STEP 1. File Forms

• The petitioner (the person who files the first divorce forms with the court) fills out and files the following:
  • Petition – Marriage (Form FL-100 | video instructions );
  • Summons (Form FL-110 | video instructions );
    and, if there are children in the marriage,
  • Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (Form FL-105 | video instructions ).

• The clerk will stamp and return copies to the petitioner.

• The forms needed to start a divorce, as well as information about filing fees and fee waivers, are available at “Filing Your Case."

STEP 2. Serve the Forms

• Someone 18 or older – not the petitioner – serves the other spouse (called the respondent), with all the forms from Step 1 plus a blank Response – Marriage (Form FL-120). The petitioner then files with the court a proof of service form, such as Proof of Service of Summons (Form FL-115), telling when and how the respondent was served. (To serve means “to give in the proper legal way.”) See “Serve Your First Set of Court Forms” for more information.
• The petitioner must wait 30 days after Step 2 is complete before continuing the divorce.
• The respondent has these 30 days to file and serve a Response.

STEP 3. Disclose Financial Information

• Within 60 days of completing Step 1, the petitioner must fill out a Declaration of Disclosure (Form FL-140), an Income and Expense Declaration (Form FL-150), and a Schedule of Assets and Debts (Form FL-142) and have them served on his or her spouse. This is called the preliminary declaration of disclosure.
• If the respondent files a Response, he or she must also complete and serve the disclosure documents listed in step 3 within 60 days of filing the Response.
• The disclosure of financial information must include all tax returns filed by the person making the disclosure within the last 2 years.
• The petitioner and the respondent each then file a Declaration Regarding Service (Form FL-141) with the court saying they did this. If the respondent does not give petitioner these papers, the petitioner can still finish the case without them. Read the information on “Fill Out Your Financial Declaration of Disclosure Forms.”

Step 4. Finish the Divorce Case in One of Four Ways

Respondent does not file a Response (called "default")		Respondent files a Response
Response and NO written agreement: Petitioner waits 30 days after step 2 is complete and prepares a proposed Judgment (Form FL-180), together with all other needed forms. See "True Default Case" for more information.	No Response WITH agreement: Petitioner attaches the signed and notarized agreement to the proposed Judgment (Form FL-180) together with all other needed forms. See "Default Case with Written Agreement" for more information.	Response AND Agreement: Either party files Appearance, Stipulations, and Waivers (Form FL-130) and the proposed Judgment (Form FL-180) with written agreement attached and other needed forms. See "Uncontested Case" for more information.	Response and NO agreement: The court may try to help the parties reach an agreement. Otherwise, parties must go to trial. See "Contested Case" for more information.