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California Family - Petition to Initiate Divorce
California
This workflow asks questions to automatically fill out the California Judicial Council Forms for a Petition for divorce in California. It considers divorces with or without children, and with or without property.
Family Law, Divorce
California Family - Petition to Initiate DivorceThe information provided on this website/page is for general informational purposes only. It should not be construed as legal advice, nor does it create an attorney-client relationship between the author and any readers or users of this content.
Reviewed By
Carmee Murphy
Attorney
Carmee Murphy graduated from Carnegie Mellon University in 2002 and the University of Pittsburgh School of Law in 2005. Ms. Murphy has 20 years of experience in civil litigation. From 2014 to 2017, Ms. Murphy was selected to the New York Super Lawyers® Rising Stars list, and in 2019, selected to the Pennsylvania Super Lawyers® Rising Stars list. Since 2017, Ms. Murphy has advised and assisted solo practitioners and law firms in civil proceedings in a variety of state and federal jurisdictions.
When initiating a divorce proceeding involving children in California, you may need to fill out the FL-105 UCCJEA form. This form is required when any legal action involves determining custody and visitation arrangements, as it provides the court detailed information about the children's residence history for the past five years. The purpose of this form is to help the court establish jurisdiction over child custody matters under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA).
- You might start by filing a Petition for Dissolution of Marriage (FL-100) if you're initiating a divorce.
- The filing of a Summons (FL-110) will often precede the need for this form, as it notifies the other party of the legal action.
- Sometimes this form is accompanied by a Request for Order (FL-300) asking the court to make decision on specific issues in the divorce, and set the date, time and location of any hearing(s).
- If there's an emergency, you might need a Temporary Emergency Court Order (FL-305), which also necessitates providing information about the children.
Completing the FL-105 form is triggered by the presence of minor children in the marriage and the need to address their living arrangements and visitation rights post-separation. It ensures that the custody decision is made by the appropriate court and is crucial for anyone involved in a divorce or custody battle, including to finalize a divorce proceeding. Failing to provide accurate information can lead to legal complications, making this one of the first steps in a custody-related legal process.
- Determine Parties Involved: Ensure you are a party seeking custody determination, such as a parent or legal guardian.
- Complete the Form: Fill out the FL-105 UCCJEA form thoroughly, providing all current and previous addresses for the children involved for the past five years.
- File with the Appropriate Court: Submit the completed form to the Superior Court of California in the county where your case is being filed.
- Serve Copies: Provide copies of the completed form to all involved parties, such as the other parent or guardian, following legal service procedures.
- Stay Updated: Keep the court informed of any changes in custody information after filing, as required by California law.
Confidential Address
If your present address or a child's address is confidential due to safety reasons, make sure to indicate this clearly in item 3, rather than providing the actual address. Reference Family Code section 3429 for confidentiality provisions.
Residence History
Provide a complete five-year history of where each child has lived, including specific dates and relationships. This section is crucial for determining jurisdiction, so be meticulous about detail. If the child has moved frequently, list all addresses, even if this means using an additional page.
Other Custody Cases
If there are other ongoing or past custody cases involving the children mentioned, you must disclose this information. Attach relevant case details, and include any existing orders that could impact the current proceeding.
Custody Claims by Others
Identify if anyone besides the listed parties claims to have custody or visitation rights over the child. This might include grandparents or other relatives involved in separate legal actions concerning the child. Disclose their names and addresses accurately.
Perjury Declaration
Understand that by signing this declaration, you are asserting the truthfulness of your statements under penalty of perjury. Any misinformation could have severe legal consequences, so ensure all provided data is accurate and verify if uncertain.
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1
Submit the filed FL-105 UCCJEA form to the court clerk along with any required copies for the other party.
2
Ensure that each party involved in the case receives a copy of the filed form, either through personal service or mail, as required by the court.
3
Wait for any notices from the court regarding a scheduled hearing date or further instructions related to your case.
4
Prepare to present additional documentation or information at the scheduled hearing that may be relevant to the child custody jurisdiction issues raised in the form.
5
Check the court docket or contact the court clerk periodically to stay informed about any updates or changes in your case schedule.
