[CA] Did I mess up my divorce by filing an FL-800 after initially responding with an FL-120?

CA Family Law

Barrister

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You should use the FL-800 (Joint Petition for Summary Dissolution) form to end a short-term marriage with no kids in California, not the FL-120 form. The FL-800 is for a simplified divorce process that is faster and does not require court appearances, as long as you meet the eligibility requirements, such as being married less than five years, having little community property or debt, and no children.

So if you filed the FL-800 in the already existing case after the judge requested further documentation, the judge will essentially ignore the original petition and your FL-120 filing and just go with the 800 in making a determination.

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I'm trying to figure out if I have screwed up my divorce by filing the wrong documents.

I initially filed an FL-120 in response to my spouse's petition to divorce. We just wanted a dissolution without any kids and neither of us to owe the other anything. We also both wanted to do this without lawyers, as neither of us are interested in spending much money. We'd also been married less than five years (barely two).

After these were filed we hadn't heard from the court for a long while and didn't know how to move forward. After a hearing two years later we had a judge simply ask for us to file some sort of document. What we ended up filing was an FL-800, which is a joint petition to end a marriage that is less than 5 years where there is no property or finances to split.

When I asked the court clerk if this was normal (petitioning a new petition in a case that already has a petition) they didn't seem to indicate it was. However, having had my spouse sign it and submit it, my spouse is now telling me it was "accepted by mistake"?

Lexi, Chatbot

I understand how stressful it can be to worry about your divorce filings. Have you received any feedback or communication from the court regarding your filings?

No. I called them today and they said it's still being processed.

Barrister

Hello and welcome to the site! My name is Barrister and I am a licensed attorney and I am here to help with your situation.

I know your question is important, but there may be a short delay in my responses as I type out an answer or reply as I am typically working with several customers at once on the website. I have read your post and I am sorry to hear you are having to deal with this situation as I realize it can be frustrating and confusing.

Thank you, I understand. It's a bit much.

Barrister

For a short-term marriage in Florida with no kids and no shared assets or liabilities, you should use the Petition for Simplified Dissolution of Marriage (Florida Family Law Rules of Procedure Form 12.901(a)), not FL-120 or FL-800. These other forms are typically used for situations involving children, which you've stated are not applicable.

Ok well... first: this is California. But my main concern is if we joint submitted the FL-800 in a court case where the initial petition was an FL-100, would the FL-800 get rejected?

Barrister

Gotcha… just a sec…

Barrister

The clerk was unable to explain if that was a possibility and I can't tell if my spouse is simply trying to expedite the process by having us file a Stipulation Agreement with a resolution to end the divorce sooner or if there is legitimately an issue with having the FL-800 petitioned after a divorce was started.

Ok! That is what I thought! Thank you for your help!

Barrister

Correct. The judge was likely confused why no one did anything for 2 years, so he wanted a status update and was hinting to you to file the FL-800. He can't directly tell you to, as he can't give you legal advice, but he can hint at it to make things simple and expedite the process.

So now you are just in a holding pattern waiting on him to review and approve the FL-800 and sign off on it. Depending on how many cases are before yours, it might be days or it might be weeks before he finally reviews and approves it.

And there shouldn't be an issue if after the start of the divorce enough time has passed to accumulate 5 years since the marriage? Since on file we initiated the divorce a little less than two years in?

That is my only other concern. Essentially: when will the judge consider the divorce started? During the original petition or the submission of the FL-800?

Barrister

You should also fill out and submit the Judgment of Dissolution and Notice of Entry of Judgment (FL-825) as that will make it even easier for the judge to sign off on the judgment if it is already in front of him.

I wouldn't raise the issue that it has been over 5 years now and just very quietly pursue it as if it was still an under-5-year-old marriage.

But from a procedural perspective, the divorce is considered to have been filed when the original petition was filed, even if it was technically not the optimal filing. It doesn't matter how long it takes before it is finalized.

Yes. I did file those with the document per its recommendations! Thank you!

That is ALSO what I thought. I just wanted to make sure. As I said, I only became concerned because my spouse has cryptically emailed me saying it had "been accepted by mistake" and would go against the initial filing, so I wanted to make sure I had some clearer understanding from a professional.

It seems I have done everything the right way up to this point. Thank you so much! This has been relieving.

Barrister

Correct… a bit of a rough start, but you smoothed it out and are now just waiting for review/approval by the judge.

I'd heart that if I could. Thank you!

Barrister

You are very welcome. Glad I could help. It was my pleasure to work with you and help with your question.

Have a great afternoon and be safe!

Thank you. Am I able to give you a review or anything? Anyway I could help give back for the information you gave me?

Barrister

There should be something on the website where you can leave a review. I'm not an employee of the website, just an independent contractor, so I'm not 100% sure how the back end of their website works. Thanks much.

You're welcome. Thank you again!

Barrister

You are very welcome.

Barrister

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