How to prepare divorce forms (click here)

California No-Fault Divorce (Minor Children)
Uncontested Divorce

About this Form:  This is a no-fault divorce form for the State of California (PETITION FOR DISSOLUTION OF MARRIAGE). The majority of courts will require that this form be filed along with a Marital Settlement Agreement (Minor Children). Please note that in Paragraph 5 (Grounds for Divorce), the Petitioner will need to specify grounds for divorce that are looked upon as legally valid within the State of California. California law only recognizes the following grounds as adequate for granting a no-fault divorce: Irreconcilable differences that have caused the irremediable breakdown of the marriage.

PETITION FOR DISSOLUTION OF MARRIAGE

SUPERIOR COURT OF CALIFORNIA, COUNTY OF _________________

In re: the Marriage of

__________________________
Petitioner

and

__________________________
Respondent

 )
)
)
)
)
)
)
)
)


_______________
Docket No.

The Petitioner, __________________, respectfully declares the following:
 
1. Petitioner's  Residence:  Petitioner  resides at _________________ [insert Petitioner's address] and has been a resident of the State of California for _____ [insert period of residence in months and years].

2. Respondent's  Residence:  Respondent resides at __________________ [insert Respondent's address] and has been a resident of the State of California for _____ [insert period of residence in months and years].

3. Marriage:  On _____________, _____, in  ________ (city), ___________ (county), ____________ (state), the Petitioner and Respondent married. An official copy of the marriage license is attached to this PETITION FOR DISSOLUTION OF MARRIAGE.

4. Children:  Petitioner and Respondent have the following children born or adopted into their marriage:

Name: ___________________ Date of Birth: _________
Name: ___________________ Date of Birth: _________
Name: ___________________ Date of Birth: _________
Name: ___________________ Date of Birth: _________

5. Jurisdiction:  This Court is that of proper jurisdiction to hear this cause. The Respondent has agreed to file an Affidavit of Consent in this cause.  Neither the Petitioner or Respondent has been involved in any litigation or other proceeding involving the other party in this or any other jurisdiction with respect to their marriage or any other domestic matter.

6. Grounds for No-Fault:  Petitioner wishes a dissolution of marriage with Respondent based on the following grounds:
________________________________________________
________________________________________________
________________________________________________
________________________________________________
[Note: This paragraph must describe sufficient legal basis for divorce as recognized by the laws of the State of California. Sufficient basis for a no-fault divorce within California is limited to the following: Irreconcilable differences that have caused the irremediable breakdown of the marriage.

7. Marital Settlement Agreement:  Petitioner and Respondent ___________ have (copy attached) ___________ have not entered into a Marital Settlement Agreement that formalizes an allocation of their property and finances and matters relating to child custody and visitation.

8. Other Declarations:
_________________________________________________
_________________________________________________
_________________________________________________

NOW, THEREFORE, Petitioner requests that the court order a FINAL JUDGEMENT OF DISSOLUTION OF MARRIAGE and such further relief as Petitioner may have requested herein.
 

Verification

I, ______________[name of Petitioner], affirm under penalty of perjury that I am the Petitioner in the foregoing PETITION FOR DISSOLUTION OF MARRIAGE and that all statements in this Petition are accurate to the best of my knowledge. I have filed this Complaint in good faith and have not colluded with anyone in relation to it.
 

__________________________ _________________
Petitioner's Signature Date


___________________________
Petitioner's Address, Line 1

___________________________
Petitioner's Address, Line 2


Subscribed and sworn to before me on this ____ day of ____, 20___.
 
 
________________________
Notary

 

AFFIDAVIT OF CONSENT

SUPERIOR COURT OF CALIFORNIA, COUNTY OF ____________

In re: the Marriage of

__________________
Petitioner

and

__________________
Respondent		 )
)
)
)
)
)
)
)
)


__________________
Docket No.

1. A PETITION FOR DISSOLUTION OF MARRIAGE was filed between Petitioner and Respondent on the _______ day of ________, 20___.

2. The marriage between Petitioner and Respondent is irretrievably broken and efforts at reconciliation have failed.

3. I, ___________, have received a copy of the PETITION FOR DISSOLUTION OF MARRIAGE, and I have read it thoroughly and understand it. I do not wish to contest this proceeding. I do not object to the declarations made in the PETITION FOR DISSOLUTION OF MARRIAGE. I do hereby consent to the relief requested in therein and to the entry of a FINAL JUDGEMENT OF DISSOLUTION OF MARRIAGE dissolving and forever terminating the marriage between Petitioner and Respondent. I consent that the court may hear this cause on any day convenient to the court without further notice to me. I further consent that the court may enter any order granting any and all the relief sought in the PETITION FOR DISSOLUTION OF MARRIAGE.

4. I waive any and all rights I may have to a motion for a new trial, a record testimony, findings of fact and conclusions of law, notice of trial, a notice of entry of a FINAL JUDGEMENT OF DISSOLUTION OF MARRIAGE and my right to appeal. I do not waive any future rights I may have to the modification of any judgment or decree in relation to this cause.

5. I affirm under penalty of perjury that all statements in this Affidavit of Consent are accurate to the best of my knowledge. I have filed this Affidavit of Consent in good faith and have not colluded with anyone in relation to it, nor have I been subject to any force or duress in signing it.

 

________________________ _________________
Signature Date


____________________________
Address, Line 1

____________________________
Address, Line 2


STATE OF CALIFORNIA
COUNTY OF _______________

Subscribed and sworn to before me on this ____ day of __________, 20___.
 
 
_______________________
Notary