California Marital Settlement (Divorce) Agreement Form [PDF]

The California marital settlement agreement form is a legal document that provides a comprehensive framework for resolving key aspects of the divorce process. Typically, this agreement addresses matters like child support, alimony, and property distribution.

In California, a divorce settlement agreement is a mandatory requirement for the courts to grant a divorce decree. Both parties involved must sign this document, which represents their agreement on important terms and conditions regarding the dissolution of marriage.

Divorce Forms

In California, spouses typically file for divorce at the superior court in the county where one or both spouses live. The filing fee is usually between $300 and $500, and it usually takes about six months to finalize the divorce.

Divorce Laws and Legal Requirements in California

The divorce laws and legal requirements in California ensure that married couples can navigate the divorce process effectively.

How to File for a Divorce in California in 12 Steps

Filing for divorce will usually depend on the requirements specified by the county where the spouses currently reside, but some of the steps mentioned here are considered common in every divorce process.

#1. Petition for Divorce

The petition for divorce is a legal document that initiates the divorce process. Usually, one spouse files a request with the court to formally end the marriage. Important information is included in the petition, like reasons for divorce, information about children, and a parenting plan.

The petition form can be acquired from the clerk at the circuit court in the county where spouses reside or downloaded online from trusted legal portals.

#2. Parenting Documents

In the divorce process in California, parenting documents play a crucial role in determining child custody, visitation schedules, and parental responsibilities. These documents, including the parenting plan and custody agreements, help establish a framework for joint parenting after divorce.

If spouses have minor children, they need to fill out a “Declaration Under the Uniform Child Custody Jurisdiction and Enforcement Act.” If a court order is needed for custody and visitation rights, an attachment for the  “Child Custody and Visitation Application” should also be provided.

#3. File for Divorce

To file for divorce, the petitioner should first gather all necessary documents. Besides the petition for divorce, a few other documents might be needed, depending on the county’s requirements. Parenting documents mentioned in the previous step will be needed.

“The Declaration of Disclosure and Income and Expense Declaration” could also be required. When all documents are prepared, originals and two copies of each document should be filed with the courthouse clerk.

#4. Serve the Forms to the Spouse

Serving divorce papers in California includes sending a copy of the summons, blank response documents, and copies of divorce documents. There are three ways of serving papers: hand delivery, certified mail with a signed receipt, or through the sheriff's office.

If the defendant is avoiding service, then the judge must give approval to use alternative methods of service. Proof of service or mail receipts should be filed with the court in order to inform the court that the other party is aware of the divorce process.

#5. Respond to Petition

The defendant can respond to the petition by using the response documents provided with the summons. They can file a divorce complaint and start a process called contested divorce or agree to all terms and continue with an uncontested divorce.

The defendant does not need to answer if the terms are acceptable because, 30 days after receiving divorce documents, the petitioner can ask the court to start the process for default judgment.

#6. Financial Disclosures

Before the court can grant a divorce in California, each party must complete a set of necessary financial disclosures. These disclosures are meant to ensure that, before starting negotiations, both parties are fully aware of marital property.

The required documents are the “Income and Expense Declaration," “Schedule of Assets and Debts,” and “Declaration of Disclosure.” These documents should be presented to the court within 60 days of filing the divorce petition.

#7. Deliver Financial Disclosures

To deliver financial disclosures in a divorce in California, the parties must complete a set of mandatory documents and exchange them to ensure that both parties are well informed about each other's financial situation.

The delivery of these documents can be done by a third party who is at least 18 years old, by mail, or in person. Both spouses should fill out the “Declaration Regarding Service of Declaration of Disclosure," make two copies of the document and file it with the court.

#8. Marital Settlement Agreement

A marital settlement agreement is a legally binding contract that is mandatory for the divorce process in the state of California. It outlines the conditions under which a couple filing for divorce will part ways, including how assets and debts will be distributed.

A marital settlement agreement template can be used in situations where spouses wish to make an agreement by themselves, or they can ask the divorce lawyer for legal assistance.

The judge will read the settlement agreement and decide if the terms are fair and beneficial to both parties. If everything is in order, the agreement will be incorporated into the divorce decree, and it will become a court order that the court can enforce.

#9. Complete Additional Paperwork

Additional paperwork should be prepared, if required by the court, in the county where spouses reside. “Appearance, Stipulations, and Waivers” is a form used to inform the court that the parties involved want to approve their written agreements.

“Declaration for Default or Uncontested Dissolution or Legal Separation” is needed to request the divorce from the court, and a “Judgement” form with “Notice of Entry of Judgement” may also need to be provided.

#10. Court Orders

In California, spouses can ask the court for an order during the divorce process for child custody, child support, alimony, and division of assets. For every order, a form needs to be filled out.

If both parties come to an agreement on a certain matter, they can ask the judge to make the agreement a court order. Legal assistance is advised in cases where parties are not sure about following or enforcing the court order.

#11. Court Ruling

Each additional document or order must be prepared in two copies by both spouses, which then must be submitted to the court with two stamped envelopes. Documents will be examined by a judge to make sure that everything is in order.

If there are no problems with the papers, the judge will finalize the divorce and send a “Judgement” and “Notice of Entry of Judgement” to each spouse.

#12. Name Change

When the divorce is finalized, and a divorce decree is acquired, spouses can use it as legal proof for changing their names. It is important to change names on all personal documents, like an identity card, passport, or driver's license as well.

Family, friends, and employers should be informed of the name change to avoid any misunderstandings. Bank accounts, utility bills, and contract information should also be updated.