DIVORCE, LEGAL SEPARATION, ANNULMENT
Transcription
DIVORCE, LEGAL SEPARATION, ANNULMENT
DIVORCE, LEGAL SEPARATION, ANNULMENT HELPFUL WEBSITES www.courts.ca.gov - State Court - forms, etc. www.kern.courts.ca.gov - Kern Court Website www.kclawlib.org – Kern County Law Library www.findlaw.com – Case Law www.leginfo.ca.gov - Legislation/Codes www.accesslaw.com – Forms, Cases, Codes GETTING STARTED: Check on the Court’s database to see if you have any other cases involving your spouse and children. WRITE DOWN THE CASE NAME AND NUMBER. What is your date of marriage? ___________________________________________ What is your date of separation? __________________________________________ Check our local rules online at www.kern.courts.ca.gov/familylaw/familylawrules for the proper venue, that is, proper court to file in! -or- Check the attached FAMILY LAW VENUE BY CITY. GET ORGANIZED! You will have a lot of papers. Set up your own portable office. You should get: bag or case to carry your portable office folder or binder to hold papers pens- black or blue ink envelopes and 12 postage stamps white out – the tape kind a calendar COMPLETE FORMS: GET THE FORMS FROM THE FAMILY LAW CLERK, FACILITATOR, OR ONLINE AT: www.courts.ca.gov/selfhelp - State Court - forms, etc. www.accesslaw.com - Forms 1. Summons (FL-110) mandatory 2. Petition for Dissolution of Marriage OR Legal Separation OR Nullity of Marriage (check one box) (FL-100) mandatory 3. If you have children, complete: UCCJEA (FL-105) mandatory if you have children Attachment 3c (additional children’s residential information) (FL-105(A) if there are more than 2 children) and Optional Custody/Visitation Attachments - (separate handout) Child Custody and Visitation Attachment (FL-311) Attachment 2e(4); Request for Child Abduction Prevention Order (FL-312) Children’s Holiday Schedule Attachment (FL-341(C)) Additional Provisions – Physical Custody Attachment (FL-341(D)) Joint Legal Custody Attachment (FL-341(E)) 4. If you have property or debts, complete Property Declaration (FL-160). Do not list community, including quasi-community, property with separate property on the same form; you will need separate FL-160 for community/quasi-community property and separate FL-160 for separate property. 5. Marital Settlement Agreement (Optional) The Marital Settlement Agreement must contain a notarized acknowledgment of yours and the other spouse’s. 6. Blank forms: Response- Marriage (FL-120); UCCJEA (FL-105) if you children; Property Declaration (FL-160) if you have property or debts. 7. Proof of Service of Summons (FL-115) mandatory 8. There is a FEE for filing the papers. If you cannot afford the filing fee, Fee Waiver forms are available. See current fee schedule for list of fees. (Fee Waiver & Order form number FW-001 & FW-003) STEP #8b – You may complete the PRELIMINARY DECLARATION of DISCLOSURE and SERVE on your spouse with the Summons, Petition, etc. at this STAGE or LATER – ask for the “Declaration of Disclosure” handout. CHECK FORMS FOR COMPLETENESS & ACCURACY: You may go to the Family Law Facilitator to have your papers checked BEFORE you make copies: Family Law Facilitator: 1215 Truxtun Ave., First Floor, Bakersfield, Ca. HOURS: 8 a.m. – 4 p.m., Monday – Friday, closed holidays. WEB: www.kern.courts.ca.gov/familylaw/familylawfacilitator EMAIL: [email protected] COPY FORMS 9. Make 2 copies of the Summons, Petition and other forms for a total of 3 sets. 10. Attach a Blank Response (FL-120) plus any other blank forms to the set of forms to be served on your spouse. FILE FORMS 11. Take the forms to the Family Law Division The Family Law Clerk will: 12. check the forms, approve the fee waiver or send it to the judge assign a case number, stamp and file your documents. You may have to return in 3 - 5 days to pick up your stamped paperwork and approved or denied Fee Waiver. YOU ARE NOW THE “PETITIONER” HAVE YOUR SPOUSE – now the “RESPONDENT” - SERVED 13. The Respondent must be personally served the paperwork NOT BY YOU, but by a 3rd person, 18 years or older and not a party or witness to the case. If you are having trouble locating and/or serving the Respondent you can hire a professional process server, or use other methods of service of process. If unsure, please ask for help. 14. The person who served your spouse “server” completes the front and back of the Proof of Service of Summons (FL-115). 