We're still finalising the updated JCSP, although no new changes to the network side will be in place. I noticed also that www.jcsp.org was gone, as is www.quickstone.com. We can probably put a previous version of JCSP up somewhere temporarily until the final release if necessary; let me know. One major difference people will notice is the package name changes to org.jcsp instead of com.quickstone. Otherwise everything should be fine.
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There are residency requirements to get divorced in California. This means you have to have lived in California for the past 6 months. To file in Orange County, one party must have lived in Orange County for the three months immediately preceding the filing of the Petition.
Both persons do not have to agree to the divorce. One partner can’t force the other to stay in the relationship. Either partner can decide to end the marriage. The partner who does not want to get a divorce cannot stop the process by refusing to participate in the case. Non participation may lead to a default judgment, not to a dismissal of the divorce request.
If a Domestic Partnership has not been registered with the State of California or another state, you cannot file for a Dissolution of Domestic Partnership with the Court. Also, at least one of the parties has to have lived in California for the past 6 months. To file in Orange County, one party must have lived in Orange County for the three months immediately preceding the filing of the Petition.
It takes at least six months for the divorce to become final. The six months is counted from the date that the partner who started the divorce had the other served with the Petition for Dissolution and the Summons OR when the other spouse responded (filed their first paper), whichever is earlier. A divorce is not final until a Judgment of Dissolution is signed by the judge. There are several forms to be completed and additional steps to be taken before a Judge will consider a Judgment.
Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (form FL-105) – if there are children of the marriage or domestic partnership.
An additional Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (form FL-105) – if there are children of the marriage or domestic partnership
under step 1 and the blank forms under step 2 with the filing fee in cash, check, credit card or money order to the Family Law Clerk’s Office.
You may bring these in person or mail them in. If you decide to mail them, provide a self-addressed, stamped envelope with sufficient postage to return the two sets of copies back to you.
forms. They will keep the original and give you the copies with “Filed” stamps on them. These are considered conformed copies. One set is for you to keep for your records and the other is for your spouse or partner to have. The set for your spouse or partner will include the two blank forms you printed under step 2.
person over 18 not connected to the court case (not you) who gives your partner their set of the court forms. When a lawsuit is filed, the person being sued has a right to be told about it. This needs to be done in time for the person to go to court and tell the judge his or her side of the story before the judge makes a decision. This process is called “service of process” and is very important. If the party can’t be located you may need to serve by publication.
Your spouse or partner is the Respondent or the party who will be responding to your Petition for Dissolution, Legal Separation or Nullity. The Respondent always remains the Respondent in the case.
of Service (form FL-115) must be completed by the person that “served” the documents and be brought or mailed to the clerk’s office to be placed in the court file. This form lets the court know that the right documents were given to the Respondent in the manner required by law. Be sure to bring an extra copy and self-addressed, stamped envelope with sufficient postage if you mail this in.
information. You have to do this twice. First is the “preliminary” exchange and then before your case is completely resolved you exchange financial information a “final” time in case there are changes in circumstances from the time of the preliminary exchange. Even if there are no changes, a final will be required unless the final of the Declaration of Disclosure is specifically waived.
The preliminary exchange may be done at the same time you serve your spouse/partner with the documents you completed and printed under steps 1 and 2 above.
If you waive the final exchange of the Declaration of Disclosure, complete the Stipulation and Waiver of Final Declaration of Disclosure (form FL-144).
not need to be filed with the court, but you do need to tell the court you exchanged. This is done by filing forms:
Declaration of Disclosure (form FL-140) - one time for the preliminary exchange and one time for the final or form L1125 if the final exchange was waived.
Declaration Regarding Service (form FL-141) - one time for the preliminary exchange and one time for the final.
information, determine if this is a contested or uncontested case. When you and your spouse or partner can agree about the money and parenting issues in your divorce, legal separation or nullity it is considered uncontested. In many cases the filing of a response document may not be necessary by your spouse or partner. You and your partner will need to work on drafting an agreement and proposed judgment. There are many options and several legal services or attorneys that can help you with all of the requirements of a legal judgment.
of your divorce this is a contested case. The Respondent completes and files their Response with the court. They have 30 days after they receive service in which to do this without risk of being in default. To respond complete these forms:
Declaration Under Uniform Child Custody Jurisdiction and Enforcement (form FL-105) – if you have minor children with your spouse/partner.
giving up their right to have any say in their divorce settlement. The Petitioner can proceed with the case without the other person’s participation by requesting a Default. A Request to Enter Default (form FL-165) is to be completed if it becomes necessary to proceed by Default.
Even when there is a Default the parties may still agree and seek a final judgment under Family Code § 2336. If the parties do not agree a Memorandum for Setting of Hearing (form L124) is required to schedule the case for hearing. Petitioner may submit a proposed judgment of their own to the judge at the hearing.
