Best Way To Divorce USA: Step 1 – Drafting The Divorce Petition
The person filing for divorce is known as the PETITIONER, and the person responding/being served with the divorce, is known as the RESPONDENT.
THE PETITION FOR DISSOLUTION (FL-100) is a mandatory form as part of filing for divorce. The SUMMONS (FL-110) is a notice to your spouse that you have filed for divorce and they have 30 calendar days to respond. It also contains a set of Standard Family Law Restraining Orders, commonly referred to as the “ATROs” and provides information regarding rights and options. If you have minor children of your relationship, you will also need to file a declaration related to your children’s residences over the past five years, called the Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act, or UCCJEA (FL-105).
When we refer to a ‘domestic partnership’, this is a legal relationship available to all same-sex couples, and to those opposite-sex couples where at least one party is aged 62 or older and not married to their spouse.
Best Way To Divorce
Best Way To Divorce: Step 1 – Drafting The Divorce Petition
A Divorce Petition Is Filed
THE PETITION FOR DISSOLUTION (FL-100) is a mandatory form as part of filing for divorce. A Petition is a request for divorce. It lists factual information that is required before a judge can grant a divorce. This includes residency information, statistical information such as the date of marriage and separation, and your general position on the divorce issues. There are five general categories of divorce issues:
• Children of the marriage: custody, visitation, and support; • Spousal support; • Property division; • Debt allocation; and • Attorney fees.
One of you makes the decision to submit the PETITION. Ideally the Petition contains correct information and reasonable requests that you have already discussed with them. Please don’t send it as a nasty surprise (if that’s possible) – this is a journey you should begin together. HOWEVER – the petition must be served by someone who is over 18 and not you! Please don’t ask any of your adult children to serve the petition on your spouse – get an independent third party to do it for you.
In the State of California you don’t need to show ‘fault’ (thank goodness) – but you do need to provide grounds. Both a legal separation (where you agree terms re. finances and children but remain legaly married) and a divorce require the same grounds. You must choose between irreconcilable differences or the incurable insanity of your spouse. infidelity is not required to be stated as a cause and there is a lot to be said for keeping this process as simple and uncomplicated (emotionally as well as administratively) as possible.
The SUMMONS (FL-110) is a notice to your spouse that you have filed for divorce. It tells your spouse or domestic partner that a court case has started and what will happen if he or she does not respond in 30 days. It also contains a set of Standard Family Law Restraining Orders, commonly referred to as the “ATROs” and provides information regarding rights and options.
Both parties are subject to the Standard Family Law Restraining Orders, which means neither can do the following: • Remove the minor children of the marriage from California, even for vacations. • Change, cancel, borrow against, or dispose of any insurance. This includes life, health, auto, disability, and all other forms of insurance that are held for the benefit of either spouse or their minor children. • Transfer, conceal, encumber, or dispose of any property, including both real and personal property, community or separate property except in the usual course of business or for life necessities. • Create a nonprobate transfer, which means a transfer of property upon death that avoids probate. This does not include the creation of a will.
Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act
If you both have young children from your relationship, you will also need to file a declaration related to your children’s residences over the past five years, called the Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act, or UCCJEA (FL-105).
The Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act, commonly known as the UCCJEA (FL-105), is a mandatory California divorce form. It is a document that allows the judge to make sure that California has jurisdiction (authority) to make custody and visitation orders. In order for a California judge to be able to make these orders, the children must be residents of California.
Don’t Forget The Family Law Case Cover Sheet When Filing For Divorce in Los Angeles County
If you are filing for divorce in Los Angeles County, you are required to fill in the Family Law Case Cover Sheet form FAM-020.
The family law case cover sheet is a local form that is used in Los Angeles County, and is used to help the court determine jurisdiction for your case. In essence, they want to make sure you are in the right court. It is fairly simply to fill in but important to include it.
It is worth checking if your county has additional forms that you might need to fill in when divorcing.
There are mandatory filing fees when you first file for divorce in California. This fee is commonly referred to as a first appearance fee. If you are on disability or another form of state aid and you apply for a waiver, you will automatically qualify to have these fees waived. If you need a payment plan or cannot pay the filing fees, you can also apply for this assistance.
You will need to bring your papers to your local courthouse and file them with the family law clerk’s office. Since most counties have multiple courthouses in multiple locations, make sure you look up the address of the family law courthouse. Be aware that most courthouses do not operate on a typical business hour schedule and may close as early as 1:00 pm.
For all documents you file with the court, you will need to double hole punch the original document at the top and make two copies of each pleading you want to file. The court clerk will take and file the original then stamp and return the two copies as endorsed-filed documents to you. One copy is for you, and one copy is to be served on your spouse.
Once the Petition, Summons, and, if you have minor children of the marriage, the UCCJEA have been filed, the next step is to serve your spouse with these documents. Service means to give the other party copies of the documents. Serving the initial documents gives your spouse notice that a case has been opened and that he or she is subject to the Standard Family Law Restraining Orders. Proper service is essential for moving forward with the divorce process – until service happens, the minimum waiting period of six months and a day does not begin.
Child Custody and Visitation (Parenting Time) Application Attachment Form FL-311 is an optional form, but it may help you ensure you do not leave anything out of your request.
If you need more room on your petition to list your property and debts, use the following form: Property Declaration (Family Law) FL-160 Lists each item of property and debt and whether you think it is community or separate property.
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