15. Make 1 copy of the Proof of Service of Summons and file the original and 1 copy with the Family Law Clerk. KEEP your endorsed copy – you will need it later! THEN WAIT 30 DAYS 16. While you are waiting, complete the PRELIMINARY DECLARATION OF DISCLOSURE (separate handout), unless you already did so (see step #8b). ***DISCLOSURE IS MANDATORY. YOU MUST COMPLETE THIS STEP BEFORE YOU CAN CONTINUE. The Preliminary Declaration of Disclosure is a packet of forms containing all of these: a. Preliminary Declaration of Disclosure (FL-140) a. Schedule of Assets & Debts (FL-142) b. Income and Expense Declaration (FL-150) c. Declaration of Service re Declaration of Disclosure (FL-141) AFTER 30 DAYS IF NO RESPONSE WAS FILED: 17. File Declaration re: Service of Declaration of Disclosure (FL-141) if you haven’t already. IF RESPONSE WAS FILED: 17. Both parties must complete Preliminary Declaration of Disclosure and file Declaration of Service re Declaration of Disclosure (FL-141) with the Family Law Clerk. *WORKSHOP* 18. File a Default for Default Judgment. *WORKSHOP* 18. File At-Issue Memorandum (separate handout/local form) 19. The Clerk of the Court will send out Notice of Mandatory Settlement & Trial Setting 20. Prepare – Mandatory Settlement Conference Statement (separate handout/local form) *WORKSHOP* 21. Prepare or waive – Final Declaration of Disclosure (See #16) 22. Prepare – Trial Brief (separate handout) 23. Go to Trial 24. Prepare Judgment, Notice of Entry of Judgment, Envelopes, and Postage Stamps These materials have been compiled through a grant from the Judicial Council of California. The opinions and findings in this publication are those of the author and not necessarily those of the Judicial Council of California. All rights reserved, April 2009, rev. 11/28/2012. SUPERIOR COURT OF CALIFORNIA, COUNTY OF KERN, FAMILY LAW FACILITATOR, 1215 TRUXTUN AVE., BAKERSFIELD CA 93301; [email protected] FAMILY LAW VENUE BY CITY FAMILY LAW COURTHOUSE IN KERN COUNTY Kern County Superior Court 1215 Truxtun Avenue Bakersfield, CA 93301 Branch Name: Metro-Justice Building (661) 868-5393 Kern County Superior Court 132 East Coso Street Ridgecrest, CA 93555 Branch Name: East Kern Division – Ridgecrest Branch (760) 384-5900 Kern County Superior Court 325 Central Valley Highway Shafter, CA 93263 Branch Name: North Kern Division – Shafter/ Wasco Branch (661) 746-7500 Kern County Superior Court 1773 Highway 58 Mojave, CA 93501 Branch Name: East Kern Division – Mojave Branch (661) 824-7100 Kern County Superior Court 1122 Jefferson Street Delano, CA 93215 Branch Name: North Kern Division – Delano Branch (661) 720-5800 FL-110 SUMMONS (Family Law) CITACION (Derecho familiar) FOR COURT USE ONLY (SOLO PARA USO DE LA CORTE) NOTICE TO RESPONDENT (Name): AVISO AL DEMANDADO (Nombre): RESPONDENT'S NAME You are being sued. Lo están demandando. Petitioner's name is: Nombre del demandante: PETITIONER'S NAME CASE NUMBER (NUMERO DE CASO): CASE NUMBER (leave blank) You have 30 calendar days after this Summons and Petition are served on you to file a Response (form FL-120 or FL-123) at the court and have a copy served on the petitioner. A letter or phone call will not protect you. Tiene 30 días corridos después de haber recibido la entrega legal de esta Citación y Petición para presentar una Respuesta (formulario FL-120 o FL-123) ante la corte y efectuar la entrega legal de una copia al demandante. Una carta o llamada telefónica no basta para protegerlo. If you do not file your Response on time, the court may make orders affecting your marriage or domestic partnership, your property, and custody of your children. You may be ordered to pay support and attorney fees and costs. If you cannot pay the filing fee, ask the clerk for a fee waiver form. Si no presenta su Respuesta a tiempo, la corte puede dar órdenes que afecten su matrimonio o pareja de hecho, sus bienes y la custodia de sus hijos. La corte también le puede ordenar que pague manutención, y honorarios y costos legales. Si no puede pagar la cuota de presentación, pida al secretario un formulario de exención de cuotas. If you want legal advice, contact a lawyer immediately. You can get information about finding lawyers at the California Courts Online Self-Help Center (www.courtinfo.ca.gov/selfhelp), at the California Legal Services Web site (www.lawhelpcalifornia.org) , or by contacting your local county bar association. Si desea obtener asesoramiento legal, póngase en contacto de inmediato con un abogado. Puede obtener información para encontrar a un abogado en el Centro de Ayuda de las Cortes de California (www.sucorte.ca.gov), en el sitio Web de los Servicios Legales de California (www.lawhelpcalifornia.org) o poniéndose en contacto con el colegio de abogados de su condado. NOTICE: The restraining orders on page 2 are effective against both spouses or domestic partners until the petition is dismissed, a judgment is entered, or the court makes further orders. These orders are enforceable anywhere in California by any law enforcement officer who has received or seen a copy of them. AVISO: Las órdenes de restricción que figuran en la página 2 valen para ambos cónyuges o pareja de hecho hasta que se despida la petición, se emita un fallo o la corte dé otras órdenes. Cualquier autoridad de la ley que haya recibido o visto una copia de estas órdenes puede hacerlas acatar en cualquier lugar de California. NOTE: If a judgment or support order is entered, the court may order you to pay all or part of the fees and costs that the court waived for yourself or for the other party. If this happens, the party ordered to pay fees shall be given notice and an opportunity to request a hearing to set aside the order to pay waived court fees. AVISO: Si se emite un fallo u orden de manutención, la corte puede ordenar que usted pague parte de, o todos las cuotas y costos de la corte previamente exentas a petición de usted o de la otra parte. Si esto ocurre, la parte ordenada a pagar estas cuotas debe recibir aviso y la oportunidad de solicitar una audiencia para anular la orden de pagar las cuotas exentas. 1. The name and address of the court are (El nombre y dirección de la corte son): SUPERIOR COURT OF CALIFORNIA (SEE ATTACHED LIST OF KERN COURT'S ADDRESSES) 2. The name, address, and telephone number of the petitioner's attorney, or the petitioner without an attorney, are: (El nombre, dirección y número de teléfono del abogado del demandante, o del demandante si no tiene abogado, son) : YOUR NAME - YOUR ADDRESS, CITY, STATE and PHONE NUMBER Date (Fecha) : [SEAL] Form Adopted for Mandatory Use Judicial Council of California FL-110 [Rev. July 1, 2009] ZIP CODE Clerk, by (Secretario, por) , Deputy (Asistente) NOTICE TO THE PERSON SERVED: You are served AVISO A LA PERSONA QUE RECIBIO LA ENTREGA: Esta entrega se realiza a. as an individual. (a usted como individuo.) b. on behalf of respondent who is a (en nombre de un demandado que es): (1) minor (menor de edad) (2) ward or conservatee (dependiente de la corte o pupilo) (3) other (specify) (otro - especifique): (Read the reverse for important information.) (Lea importante información al dorso.) SUMMONS (Family Law) SAMPLES Page 1 of 2 Family Code §§ 232, 233, 2040, 7700; Code of Civil Procedure, §§ 412.20, 416.60-416.90 Government Code, § 68637 www.courtinfo.ca.gov WARNING-IMPORTANT INFORMATION WARNING: California law provides that, for purposes of division of property upon dissolution of a marriage or domestic partnership or upon legal separation, property acquired by the parties during marriage or domestic partnership in joint form is presumed to be community property. If either party to this action should die before the jointly held community property is divided, the language in the deed that characterizes how title is held (i.e., joint tenancy, tenants in common, or community property) will be controlling, and not the community property presumption. You should consult your attorney if you want the community property presumption to be written into the recorded title to the property. STANDARD FAMILY LAW RESTRAINING ORDERS Starting immediately, you and your spouse or domestic partner are restrained from 1. Removing the minor child or children of the parties, if any, from the state without the prior written consent of the other party or an order of the court; 2. Cashing, borrowing against, canceling, transferring, disposing of, or changing the beneficiaries of any insurance or other coverage, including life, health, automobile, and disability, held for the benefit of the parties and their minor child or children; 3. Transferring, encumbering, hypothecating, concealing, or in any way disposing of any property, real or personal, whether community, quasi-community, or separate, without the written consent of the other party or an order of the court, except in the usual course of business or for the necessities of life; and 4. Creating a nonprobate transfer or modifying a nonprobate transfer in a manner that affects the disposition of property subject to the transfer, without the written consent of the other party or an order of the court. Before revocation of a nonprobate transfer can take effect or a right of survivorship to property can be eliminated, notice of the change must be filed and served on the other party. You must notify each other of any proposed extraordinary expenditures at least five business days prior to incurring these extraordinary expenditures and account to the court for all extraordinary expenditures made after these restraining orders are effective. However, you may use community property, quasi-community property, or your own separate property to pay an attorney to help you or to pay court costs. ADVERTENCIA - INFORMACION IMPORTANTE ADVERTENCIA: De acuerdo a la ley de California, las propiedades adquiridas por las partes durante su matrimonio o pareja de hecho en forma conjunta se consideran propiedad comunitaria para los fines de la división de bienes que ocurre cuando se produce una disolución o separación legal del matrimonio o pareja de hecho. Si cualquiera de las partes de este caso llega a fallecer antes de que se divida la propiedad comunitaria de tenencia conjunta, el destino de la misma quedará determinado por las cláusulas de la escritura correspondiente que describen su tenencia (por ej., tenencia conjunta, tenencia en común o propiedad comunitaria) y no por la presunción de propiedad comunitaria. Si quiere que la presunción comunitaria quede registrada en la escritura de la propiedad, debería consultar con un abogado. ORDENES DE RESTRICCION NORMALES DE DERECHO FAMILIAR En forma inmediata, usted y su cónyuge o pareja de hecho tienen prohibido: 1. Llevarse del estado de California a los hijos menores de las partes, si los hubiera, sin el consentimiento previo por escrito de la otra parte o una orden de la corte; 2. Cobrar, pedir prestado, cancelar, transferir, deshacerse o cambiar el nombre de los beneficiarios de cualquier seguro u otro tipo de cobertura, tal como de vida, salud, vehículo y discapacidad, que tenga como beneficiario(s) a las partes y su(s) hijo(s) menor(es); 3. Transferir, gravar, hipotecar, ocultar o deshacerse de cualquier manera de cualquier propiedad, inmueble o personal, ya sea comunitaria, cuasicomunitaria o separada, sin el consentimiento escrito de la otra parte o una orden de la corte, con excepción las operaciones realizadas en el curso normal de actividades o para satisfacer las necesidades de la vida; y 4. Crear o modificar una transferencia no testamentaria de manera que afecte el destino de una propiedad sujeta a transferencia, sin el consentimiento por escrito de la otra parte o una orden de la corte. Antes de que se pueda eliminar la revocación de una transferencia no testamentaria, se debe presentar ante la corte un aviso del cambio y hacer una entrega legal de dicho aviso a la otra parte. Cada parte tiene que notificar a la otra sobre cualquier gasto extraordinario propuesto, por lo menos cinco días laborales antes de realizarlo, y rendir cuenta a la corte de todos los gastos extraordinarios realizados después de que estas órdenes de restricción hayan entrado en vigencia. No obstante, puede usar propiedad comunitaria, cuasicomunitaria o suya separada para pagar a un abogado o para ayudarle a pagar los costos de la corte. FL-110 [Rev. July 1, 2009] SUMMONS Page 2 of 2 (Family Law) SAMPLES FL-100 FOR COURT USE ONLY ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): YOUR NAME YOUR ADDRESS CITY, STATE , and ZIP CODE TELEPHONE NO.: PHONE NUMBER FAX NO.(Optional): E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): IN PRO PER KERN (SEE ATTACHED LIST OF MAILING ADDRESS: KERN COURT'S ADDRESSES) SUPERIOR COURT OF CALIFORNIA, COUNTY OF STREET ADDRESS: CITY AND ZIP CODE: BRANCH NAME: MARRIAGE OF PETITIONER: PETITIONER'S NAME RESPONDENT:RESPONDENT'S PETITION FOR X Dissolution of Marriage Legal Separation Nullity of Marriage NAME CASE NUMBER: (CHECK A BOX) LEAVE BLANK AMENDED X Respondent X Petitioner 1. RESIDENCE (Dissolution only) has been a resident of this state for at least six months and of this county for at least three months immediately preceding the filing of this Petition for Dissolution of Marriage. *ONE PARTY MUST MEET RESIDENCY REQUIREMENT TO FILE FOR DIVORCE* 2. STATISTICAL FACTS a. Date of marriage: PUT YOUR DATE OF MARRIAGE c. Time from date of marriage to date of separation (specify) : b. Date of separation: PUT YOUR DATE OF SEPARATION Years: Months: (MUST COMPLETE) 3. DECLARATION REGARDING MINOR CHILDREN (include children of this relationship born prior to or during the marriage or adopted during the marriage): BOX 3a. IF NO CHILD a. There are no minor children. CHECK CHECK BOX 3b. LIST ANY BIOLOGICAL or ADOPTED CHILDREN OF THIS RELATIONSHIP. b. The minor children are: Child's name Birthdate Age Sex CHILD'S NAME DATE OF BIRTH AGE M or F Continued on Attachment 3b. c. If there are minor children of the Petitioner and Respondent, a completed Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (form FL-105) must be attached. d. A completed voluntary declaration of paternity regarding minor children born to the Petitioner and Respondent prior to (CHECK BOX "D" IF THERE IS A CHILD BORN PRIOR TO MARRIAGE AND the marriage is attached. ATTACH COPY OF DECLARATION OF PATERNITY (aka POP)). 4. SEPARATE PROPERTY Petitioner requests that the assets and debts listed in Property Declaration (from FL-160) in Attachment 4 below be confirmed as separate property. (FOR SEPARATE PROPERTY YOU MAY USE FL-160 FORM; ATTACHMENT 4 (any blank form); or CHECK THE "BELOW" BOX & COMPLETE THIS SECTION BELOW). Item Confirm to ***SPECIFY ALL ASSETS AND DEBTS THAT WERE ACQUIRED BY PETITIONER AND RESPONDENT BEFORE THE DATE OF MARRIAGE, AFTER DATE OF SEPARATION or DURING MARRIAGE BY GIFT or INHERITANCE*** NAME or PETITIONER/RESPONDENT WHO GETS THE ITEM (IF NO SEPARATE ASSETS or DEBTS WRITE "NONE") NOTICE: You may redact (black out) social security numbers from any written material filed with the court in this case other than a form used to collect child or spousal support. Page 1 of 2 Form Adopted for Mandatory Use Judicial Council of California FL-100 [Rev. January 1, 2005] PETITION-MARRIAGE (Family Law) Family Code, §§ 2330, 3409; www.courtinfo.ca.gov SAMPLES MARRIAGE OF (last name, first name of parties) : CASE NUMBER: PETITIONER'S NAME RESPONDENT'S NAME LEAVE BLANK 5. DECLARATION REGARDING COMMUNITY AND QUASI-COMMUNITY ASSETS AND DEBTS AS CURRENTLY KNOWN a. There are no such assets or debts subject to disposition by the court in this proceeding. b. All such assets and debts are listed in Property Declaration (form FL-160) in Attachment 5b. ***COMPLETE SECTION 5a OR 5b*** below (specify) : 5a. IF THERE ARE NO COMMUNITY ASSETS or DEBTS. (MUST CHECK 6a, 6b, 6c, or 6d) 5b. IF THERE ARE COMMUNITY ASSETS or DEBTS YOU CAN EITHER ATTACH FL-160 FORM or CHECK 5b and ATTACH A SEPARATE SHEET or check "BELOW" and LIST ITEMS. 6. Petitioner requests X dissolution of the marriage based on a. d. nullity of voidable marriage based on X irreconcilable differences. (Fam. Code, §2310(a).) (1) (1) petitioner's age at time of marriage. (2) incurable insanity. (Fam. Code, §2310(b).) (Fam. Code, §2210(a).) b. legal separation of the parties based on (2) prior existing marriage. (1) irreconcilable differences. (Fam. Code, §2310(a).) (Fam. Code, §2210(b).) (2) incurable insanity. (Fam. Code, §2310(b).) (3) unsound mind. (Fam. Code, §2210(c).) c. nullity of void marriage based on (4) fraud. (Fam. Code, §2210(d).) (1) incestuous marriage. (Fam. Code, §2200.) (5) force. (Fam. Code, §2210(e).) (2) bigamous marriage. (Fam. Code, §2201.) (6) physical incapacity. (Fam. Code, §2210(f).) 7. Petitioner requests that the court grant the above relief and make injunctive (including restraining) and other orders as follows: Petitioner Respondent Joint Other a. Legal custody of children to ................................................................................................................................................. X X b. Physical custody of children to .......................................................................................................................................... (MAY USE BELOW FORMS TO ADDRESS VISITATION REQUESTS) X c. Child visitation be granted to ............................................................................................................................................ CHECK 7d X FL-311 FL-312 FL-341(C) FL-341(D) FL-341(E) Attachment 7c. As requested in form: IF CHILDRENd. Determination of parentage of any children born to the Petitioner and Respondent prior to the marriage. BORN 7f IF e. Attorney fees and costs payable by ............................................................................................................................ BEFORE (CHECK SPOUSAL MARRIAGEf. Spousal support payable to (earnings assignment will be issued).......................................................... X SUPPORT IS REQUESTED). X Terminate the court's jurisdiction (ability) to award spousal support to Respondent. g. X Property rights be determined. (CHECK IF YOU LISTED PROPERTY ON ITEMS 4 and/or 5). h. i. j. X X Petitioner's former name be restored to (specify) : (NAME TO BE RESTORED). Other (specify) : (LIST ANY OTHER REQUEST THAT IS NOT LISTED IN THE ABOVE). Continued on Attachment 7j. 8. Child support-If there are minor children born to or adopted by the Petitioner and Respondent before or during this marriage, the court will make orders for the support of the children upon request and submission of financial forms by the requesting party. An earnings assignment may be issued without further notice. Any party required to pay support must pay interest on overdue amounts at the "legal" rate, which is currently 10 percent. 9. I HAVE READ THE RESTRAINING ORDERS ON THE BACK OF THE SUMMONS, AND I UNDERSTAND THAT THEY APPLY TO ME WHEN THIS PETITION IS FILED. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: DATE PETITIONER SIGNS PETITIONER PRINTS NAME (TYPE OR PRINT NAME) PETITIONER'S SIGNATURE (SIGNATURE OF PETITIONER) Date: (TYPE OR PRINT NAME) (SIGNATURE OF ATTORNEY FOR PETITIONER) NOTICE: Dissolution or legal separation may automatically cancel the rights of a spouse under the other spouse's will, trust, retirement plan, power of attorney, pay on death bank account, survivorship rights to any property owned in joint tenancy, and any other similar thing. It does not automatically cancel the right of a spouse as beneficiary of the other spouse's life insurance policy. You should review these matters, as well as any credit cards, other credit accounts, insurance polices, retirement plans, and credit reports to determine whether they should be changed or whether you should take any other actions. However, some changes may require the agreement of your spouse or a court order (see Family Code sections 231-235). FL-100 [Rev. January 1, 2005] PETITION-MARRIAGE (Family Law) Page 2 of 2 SAMPLES FL-105/GC-120 FOR COURT USE ONLY ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): YOUR NAME YOUR ADDRESS CITY, STATE , and ZIP CODE TELEPHONE NO.: PHONE NUMBER FAX NO.(Optional): E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): IN PRO PER KERN (SEE ATTACHED LIST OF KERN COURT'S ADDRESSES) SUPERIOR COURT OF CALIFORNIA, COUNTY OF STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME: (This section applies only to family law cases.) PETITIONER: PETITIONER'S RESPONDENT: NAME RESPONDENT'S NAME OTHER PARTY: (This section applies only to guardianship cases.) CASE NUMBER: Minor GUARDIANSHIP OF (Name): LEAVE BLANK DECLARATION UNDER UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (UCCJEA) 1. I am a party to this proceeding to determine custody of a child. 2. My present address and the present address of each child residing with me is confidential under Family Code section 3429 as I have indicated in item 3. 3. There are (specify number): 2 minor children who are subject to this proceeding, as follows: (Insert the information requested below. The residence information must be given for the last FIVE years.) a. Child's name Place of birth Date of birth Sex CHILD'S NAME (oldest child if more than 1 child) CITY, STATE DATE OF BIRTH M or F Period of residence DATE to present Address Person child lived with (name and complete current address) ADDRESS, CITY & STATE PERSON CHILD IS LIVING WITH Child's residence (City, State) Person child lived with (name and complete current address) Child's residence (City, State) Person child lived with (name and complete current address) Confidential Confidential Relationship MOM, DAD, or PARENTS ADDRESS, CITY & STATE (MUST GIVE RESIDENCE INFORMATION FOR LAST 5 YEARS or IF CHILDtoIS LESS THAN 5 YEARS OLD, MUST GIVE RESIDENCE FROM BIRTH TO PRESENT). Person child lived with (name and complete current address) Child's residence (City, State) to to b. Child's name Place of birth Date of birth Sex CHILD'S NAME (if more than 1 child) CITY, STATE DATE OF BIRTH X Residence information is the