1. As the petitioner, you must turn in the final forms to the court asking for a
judgment of divorce or legal separation. You must also include the other
orders you want the court to make about property and debt, spousal or
partner support, and, if you have children with your spouse or domestic
partner, about custody, visitation, and child support.
You CANNOT file these final forms until at least 30 days have passed since
you served your spouse or domestic partner with your summons and
petition.
1. Fill out your court forms
Fill out these forms:
oRequest to Enter Default (Form FL-165) or an Appearance,
Stipulations, and Waivers (Form FL-130). With Form FL-130,
the respondent may have to pay a filing fee. If the respondent
cannot afford the filing fee, he or she can ask for a fee waiver.
oDeclaration for Default or Uncontested Dissolution or Legal
Separation (Form FL-170).
oJudgment (Form FL-180).
oNotice of Entry of Judgment (Form FL-190).
oThe written, notarized agreement between the spouses or
domestic partners, agreeing on the terms of divorce or
separation, and attach this to the Judgment.
oThe final Declaration Regarding Service of Declaration of
Disclosure (Form FL-141). Or if you agree to waive (skip) the
final declaration of disclosure, a Stipulation and Waiver of
Final Declaration of Disclosure (Form FL-144). Follow the
instructions below for completing a final declaration of
disclosure. You can also get a court order waiving receipt of
the other party’s final declaration of disclosure.

2. ALBA GASSO
Instructions
Write a list of all of the community property held by you and
your spouse. There are some types of property that are obvious,
such as homes, vehicles, boats, stocks and savings accounts. At
the same time, don't leave out the smaller personal property,
such as china sets, furniture, jewelry, electronic equipment, toys,
music collections, pets, holiday decorations, crafts that your
children made when they were young, and photo collections.
Assign a value to each item of property. An item's value is
determined by how much you would be able to sell it for on the
open market. You will have to consider the current condition of
the item of property, as opposed to how much it would cost
brand new. You might go to Craigslist, eBay or other auction
sites to see the sale prices of similar items. In California, cars'
values are always determined by referencing their Kelley Blue
Book value.
Some items of community property are difficult to put a
price on, such as pictures and heirlooms. For these
items, consider how much you would be willing to pay
your spouse for the item in order to determine its actual
value.
Share your list with your spouse. Determine whether
you agree on the value of each individual item of

3. community property. While there are likely to be
disagreements, do your best to come up with an agreed-
upon value. If there are items that neither you nor your
spouse want to keep, you may have to try to sell the
item and then share the proceeds.
Decide what you want to do with each item. If you want
to keep the item for yourself, you may have to pay your
spouse half the value of that item. Likewise, if there is
an item that your spouse wants, then you should be paid
half the value of the item.
Some items that you want may be of equal or similar
value to items that your spouse wants. Instead of
swapping money, consider agreeing that you will each
keep the property that you want and calling it even.
This kind of agreement can help reduce headaches and
stress for both you and your spouse.
To sell your items, consider holding a garage sale,
listing them on on eBay, Craigslist or similar websites,
or asking friends, family and neighbors if they are
interested in purchasing the property.
Look for sales prices of similar homes in your
neighborhood in order to help you determine the
present market value of your own home. Websites such
as Zillow may be useful for this task.
Determining the value of retirement accounts and
pension plans is much more difficult. It is strongly
recommended that you consider paying a company to

4. prepare a Qualified Domestic Relations Order (QDRO).
The QDRO will determine the present value of the
property and also how much each spouse is entitled to.
Commonly, if spouses determine that one spouse's
interest in a home equals the other spouse's interest in a
retirement account, they will agree to a swap without
having to exchange money. This is beneficial because it
avoids selling the home and also avoids taking money
out of the retirement account.
Read more : http://www.ehow.com/how_6982630_keep-share-
community-property-california.html

Retirement and other accounts
 Even property that may not be in the possession of a spouse
at the time of the divorce may be treated as community
property. For example, retirement accounts earned during
the marriage that may not be collected until long after are
treated as community property. Other types of accounts that
may be affected in such a way are stock options, disability
benefits and life insurance.

