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Proceed Contested

These are the basic forms necessary for you to move your case forward and obtain a final judgment for Dissolution of Marriage, Legal Separation or Annulment. Before following these instructions you must already have reviewed and completed Stage 1 of 2.

All the forms may be found on the Judicial Council’s website at www.courtinfo.ca.gov/forms/.  You may use blue or black ink to complete these forms.

The following information corresponds to Steps 3-6 of the general overview.

Declaration of Disclosure

Generally, both parties are required to complete the documents listed below and mail a copy to the other party. Full disclosure of all assets, debts, income and expenses is required at two stages in your case; the beginning (Preliminary) and end (Final).

You may complete these documents at only one stage of your case by checking both Preliminary and Final on your Declaration of Disclosure (FL-140) and Declaration Regarding Service of Declaration of Disclosure (FL-141).

Proposed Asset and Debt Division

The Court and your spouse need to know how you propose to divide the assets and debts in your case.

Request a Trial Date

If a Response (FL-120) was filed and you and your spouse do not agree on all the issues in your case then, you will need to request a trial date so that a judicial officer can decide and make orders in your case.

The forms included here allow you to request a trial date.

Instructions

If you are unsuccessful in agreeing to a trial date, then have someone who is 18 years or older mail a copy of the Joint At-Issue to your spouse and wait 15 days.  The server must complete a Proof of Service (FL-335).

If your spouse does not sign the Joint At-Issue in 15 days then complete the Certificate of Noncompliance (SLO form FL004) and file it with the court along with the Joint At-Issue (SLO form FL003) and the Proof of Service (FL-335).

Prepare a Trial Brief

A Trial Brief is a legal document that each party prepares to let the Court know what the contentions are for each issue in the case.

Trial Brief There is no Judicial Council Form for this document.  Each party must draft their own document.  File the original Trial Brief with the Court.  You should consult with a lawyer or the Family Law Facilitator for additional help.

  • Proof of Service by Mail (FL-335)
    Someone 18 years or older should serve your spouse with a copy of your Trial Brief. The server should complete and sign the Proof of Service by Mail (FL-335) and you should file the original with the Court.

Prepare Your Final Judgment

After your trial you should obtain the Minute Order from the date of your trial so that you can prepare your final judgment. The Minute Order is the clerk’s notes of what happened on the day of your trial. Your judgment should include all the provisions mentioned in your Minute Order.

If your Minute Order inaccurately reflects the orders the judge made on the day of your trial, you may need to bring it to the attention of the judge’s clerk so that an amended minute order can be produced or you will need to request a transcript from the court reporter. You will need to complete the following documents after your trial date.

  • Judgment (FL-180) and Attachments, if necessary
    Complete and file original with 3 copies including all attachments.  Be sure to include all the orders mentioned in your minute order.  You may use Judicial Council form attachments listed below if appropriate and necessary.
  • Spousal, Partner, or Family Support Order Attachment (FL-343)
    Attach to your Judgment if the court granted a specific amount of spousal support.  If the court did not grant a specific amount of spousal support then write the judge’s order in item 4n of your Judgment (FL-180).
  • Property Order  Attachment to Judgment (FL-345)
    Attach to your Judgment if the court made orders regarding assets or debts.  If the court made a finding that there were no assets or debts, then in item 4o of your Judgment (FL-180) write, “The court finds that there are no assets or debts to be divided.”

Additional Forms Needed to Finalize Your Case

Along with your final judgment you must complete and submit the following documents to the court.

  • Notice of Entry of Judgment (FL-190)
    Complete and file original along with 2 copies. You must also provide the court clerk with 2 stamped envelopes; one addressed to you and another addressed to the other party.
  • Waiver of Right to Receive Respondent’s Preliminary and Final Declaration of Disclosure - by the Respondent (FLF form)
    You may need to use this form if:
    • your spouse never prepared or gave you a copy of their Declaration of Disclosure forms and
    • your spouse never filed a Declaration Regarding Service of Declaration of Disclosure (FL-141)
    • on the day of your trial the judge did not waive the requirement that your spouse serve you with their Declaration of Disclosure documents
  • Disclosure Waiver - by Respondent (for Petitioner)
    • for the Respondent to fill out in response to the above form
  • Domestic Judgment Worksheet (SLO Form FL-002)
    Complete Judgment section and file original with the Court.  In the Petitioner’s column, insert the date you completed your parenting class and the date that you filed your FL-141.  In the Respondent’s column, insert the date s/he completed their parenting class and the date s/he filed their FL-141.

(Last changed September 22nd, 2008; tagged in self help, divorce)
 
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