How To Complete California Divorce Form FL-180 (2024 Forms)
Navigating the divorce process can be overwhelming, especially when it comes to completing the necessary legal paperwork. One crucial document in California divorce cases is the FL-180, the Judgment for Dissolution of Marriage form. Whether you are handling an uncontested amicable divorce or a default case, understanding how to properly fill out this form is essential for a smooth and successful filing.
In this guide, I’ll walk you through the key steps to complete the FL-180 form accurately, based on the latest 2024 California forms and procedures. This article is designed to help you avoid common mistakes and ensure your judgment is accepted by the court without delays.
Understanding the FL-180 Judgment for Dissolution of Marriage
The FL-180 is essentially the final judgment that legally ends your marriage. It confirms that the court has jurisdiction, outlines the terms of your divorce, and addresses issues such as child custody, support, spousal support, and property division.
In most amicable divorce cases, the judgment falls into one of two categories:
- Default with Agreement: When one party does not respond but agrees to the terms.
- True Default: When the respondent neither responds nor agrees.
Step 1: Confirm Court Jurisdiction Over the Respondent
The first critical step is to mark that the respondent was served with process, which confirms the court has jurisdiction over them. You’ll need to enter the date the respondent was served. This date can be:
- The date the respondent signed a Notice of Acknowledgment of Receipt.
- The date they were personally served with divorce papers.
- The date the respondent filed a response or “appeared” in court.
Make sure you enter the correct date that applies to your case to avoid rejection of your judgment.
Step 2: Leave the Court Order Date Blank
On the form, there is a box labeled “court order is good cause appearing” with a date field. Do not fill this in yourself. The court will fill in the date, which is typically the earliest of:
- Six months plus one day from the date of service, or
- The actual date the court processes your divorce if it’s beyond six months.
Filling this in yourself will cause your judgment to be rejected, so it’s best to leave it blank.
Step 3: Provide Party and Minor Children Information
On page two of the FL-180, you’ll enter the names of the parties involved. This is straightforward—simply list the names as they appear in your petition. For example, if the petitioner is Jane Smith, enter that name accordingly.
If there are minor children involved, you must list their names exactly as they appear on the petition, along with their dates of birth. This ensures consistency and prevents delays.
Special Note on Children Born Before the Marriage
If you have children born prior to the marriage, you may have been asked to attach a Declaration of Parentage when filing your petition. If you didn’t submit this previously, it’s important to do so now. You will need to mark the box indicating that parentage is established for children of this relationship and attach the necessary documentation.
Step 4: Address Child Custody and Support
If minor children are involved, you must include provisions for child custody and child support in your judgment. Always use the court-approved attachments, such as form FL-341, to outline custody arrangements clearly.
One common error is neglecting to include a child support order. Even if the parties agree there will be no child support, a formal child support order must still be included in the judgment. This ensures the court’s orders are complete and enforceable.
Step 5: Include Settlement Agreements and Spousal Support Orders
The first box on the FL-180 references any settlement agreements, stipulations for judgment, or other written agreements between the parties. If your forms don’t provide space for additional information or signatures, consider using a marital settlement agreement format that allows for clear documentation and signing.
Spousal support is another area where mistakes often occur. Some parties mistakenly believe that if no spousal support is requested, no order is needed. However, a spousal support order is required in all cases, even if it states that no support will be paid. Use form FL-343 for this purpose, and attach it to your judgment.
When completing this section, you’ll indicate whether you are reserving jurisdiction for future spousal support modifications or terminating spousal support altogether.
Step 6: Property Division Order
Every divorce judgment must include a property division order. If your property division is minimal, you can complete this section directly on form FL-345, which is simpler and often sufficient for uncontested cases.
In summary, the minimum required attachments to the FL-180 in a no-children case are:
- Spousal support order (FL-343)
- Property division order (FL-345)
Step 7: Finalizing Your Judgment Packet
Once you have completed all relevant forms and attachments, count the total number of pages beyond page two of the FL-180. Enter this number on the appropriate line on the form to finalize your judgment packet.
This step helps the court keep track of your filing and ensures all documents are reviewed together.
Conclusion
Filling out the California Divorce Form FL-180 correctly is crucial to finalizing your divorce without unnecessary delays. Remember to:
- Confirm the respondent was properly served and enter the correct dates.
- Leave the court order date blank for the judge to fill in.
- List all parties and minor children accurately with consistent information.
- Include all necessary orders for child custody, child support, spousal support, and property division.
- Attach all required forms and count your pages carefully.
Following these steps will help ensure your divorce judgment is processed smoothly by the court.
For more detailed guidance on completing your divorce forms or to schedule a free consultation, visit Divorce661.com. Whether you’re navigating an uncontested divorce or need help with complex issues, having the right information and support can make all the difference.