5. Read more : http://www.ehow.com/about_6611370_california-
divorce-property-law.html
Instructions
Acquire a "Property Order Attachment to Judgment"
form from the court clerk's office. The form is
designated by the form number FL-345.
Check the box that appears at item "f. Other orders:" of
the form.
Define the scope of the property deferral in the field
that appears below item f. If you want the court to
reserve jurisdiction over the division of all the assets,
enter "Reserve jurisdiction over all community property
assets." If you want to request the court to defer the
determination of property rights regarding only a
specific asset, such as a retirement account, enter
"Reserve jurisdiction over the petitioner's/respondent's
XYZ retirement account." The petitioner is the person
who filed the divorce papers, whereas the respondent is
the person who responds to that paperwork.

6. Staple the form to the back of the judgment form before
submitting your judgment package to the court clerk.
Read more : http://www.ehow.com/how_8293748_defer-
property-rights-divorce-california.html
Definition
 California Family Code ("CFC") Section 760 defines
community property by exclusion, as that property acquired
during the marriage which is not separate property. Under
CFC Section 770, separate property includes all property
that spouses owned before marriage or acquired after the
date of separation, all property acquired by gift, devise
(meaning through a will or similar testamentary
instrument), or inheritance, and any property that a spouse
may have earned before the marriage but actually received
during the marriage. In most cases, community property
will include earnings of each spouse during marriage, and
any assets purchased with community funds.
Treatment of Property
 Generally, community property is divided evenly between
each spouse upon divorce, while separate property is

7. retained by the party who originally acquired it. These
general rules may be modified by specific agreements
between the two spouses, including prenuptial agreements
and agreements to change the character of the property
during marriage (a process known as transmutation).
California law also makes equal division of "quasi-
community property": property that was acquired by a
married party in a non-community property jurisdiction, but
which would have been community property had it been
acquired while the property was domiciled in California.

Presumptions
 California courts follow the "general presumption" that any
property which spouses acquire or possess during marriage
belongs to the community; those wishing to establish such
property as separate must present evidence to the contrary.
CFC Section 760 also establishes a rebuttable presumption
(meaning that it may be rebutted by evidence) that any
property which the two spouses acquire via credit during
the marriage is community property.
Commingling of Funds
 When both community property and separate property
funds are commingled (for instance, in a single bank
account), the commingling does not change the character of
the funds. Both the funds themselves and all assets that
may be acquired with those funds remain either separate or
community property, depending on their source. However,
establishing the fact that an asset was purchased with

8. separate funds from a commingled account may be
difficult. California courts accept two methods for doing
so: the exhaustion method, which entails proving that on
the date of purchase, all community assets in the account
had been used to pay family or other community expenses;
and the direct method, in which the claiming spouse shows
that separate property was available in the account on the
date of purchase and that the purchase was made with
separate intent.
Tracing
 The 1928 case of Estate of Clark established "tracing"
(meaning, tracing the funds used to purchase assets to
either separate or community sources) as an acceptable
method to determine whether property was acquired
separately or by the community. Difficulty can arise when
both community and separate property have been used to
purchase an asset (such as a house). California generally
awards divided title to such an asset (or its value, if sold) in
proportion to the contributions of the community and
separate estates. However, determining the extent of such
contributions to both the purchase price and any
improvements and appreciation on the property is an
extremely complex analysis.
Specific Asset Treatment
 Certain assets are generally treated as community property
in California (although exceptions based on singular fact
patterns are always possible): recoveries from personal
injury suits, if the cause of action arose during the

9. marriage; stock options awarded to one spouse during
marriage, even if the options should vest after divorce; and
benefits of a pension earned during marriage, even if the
benefits are received after divorce. Some assets (such as
education of one spouse earned with community property)
are not considered community property in and of
themselves, but the community may be entitled to
reimbursement of contributions to those assets.
Read more : http://www.ehow.com/about_6470360_california-
community-property-divorce_.html
Community Property
 In addition to the general rule of Family Code section 760
above, a husband and wife can agree that separate property
is community property. The agreement should be in writing
and signed by both parties. Also, property acquired by
spouses outside California that would be community
property if the parties were in California, is "quasi-
community property" and is treated as if it were community
property in California.
Separate Property
 Exceptions to community property can exist during
marriage. For example, gifts and inheritances received by

10. one spouse are separate property. Any property owned by a
person before marriage remains the sole property of that
person. If a husband and wife separate, the earnings of the
party are separate property during the term of separation.
Moreover, all earnings of either party are separate property
after an entry of a Court Judgment of Legal Separation
(which is the same as a "Judgment of Dissolution" [i.e.
Divorce], except that the parties do not have the right to
remarry if they are legally separated).
Read more : http://www.ehow.com/list_6715843_california-
divorce-laws-community-property.html
Property Distribution
 In California, the court divides all marital property equally,
regardless of previous financial contribution, if the parties
fail to come to a property settlement agreement outside of
court. California law defines marital property as anything
acquired during the marriage, such as real property, assets,
income or retirement funds, with some exceptions. For
example, the court considers gifts and inheritances separate
property and they are not divisible at divorce. Rather, they
go in full to the spouse who owns them. Also, if one spouse
can prove that presumed marital property is actually
separate property, such as providing a deed or title that

11. specifically classifies the property as separate, the court
will award it solely to its owner.

Settlement Agreements
 California courts encourage settlement agreements among
divorcing spouses. Property settlement agreements allow
more creativity and flexibility than the court's 50/50 divide.
For example, you can bargain with your former spouse to
maintain or keep what is most important to you completely,
rather than having to share all of it at divorce.
Read more : http://www.ehow.com/info_8388863_california-
law-regarding-property-settlement.html
Community Property
 California is a community-property state. The Family Code
states that during divorce, marital property is divided
equally, with each spouse receiving half. However, this
does not mean that each spouse receives a 50 percent share

12. of each item. Rather, it is only the value of the assets
divided that must be equal.
Pensions
 California considers a pension plan compensation for a
person’s employment. As such, if any part of a spouse’s
pension was earned during the marriage, it is considered
marital property and will be divided upon divorce.

Dividing the Pension
 California law calls for the division of pensions based on
the total number of years the employed spouse has been
earning the pension, as well as the number of years the
spouses were married. This means that if a husband has
been earning his pension for 30 years and the marriage
lasted for 20 years, two-thirds of the pension (20 divided by
30) will be considered community property. Hence, the
wife will be entitled to half the value of two-thirds of the
pension.
Even if a pension’s value increases after divorce, the value
of the receiving spouse’s share does not change. Her share
is determined based on the value of the pension at the time
of the divorce.
Distributing the Pension
 California provides spouses two options for distributing the
pension: “cash-out” and “reservation of jurisdiction.” The
“cash-out” option allows the spouse with the pension to

13. keep the whole pension. The other spouse instead receives
a greater share of other marital property equaling the value
of her share of the pension. “Reservation of jurisdiction” is
more common in California. This distribution option
requires a court order. The monthly pension amount is
divided based on each spouse’s percentage, and a check is
issued to each party.
QDROs
 Qualified Domestic Relations Orders (QRDOs), are the
court orders required for “reservation of jurisdiction”
distribution of pensions.The receiving spouse must file the
QDRO with the pension plan’s administrator in order to be
entitled to any distribution from the pension. The
Employment Retirement Income Security Act (ERISA)
requires that QDROs contain very specific information,
including names, dates of birth, Social Security numbers,
and the percentage of the pension the receiving spouse will
be entitled to upon disbursement.
Read more : http://www.ehow.com/about_6418357_california-
divorce-law-pensions.html
FILL OUT YOUR FINAL FORMS

14. As the petitioner, you must turn in the final forms to the
court asking for a judgment of divorce or legal separation
and including the other orders you want the court to make
about division of any property and debt, spousal or partner
support, and, if you have children with your spouse or
domestic partner, about custody, visitation, and child
support.
You CANNOT file these final forms until at least 30 days
have passed since you served your spouse or domestic
partner with your summons and petition.
1. Fill out your court forms
Fill out these forms:
oRequest to Enter Default (Form FL-165);
oDeclaration for Default or Uncontested
Dissolution or Legal Separation (Form FL-170);
oJudgment (Form FL-180); and
oNotice of Entry of Judgment (Form FL-190)
2. If you are asking for custody orders, you can fill
out any of the forms that may apply to your case
Fill out the forms that apply, if any, and attach to
your Judgment (Form FL-180):
oChild Custody and Visitation Order Attachment
(Form FL-341);
oSupervised Visitation Order (Form FL-341(A));
oChild Abduction Prevention Order Attachment
(Form FL-341(B));
oChildren’s Holiday Schedule Attachment (Form
FL-341(C));

15. oAdditional Provisions — Physical Custody
Attachment (Form FL-341(D)); or
oJoint Legal Custody Attachment (Form FL-
341(E))
3. If you are asking for child support, fill out the
applicable forms
Fill out the forms that apply, if any, and attach to
your Judgment (Form FL-180):
oChild Support Information and Order Attachment
(Form FL-342).
oIncome and Expense Declaration (Form FL-150)
or a Financial Statement (Simplified) (Form FL-
155);
oChild Support Case Registry Form (Form FL-
191);
oNotice of Rights and Responsibilities — Health-
Care Costs and Reimbursement Procedures
and Information Sheet on Changing a Child
Support Order (Form FL-192) (there is nothing
to fill out with this form, but read it carefully);
oIncome Withholding for Support (Form FL-195) (if
you want your spouse’s or domestic partner’s
wages garnished for child support). You can
use the Income Withholding for Support -
Instructions (Form FL-196). When filling out
Form FL-195, make sure to only write the last 4
digits of the social security number of the
person ordered to pay support – the law
requires it to protect their privacy.

