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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.
During the process of divorce in California, a point arrives when the parties have exchanged all necessary financial information and have completed the preliminary declarations of disclosure. At this time, parties may opt to use the FL-144 Waiver of Final Declaration of Disclosure. This form becomes relevant before the finalization of the divorce settlement for either "uncontested", “non-default with agreement” or a “default with agreement.”
- Triggered by: Completion of the Preliminary Declaration of Disclosure documents: Declaration of Disclosure (FL-140); Schedule of Assets & Debts (FL-142); Income & Expense Declaration (FL-150); and Declaration Regarding Service Of Declaration Of Disclosure And Income And Expense Declaration (FL-141).
- Purpose: To waive the requirement for a final declaration of disclosure under Family Code section 2105(a).
- May Be Filed With: Appearance, Stipulations, And Waivers (FL-130); Declaration For Default Or Uncontested Dissolution (FL-170); Notice of Entry of Judgment (FL-190); and/or Income Withholding For Support (FL-195).
By completing the FL-144 form, both parties agree that they have fulfilled their disclosure obligations and now waive the necessity for further disclosures before finalizing their divorce. This waiver affirms that all relevant financial information has been adequately shared and that both parties understand the implications of waiving additional disclosures.
- 1. Obtain the Form: Download the FL-144 form from the California Courts website or pick it up from your local courthouse.
- 2. Complete the Form: Fill out the form with the necessary details, ensuring both parties review and sign under penalty of perjury to acknowledge fulfillment of disclosure obligations.
- 3. File with the Court: Submit the completed and signed form to the Superior Court where your divorce case is being handled. Ensure you have multiple copies for court and personal records.
Preliminary Disclosures
Ensure both parties have completed and exchanged preliminary declarations of disclosure. This includes full disclosure of all assets, liabilities, and other financial obligations, as required by Family Code section 2104. Without this step, the waiver of final disclosure cannot be validly executed.
Voluntary Agreement
This waiver should be entered into knowingly and voluntarily. Both parties need to understand the implications of waiving the final declaration of disclosure, which means they won't have a final opportunity to review the other party’s financial details. Consider consulting a legal professional if there is any doubt about this decision.
Judgment Risk
Be aware that failing to fulfill preliminary and any other required disclosures, despite signing this waiver, can result in the court setting aside the judgment. This underscores the importance of honest and complete preliminary disclosures.
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1
Ensure a copy of the signed and filed FL-144 form is kept for your personal records.
2
Confirm that the preliminary financial disclosures, including form FL-150 (Income and Expense Declaration), have been exchanged and documented.
3
Communicate with your spouse or their legal representative to verify mutual acknowledgment of the waiver and any next steps in finalizing the divorce.
4
Await confirmation from the court regarding the acceptance of the FL-144 form and any specific instructions or upcoming court dates related to your divorce case.
5
Prepare for potential final court proceedings or discussions with your spouse to address any unresolved issues or to finalize the divorce judgment.
