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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.
In the legal process of divorce in California, the FL-141 Declaration Regarding Service of Declaration of Disclosure and Income and Expense Declaration form is used to inform the court that you have served the necessary financial forms and information on your spouse. The Preliminary form must be served within 60 days of the filing of the Petition and/or Response. This phase is critical for ensuring transparency between the parties involved in the dissolution of marriage. It is essential when both parties are required to exchange necessary financial information and declarations to provide a complete understanding of each one's income, expenses, and assets. The Preliminary Declaration requires a copy of the last two (2) years of filed income tax returns. Both Preliminary and Final Declarations must include supporting documents with the Schedule of Assets and Debts or Property Statements, such as bank and credit card statements, car titles, and deeds for any real property. However, none of these documents are filed with the courts, so the parties must file the Declaration Regarding Service to ensure compliance.
Here are some key stages and forms related to the use of the FL-141:
- Filing for Divorce: The process begins with one party filing a Petition for Dissolution of Marriage (FL-100).
- Preliminary Declaration of Disclosure: Prior to completing the FL-141, each party should serve the Preliminary Declaration of Disclosure (FL-140) along with the Income and Expense Declaration (FL-150).
- Schedule of Assets and Debts: Completion and exchange of the Schedule of Assets and Debts (FL-142) accompany the Preliminary Declaration of Disclosure.
- Waivers and Agreements: In cases of mutual agreement, parties may choose to waive the final declaration requirements.
The completion of the FL-141 serves as a formal acknowledgment that these disclosures have been adequately served as required by the Family Code. It ensures the smooth progression of financial transparency before moving to the final stages, such as settlement or trial.
- Fill Out the Form: Complete the FL-141 form with detailed and accurate information regarding the preliminary and final declarations of disclosure.
- Serve the Other Party: Serve copies of the form along with the necessary documents, such as the Income and Expense Declaration, to the other party or their attorney via mail or personal service.
- File with the Court: File the completed FL-141 form at the superior court in the county where the case is being heard. Ensure that it's filed along with any waivers or additional agreements, if applicable.
- Do Not Attach Disclosures: Remember, do not file the actual Preliminary or Final Declaration of Disclosure or their attachments with the court.
Understand 'Preliminary' vs. 'Final'
When indicating whether it's a Preliminary or Final Declaration of Disclosure you're serving, understand that the Preliminary Disclosure is typically served at the beginning of divorce proceedings, while the Final Disclosure is served closer to the judgment. Ensure you check the correct box to reflect the current stage of your case.
Service Methods
You must specify the method of service—either personal service or mail. Personal service involves delivering documents directly to the other party or their attorney, while service by mail requires sending the documents with return receipt requested. Choose the appropriate method based on your situation.
Completing Required Forms
Make sure you've completed all necessary forms before serving them—these include the FL-140, FL-150, FL-142, or FL-160. Each form has its own requirements, such as including tax returns from the last two years, so verify you have all necessary documents before marking this section.
Waivers and Defaults
If you are in a default proceeding or if any party has failed to comply with disclosure requirements, ensure you've properly indicated any waiver of disclosures. Understand that only certain situations allow you to waive the final declaration, such as a default proceeding without a stipulated judgment.
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1
Ensure that you have kept a copy of the filed FL-141 form for your own records.
2
Confirm with the court clerk how you will be notified of any updates regarding your case, such as receiving a confirmation of the filing.
3
If you have not already done so, complete and file any missing mandatory forms such as the FL-140 Declaration of Disclosure and FL-150 Income and Expense Declaration if they were not included.
4
Await communication from the court or the opposing party’s attorney regarding any next steps or required appearance dates, so you can prepare accordingly.
5
If this is part of a larger divorce case, review your case status and timeline, and consult with your attorney to determine the necessity for additional filings or responses to facilitate the case resolution.
