California Divorce Forms – With Children

If your divorce involves children your divorce case will require documents and/or legal language to address child custody, parental visitation and child support. Under California law a “Parenting Plan” must be included with the Judgment.The Parenting Plan includes the conservatorship (custody) rights of the parents, the visitation schedule, the child support, and also provides for other issues that may affect the child.

As a general rule, an uncontested divorce case with children usually contains the following documents, but again the following list may not be complete for your personal situation and set of circumstances.

The common documents are:

  1. Petition - Marriage/Domestic Partnership (FL-100)
  2. Summons (FL-100)
  3. Proof of Service (FL-115)
  4. Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (FL-105)
  5. Child Custody and Visitation Application Attachment (FL-311)
  6. Declaration of Disclosure (FL-140)
  7. Income and Expense Declaration (FL-150)
  8. Schedule of Assets and Debts (FL-142) or Property Declaration (FL-160)
  9. Declaration Regarding Service of Declaration of Disclosure (FL-141)
  10. Judgment (FL-180)

In cases involving the division of certain retirement accounts the court may require a Qualified Domestic Relations Order (QDRO). There could also be additional documents that are wise to complete as part of the divorce process but not required by or submitted to the court. One common example is a quit claim deed. This document is used when one spouse is awarded real property (house/land) and it transfers the other spouse’s interests in the property to the spouse awarded the real property.

The bottom line is that there are number of factors that determine what documents are needed in any divorce case as well as what language should or shouldn’t be contained in the required documents. Read our recommendation by clicking here to learn how to get legally accurate and complete case documents online.