At the point that the Respondent files a Response or Appearance Stipulation and Waiver, a Request to Enter Default cannot be entered. If there is a Default entered, a Response cannot be filed without the Respondent first requesting a judge to set aside an entered default.
completed forms. Bring the original and two copies of the forms with the filing fee in cash, check, credit card or money order to the Family Law Clerk’s Office.
You may bring these in person or mail them in. If you decide to mail them, provide a self-addressed, stamped envelope to return the two sets of copies back to you.
The clerk’s office will stamp the same case number and “File” stamp all the forms. They will keep the original and give you the copies with “Filed” stamps on them (conformed copies). One set is for you to keep for your records and the other is for your spouse or partner to have.
a person over 18 not connected to the court case (not you) who gives your partner their set of the court forms. When a lawsuit is filed, the person being sued has a right to be told about it. This needs to be done in time for the person to go to court and tell the judge his or her side of the story before the judge makes a decision. This process is called “service of process” and is very important.
Service (form L2409) must be completed by the person that “served” the documents and be brought or mailed to the clerk’s office to be placed in the court file. This form lets the court know that the right documents were given to the Petitioner in the proper manner required. Be sure to bring an extra copy and provide a self-addressed stamped envelope with sufficient postage if you mail this in.
You have to do this twice. First is the “preliminary” exchange and then before your case is completely resolved you exchange financial information a “final” time in case there are changes in circumstances from the time of the preliminary exchange. Even if there are no changes, a final will be required unless the final of the Declaration of Disclosure is specifically waived.
If you waive the final exchange of the Declaration of Disclosure, complete the Stipulation and Waiver of Final Declaration of Disclosure (form FL-144)
agreement of the parties, a hearing on the issues needs to be scheduled. This is done by completing an At Issue Memorandum (form L31). You complete this and mail or bring it to the Clerk’s Office. If you mail it, provide a self addressed, stamped envelope for the clerk’s office to return a hearing date to you.
and a Notice of Entry of Judgment (form FL-190). These forms and necessary attachments are prepared by one of the parties and submitted to the court to ensure that all legal requirements are included. The judgment should include orders dividing property equally, establishing support if appropriate and include custody and visitation as well as other related orders. The court will determine the date of termination or separation. Your case is not final without a Judgment.
The Family Law Clerk’s Office is where you come to “File” your court documents on family related matters, such as divorce, separation, nullity, paternity, family support and domestic violence. We perform clerically administrative functions such as requests for copy work, schedule dates on the courtroom calendars based on availability, accept payment for filing documents and fees and process other documents such as appeals, transfers, writs, abstracts and stipulated judgments.
When you enter the Clerk’s Office you will be greeted by our triage clerk. The triage clerk will be asking questions to determine the priority of the filings and to save you time if you are not in the correct filing location or if your forms are not yet complete. You will be issued a number to wait in line.
The building is located between Garden Grove Boulevard/Memory Lane and Chapman Avenue. When visiting our facility, be prepared to pay for parking and allow sufficient time as you will be required to go through weapon screening before entering the building. Recording devices, including cameras are prohibited and you will not be allowed to bring them into the building.
The court accepts cash, check, credit card or money orders as methods of payment. The fee for filing a new case will vary depending on case type. Please refer to the Uniform Filing Fee Schedule posted on our website.
Court forms may be obtained, free of charge, through our website or from the onsite public computers at the Self-Help Center. You may also choose to use the I-CAN!™ fillable form program to complete specific forms
The list of documents that have been filed on your case, party and hearing information can be viewed on our court public website case information link.
To view the Register of Action or images of filed documents in a Family Law case, you may visit the Family Law Clerk’s Office and access the case from the public computers in the lobby.
Paternity files are confidential by law and only parties to the case with valid identification or an approved signed order of the court will be allowed to view a Paternity case.
If you do not have the case number available, you can search for your case by name on the internet or from the index computers in the Clerk’s Office lobby.
Family Law cases opened in 1968 or later may be searched at the Lamoreaux Justice Center. Requests for Family Law index searches for cases filed prior to 1968 may be submitted to the Central Justice Center in Santa Ana.
You may request copies by mail or in person. There is a per page copy fee and other applicable fees may apply, including fees for a search, certification, exemplification, and/or authentication, if requested. Include the following information in your request:
Include a check made payable to “Clerk of the Court” for the full amount (refer to the Uniform Filing Fee Schedule for the current copy, search, certification, exemplification and authentication fees.)
If you are unsure of the total amount to send, write “NOT TO EXCEED $50” in the memo section of your check and leave the amount blank. The clerk will fill-in the correct amount and will send a receipt along with copy of requested documents.
If you are a party in a Paternity or Parentage action, please include a copy of a valid photo identification including any of the following: