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Guide to Finding Your Divorce Decree, Marital Settlement Agreement & Domestic Support Orders

Sep 28
6 min read

If you are preparing for a bankruptcy case and have been divorced, our office may ask you to provide documents from your divorce or family law case. These documents help your attorney understand your current and former marital obligations, including child support, alimony/spousal support, maintenance, property division, and debts assigned during the divorce.


This guide will help you identify the documents you may already have and explain where to look if you need to request copies.


What You’ll Need Before You Start

Before looking for your divorce documents, try to have the following information available:


  • Your full legal name at the time of your divorce

  • Your former spouse's name

  • The county and state where your divorce was filed

  • Your divorce case number, if available

    • If you don't know your case number, don't worry. You may still be able to locate your records through the court. You can also use Find My Court to locate the correct court.

  • The approximate year your divorce was finalized


If you're changing your name, you'll also need documentation showing your legal name change, such as:

  • Marriage Certificate - If you were married in California, you can request a copy from the county recorder or clerk where your marriage license was filed.

  • Divorce Decree - If your divorce was finalized in California, request a copy from the Superior Court that handled your case. You can also use Find My Court to locate the correct court.

  • Court Order approving the name change - Request a certified copy from the California court that issued the order. If you need help finding the court, use Find My Court.


Why This Is Important

Your divorce documents contain information that may be important when preparing your bankruptcy case.


Your attorney may need to determine:

  • Whether you are required to pay or receive child support

  • Whether you are required to pay or receive alimony or spousal support

  • Whether you have past-due support

  • How property and debts were divided during your divorce

  • Whether you remain responsible for debts assigned in your divorce

  • Whether there are other ongoing obligations from your divorce


Providing the complete documents, rather than just the first page, helps our office accurately review your obligations and prepare your bankruptcy paperwork.



Step 1: Finding Your Divorce Decree or Judgment

Your final divorce document may have different names depending on the court and when your divorce was finalized.


You may see it called:

  • Divorce Decree

  • Judgment

  • Judgment of Dissolution of Marriage

  • Final Judgment

  • Judgment of Dissolution


These documents generally establish that your marriage was legally dissolved and may contain information about property, debts, support, and other orders.


Step 2: Finding Your Marital Settlement Agreement

A Marital Settlement Agreement (MSA) is an agreement between you and your former spouse addressing issues related to your divorce.


It may include information about:

  • Property

  • Vehicles

  • Bank accounts

  • Debts

  • Child support

  • Spousal support or alimony

  • Other financial responsibilities


Your MSA may be a separate document, or its terms may have been incorporated into your final Judgment.


If you have a Marital Settlement Agreement, please provide the complete agreement—not just the signature page.


Step 3: Understanding the California Divorce Forms

If your divorce was handled in California, you may see several standard Judicial Council forms in your paperwork.


Here are some of the forms our office may ask you to provide:

This is generally the document that started the divorce case.


It provides information about:

  • You and your spouse

  • Your marriage

  • Children

  • Property

  • Debts

  • Requests being made to the court

The FL-120 is generally filed by the spouse responding to the divorce petition.


It provides information similar to the FL-100 from the responding spouse's perspective.


If you filed a response to your spouse's divorce petition, you may have an FL-120 in your records.

This form is particularly important because it lists information about property and debts involved in the divorce.


It may include:

  • Real estate

  • Vehicles

  • Bank accounts

  • Investments

  • Credit cards

  • Loans

  • Other debts

  • Separate or community property

The FL-150 provides information about a person's financial situation during the divorce case.


It may include:

  • Employment income

  • Other income

  • Monthly expenses

  • Housing costs

  • Debts

  • Assets

  • Child support

  • Spousal support

The FL-160 provides additional information about property involved in the divorce.


It may identify:

  • Real property

  • Vehicles

  • Bank accounts

  • Personal property

  • Investments

  • Other assets


Don't Worry If You Don't Have Every Form


You do not need to recreate your entire divorce file yourself. If you find some of these forms but not others, send our office what you have. Your divorce case may not contain every form listed above, and forms may have been completed differently depending on your case.


The most important thing is to provide the complete divorce documents you have available.


Step 4: Finding Your Domestic Support Order

A Domestic Support Obligation (DSO) generally refers to certain court-ordered support obligations, such as:

  • Child support

  • Spousal support

  • Alimony

  • Maintenance


Your support order may not be a document specifically titled "Domestic Support Order."


Instead, the support obligation may be contained in:

  • Your Divorce Decree

  • Judgment of Dissolution

  • Marital Settlement Agreement

  • Child Support Order

  • Spousal Support Order

  • A later modification order

  • Another family court order


Step 5: Look for Your Current Support Amount

When reviewing your divorce paperwork, look for sections mentioning:


  1. Child Support

    1. Look for information such as:

      • Monthly payment amount

      • Who pays support

      • Who receives support

      • Effective date

      • Amount of any past-due support

  2. Spousal Support / Alimony / Maintenance

    1. Look for:

      • Monthly payment amount

      • Who pays support

      • Who receives support

      • When payments began

      • When payments end

      • Any later modifications


If your support amount has changed since your divorce, make sure you provide the most recent order showing the current amount.


Step 6: If Your Support Order Was Modified

Your original divorce judgment may not show your current support obligation.

For example, your original order may have required $500 per month, but a later court order may have changed the amount.


If this applies to you, provide:

  • The original support order

  • Any modification orders

  • The most recent order showing the current obligation


This allows our office to determine which order is currently in effect.


Step 7: Where to Get Copies If You Can't Find Your Documents

Option 1: Contact Your Divorce Attorney

If an attorney represented you during your divorce, contact their office and ask whether they still have a copy of your:

  • Final Judgment

  • Divorce Decree

  • Marital Settlement Agreement

  • Support orders

  • Financial disclosures

If you don't have your documents, contact the court where your divorce was finalized.


If your divorce was finalized in California, request a copy from the Superior Court that handled your case. You can also use Find My Court to locate the correct court.


Ask the clerk how to obtain copies of your divorce case documents.


You may need your:

  • Case number

  • Full name

  • Former spouse's name

  • Date or approximate year of the divorce



What to Send to Your Attorney

If applicable, please provide:

  • Divorce Decree / Final Judgment

  • Marital Settlement Agreement

  • FL-100 — Petition

  • FL-120 — Response

  • FL-142 — Schedule of Assets and Debts

  • FL-150 — Income and Expense Declaration

  • FL-160 — Property Declaration

  • Child Support Order

  • Spousal Support / Alimony / Maintenance Order

  • Any later support modification orders

  • Recent documentation showing your current support obligation or arrears, if applicable


Please provide the complete document, including all pages and attachments.


Common Mistakes to Avoid

  1. Sending only the first page

    1. Divorce judgments and settlement agreements can be several pages long.

      Please send the complete document.

  2. Sending only your divorce certificate

    1. A divorce certificate or record showing that you are divorced does not necessarily contain the financial and support information your attorney needs.

      We need the complete Judgment/Decree and related documents, when available.

  3. Sending an old support order

    1. If your support amount has changed, your original divorce order may no longer show the current amount.

      Include your most recent modification order.

  4. Assuming "Domestic Support Order" is a specific document

    1. You may not have a document with that exact title.

      Your support obligation may be contained within your Judgment, MSA, or another family court order.

  5. Only sending the pages that mention support

    1. Even if you think only one page is relevant, please send the complete document so our office can review the surrounding provisions.


Need Help?

You can start by contacting the court where your divorce was finalized or the attorney who represented you.


If you're having trouble identifying your divorce documents, don't worry. Divorce paperwork can be confusing, especially when you have several forms with different numbers and names.


Our office can help you determine which documents you should provide for your bankruptcy case.


Final Thoughts

Divorce paperwork can contain a lot of information, but you don't need to understand every page before sending it to us.


When in doubt, send the complete document.


Providing your Divorce Decree, Marital Settlement Agreement, support orders, and related financial forms early helps our office accurately review your obligations and prepare your bankruptcy case.


If you have questions, feel free to contact our office for assistance.

 
 
 

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(619) 420-5900

*All information displayed on the Law Offices of Rick G Meléndez website is informational and shall not be deemed as legal advice. If you’re currently dealing with an individual legal situation, you’re invited to contact our team through email or by phone. Until an attorney-client relationship has been established, we urge that you avoid sharing any confidential information.

 

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