differences" develop between you and your spouse or domestic partner?
- Is the relationship totally broken down?
- Do you want the judge to grant the divorce?
Sometimes the judge will go through each item in your judgment with you to make sure that you are getting the right orders for your case.
If something needs to be corrected, ask the judge for a new hearing date. You can make the changes and come back to court. Judgment by Declaration
If you want to get your judgment approved by mail, you must fill out and file 1 extra form, the Declaration for Default or Uncontested Dissolution or Legal Separation (form FL-170).
This form tells the court what you would say if you went court. The court clerk can tell you how many copies and envelopes you need to give the court.
It may take several weeks or months before you get the judgment in the mail. It will take even longer if the court rejects your request because you did not fill out the forms correctly, or if the court decides you must have a court hearing.
The court will probably reject your Judgment form if:
- The Judgment form includes property and debts or other issues that were not listed in your Petition (form FL-100) or your Property Declaration (form FL-160), unless you wrote on those forms that you did not know the value of those assets and the debts were unknown at the time you filed the forms;
- The property division requested on the property declaration forms, or agreed to in the settlement agreement or stipulated judgment, appears to be 1-sided or unfair;
- Your forms don't give enough information about your finances or parenting plan to calculate support orders;
- You have a case with the local child support agency and you did NOT get approval for the proposed child support payments from the local child support agency;
- The judge does not have proof of service for the Summons and the Petition; or
- You were missing a required court form.
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Forms to Fill Out
To download a form (in PDF format), click on the form number in the table below:
If you or your spouse or domestic partner is asking for child custody or visitation orders, also fill out and file the following form. To download the form (in PDF format), click on the form number in the table below:
If you or your spouse or domestic partner is asking for support orders in the Judgment, also include and file the following forms. To download a form (in PDF format), click on the form number in the table below:
| Alert! After you fill out the last set of forms, have them reviewed by a lawyer to be sure you have completed them correctly. |
In some counties you have to fill out and file the following forms if:
- You're asking for support orders in the Judgment,
- If your marriage or domestic partnership lasted more than 10 years even if you aren't asking for support orders, or
- You and your spouse or domestic partner have already agreed to a support amount in your settlement agreement or stipulated judgment.
Before you fill out form FL-150, contact your court clerk, family law facilitator, or a lawyer to find out about your court's rules. Click here to find the address, telephone number, and web site of your court.
To download a form (in PDF format), click on the form number in the table below:
Alert! Some courts say you must get a computer printout showing what child, spousal or partner support should be. You can get this from a lawyer, the local child support agency, the family law facilitator, some law libraries  , or on the Internet. You will need your completed Income and Expense Declaration (form FL-150) and all attachments to get the computer printout. |
| Alert! After you fill out the last set of forms, have them reviewed by a lawyer to be sure you have completed them correctly. |
Remember:
- If your spouse or domestic partner has filed a Response to the Petition and signed a settlement, you will also need to file an Appearance, Stipulation, and Waivers, form FL-130.
- If your spouse or domestic partner has NOT filed a Response to the Petition and signed a settlement agreement, you will need to file the Request to Enter Default, form FL-165 or you can file an Appearance, Stipulation and Waivers, form FL-130.
If your spouse or domestic partner has NOT filed a Response to the Petition and has NOT signed a settlement agreement, you will need to file the Request to Enter Default, form FL-165.
| Alert! After you fill out the last set of forms, have them reviewed by a lawyer to be sure you have completed them correctly. |
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Other Forms You May Need
Real estate: If your Judgment says only 1 of you will own real estate that you used to own together, you must sign and record a deed on any real estate. Ask a lawyer for help with this process.
Motor vehicles: If your Judgment says only 1 of you will own a motor vehicle that you used to own together, fill out and file a Department of Motor Vehicles (DMV) form, Notice of Transfer and Release of Liability (REG 138) , to change title to the motor vehicle.
Retirement benefits: If your Judgment says 1 of you will receive a portion of the other spouse's retirement benefits at some future date, fill out and file an additional order called "Qualified Domestic Relations Order" (QDRO).
The QDRO must be approved by both the benefits provider and the judge to assure that the spouse that is not the employee of the company or organization will receive those future benefits. This is not a standard court form. QDROs are complicated.
Ask a lawyer for help filing a QDRO. Click here for help finding a lawyer.
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Instructions for Filing Your Last Set of Court Forms
Mail or deliver to the court clerk the original and 2 copies of all the forms you've prepared (except for the Judgment-the clerk will need the original and 4 copies of that form and its attachments).
Include two 8-1/2" by 11" (or larger) envelopes with first-class postage on them, 1 addressed to you, 1 addressed to your spouse or domestic partner. It will take several weeks before you receive these forms back.
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When You Need the Local Child Support Agency's Approval for Child Support Payments
If 1 parent gets public assistance benefits for a child of this marriage, the local child support agency (LCSA) has to approve the amount of child support that will be paid.
You must go to the LCSA in the county that is paying the benefits or has filed papers involving a child of this marriage. Send a copy of your final forms to the office of the LCSA before giving them to the court.
The LCSA must read and sign your proposed Judgment (and Stipulation to Establish or Modify Child Support and Order (form FL-350) if you use this form) to show that they approve. Then, file the signed original of the final documents with the court clerk, along with your other forms.
| Alert! Your spouse or domestic partner may need to pay a first-appearance filing fee when he or she signs and files form FL-350. If your spouse or domestic partner can't afford the filing fee, he or she can ask for a waiver of the fee by filing an Application for Waiver of Court Fees and Costs. Click here for more information about court fees and fee waivers. |
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What if the clerk returns the forms without filing them?
There are a lot of things to keep track of when you prepare and submit these final forms. The court clerk will return your court forms without filing them if you leave out a form or some information on a form, or it is not clear what you are asking for.
Often the clerk will include an instruction sheet telling what is needed before the forms can be accepted for filing. If you are not sure what needs to be done to solve the problem, talk to a lawyer or a family law facilitator.
Sometimes, the forms will be returned with a request that you set a court hearing. This usually means that you are asking for something that the judge needs more information about.
If the court requests that you set a hearing, contact a lawyer or family law facilitator. You may need to give notice of the hearing to your spouse or domestic partner.
When you attend your hearing, be sure to bring anything the clerk's letter asks for, as well as your copies of all the forms you have prepared or received for your case.
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Final Details and Reminders
- Make sure someone - not you - serves the filed copy of the Judgment on your former spouse or domestic partner. Then, file the Proof of Service with the court clerk.
- Think about whether you want to change the beneficiary on your will or life insurance policy.
- Close all credit card accounts that list both spouses or domestic partners and open a new one in your name alone.
- Tell your employer when your marriage or domestic partnership ends so you can change your income tax withholding status or the name of the beneficiary for any employee benefits. Your employer will send information to your former spouse or domestic partner about the cost of continued health insurance coverage.
- If support is to be paid by wage assignment, be sure that a filed copy of the Earnings Assignment Order for Spousal or Partner Support (form FL-435) (for spousal and partner support only) OR Order/Notice to Withhold Income for Child Support (form FL-195/OMB 0970-0154) (for child support or family (spousal and child) support) is sent to the paying party's employer's payroll department UNLESS the parties agree that support will be paid voluntarily by 1 party to the other. If the parties have an agreement, the Earnings Assignment Order for Spousal or Partner Support or Order/Notice to Withhold Income for Child Support is not sent unless the paying party misses one or more voluntary payments.
- Prepare your court forms carefully and keep copies of everything you or your spouse or domestic partner files with the court.
- If you go to court:
- Listen carefully and answer each question asked;
- Don't interrupt or argue with your spouse or domestic partner or the judge;
- Treat both your spouse or domestic partner and the judge with respect;
- Take paper and a pen with you and write down what the judge says.
- If you have been a victim of domestic violence, make a safety plan before you tell your spouse or domestic partner you want a divorce, legal separation, or annulment. Call 1-800-799-7233 (TDD: 1-800-787-3224) to find a domestic violence agency in your county. Click here for more help with domestic violence.
- The legal process for divorce, legal separation, or annulment is complicated. Remember: each form and each step is important. Follow them to ensure that everyone's legal rights are understood and protected.
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When will the court process be over?
The court process is over when:
- The clerk returns your filed Judgment,
- You have the Judgment served on your spouse or domestic partner, and
- Your Judgment has a stamp in the upper right corner and the judge's name is stamped on the line for judge's signature.
Save your copy of the Judgment so that you can show how and when your marital status ended (for divorces).
If there are minor children and your case was uncontested, your Judgment also includes your child custody, visitation, and support orders.
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What if you want to change the agreements you made, but the Judgment is already final?
Parents can make new agreements about the custody/visitation and support of their children at any time. You can do this on your own or with a lawyer or mediator's help.
You should file your agreement with the court. A lawyer can explain how to file your new agreement. You may also ask for help from the family law facilitator about child support. You can use form FL-350 to change your child support agreement. You can use form FL-355 to change your child custody agreement.
If you and the other parent can't agree but you still want a different order regarding your children, you can file a motion for modification of your current order. There must be a substantial change in the children's needs or family situation. Talk to a lawyer before filing a motion for modification. You may also ask for help from the family law facilitator about child support.
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Last modified: 03/17/2008
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