16. Child support can become complicated. Talk to the
family law facilitator in your court for help with these
forms and any questions you may have.
4. If you are asking for spousal or partner support,
fill out the applicable forms
Fill out the forms that apply, if any, and attach to
your Judgment (Form FL-180):
oSpousal or Partner Support Declaration
Attachment (Form FL-157) – this form is
optional, but by using it, you can make sure you
give the judge all the information he or she will
need, by law, to make a decision about spousal
or partner support.
oSpousal, Partner, or Family Support Order
Attachment (Form FL-343);
oIncome and Expense Declaration (Form FL-150);
oEarnings Assignment Order for Spousal or
Partner Support (Form FL-435) (only if you are
NOT also asking for child support). If you are
asking for child support, you can include the
spousal or partner support information for wage
garnishments in Form FL-195. When filling out
Form FL-435 or FL-195, make sure to only write
the last 4 digits of the social security number of
the person ordered to pay support – the law
requires it to protect their privacy.
Spousal or partner support can become
complicated. Talk to the family law facilitator in your

17. court for help with these forms and any questions
you may have.
5. If you are asking for an order dividing your
community property and debt, fill out the
applicable forms
Fill out the forms that apply, if any, and attach to
your Judgment (Form FL-180):
oProperty Order Attachment to Judgment (Form
FL-345);
oProperty Declaration (Form FL-160);
oPension Benefits — Attachment to Judgment
(Form FL-348) (if you or your spouse or
domestic partner has a pension plan). And read
Retirement Plan Joinder — Information Sheet
(Form FL-318-INFO) to find out if you need to
join the pension plan to your divorce case and
how to do that. Read the section on Property
and Debt for more information on pension
plans.
Property issues can become complicated. Talk to a
lawyer for help with these forms and any questions
you may have. If the family law facilitator or self-help
center in your court helps with property issues in
divorce cases, you can also talk to them. You can
also get more information by reading the section on
Property and Debt.
6. Fill out local forms, if required
Some courts ask you to fill out local forms. Contact

18. your court clerk’s office, check your court’s website,
or talk to your family law facilitator or self-help center
to ask about your court’s local forms that you must
complete for default cases.
7. Have your forms reviewed
Ask your court’s family law facilitator or self-help
center to review your paperwork. They can make
sure you filled it out properly before you move ahead
with your case.
You can also hire your own lawyer to review your
papers or to get legal advice, either with your entire
divorce case, or just the parts of it that you may
need more help with (called “limited scope
representation” or “unbundling”). Click for help
finding a lawyer. Click to learn more about “limited
scope representation.”
8. Make at least 2 copies of all your forms
Make sure you include all the attachments and, if
any are double-sided, that you photocopy both
sides. One copy will be for you; another copy will be
for your spouse or domestic partner. The original is
for the court.
9. Turn in all your forms to the court clerk, with 2
large envelopes (with postage)
Turn in your forms to the court clerk. The clerk will
process your paperwork and give it to a judge to
review.
oMake sure you have already filed the Proof of
Service of Summons (Form FL-115) (or file it

19. now) AND the Declaration Regarding Service of
Declaration of Disclosure (Form FL-141).
oIf all of the judgment documents are completed
correctly, the judge will sign the Judgment
without either named spouse or domestic
partner having to appear in court.
oIf there is a problem with the documents, a court
appearance may be necessary. Or you may just
need to fix a mistake on your paperwork.
10. You receive your final judgment
A court clerk will mail the Judgment and Notice of
Entry of Judgment to each spouse or domestic
partner, with the date that the judgment was filed
stamped in the upper right corner.
Keep a copy of these forms in a safe place. You may need
them in the future.
Petitioner serves spouse with a Preliminary Declaration of
Disclosure and files
oDeclaration Regarding Service of Declaration of
DisclosureForm1