same as given above for child a. (If NOT the same, provide the information below.) (CHECK THIS BOX IFAddress RESIDENCE INFORMATION FOR Person THISchild CHILD IS SAME Period of residence lived with (name and complete current address) AS CHILD "a" AND LEAVE THIS CHILD'S RESIDENCE INFORMATION BLANK). to present Confidential Confidential Child's residence (City, State) Person child lived with (name and complete current address) Child's residence (City, State) Person child lived with (name and complete current address) Child's residence (City, State) Person child lived with (name and complete current address) M or F Relationship to to (CHECK C or D IF NEEDED) to c. Additional residence information for a child listed in item a or b is continued on attachment 3c. d. Additional children are listed on form FL-105(A)/GC-120(A).(Provide all requested information for additional children.) Form Adopted for Mandatory Use Judicial Council of California FL-105/GC-120 [Rev. January 1, 2009] DECLARATION UNDER UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (UCCJEA) SAMPLES Page 1 of 2 Family Code, § 3400 et seq.; Probate Code, §§ 1510(f), 1512 www.courtinfo.ca.gov FL-105/GC-120 SHORT TITLE: CASE NUMBER: PETITIONER'S NAME VS. RESPONDENT'S NAME 4. Do you have information about, or have you participated as a party or as a witness or in some other capacity in, another court case or custody or visitation proceeding, in California or elsewhere, concerning a child subject to this proceeding? X No (If yes, attach a copy of the orders (if you have one) and provide the following information): Yes (IF YES IS CHECKED, COMPLETE BELOW) Court Proceeding Case number a. Family b. Guardianship c. Other Proceeding d. (name, state, location) Court order or judgment (date) Case Number Name of each child Your connection to Case status the case Court (name, state, location) Juvenile Delinquency/ Juvenile Dependency e. 5. Adoption One or more domestic violence restraining/protective orders are now in effect. (Attach a copy of the orders if you have one and provide the following information): Court County a. Criminal b. Family c. Juvenile Delinquency/ State Case number (if known) Orders expire (date) Juvenile Dependency d. Other 6. Do you know of any person who is not a party to this proceeding who has physical custody or claims to have custody of or X No (If yes, provide the following information) : visitation rights with any child in this case? Yes (IF YES IS CHECKED, COMPLETE BELOW) a. Name and address of person b. Name and address of person Has physical custody Claims custody rights Claims visitation rights Name of each child Has physical custody Claims custody rights Claims visitation rights Name of each child c. Name and address of person Has physical custody Claims custody rights Claims visitation rights Name of each child I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: DATE YOU SIGN PRINT YOUR NAME SIGN YOUR NAME (TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT) 7. Number of pages attached: NOTICE TO DECLARANT: You have a continuing duty to inform this court if you obtain any information about a custody proceeding in a California court or any other court concerning a child subject to this proceeding. FL-105/GC-120 [Rev. January 1, 2009] DECLARATION UNDER UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (UCCJEA) SAMPLES Page 2 of 2 *USE THIS FORM AS AN ATTACHMENT IF THERE ARE MORE THAN 2 CHILDREN IN THE CASE* FL-105(A)/GC-120(A) CASE NAME: CASE NUMBER: PETITIONER'S NAME VS. RESPONDENT'S NAME CASE NUMBER ATTACHMENT TO DECLARATION UNDER UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (UCCJEA) c. Child's name CHILD'S NAME X Residence information is the same as given on form Place of birth Date of birth Sex CITY & STATE OF BIRTH DATE OF BIRTH M or F FL-105/GC-120 for child a. (If NOT the same, provide the information below.) Period of residence to present Present address Confidential Person child lived with (name and complete current address) Relationship Confidential Child's residence (City, State) Person child lived with (name and complete current address) Child's residence (City, State) Person child lived with (name and complete current address) Child's residence (City, State) Person child lived with (name and complete current address) to to to Place of birth Child's name Date of birth Sex information is the same as given on form Residence FL-105/GC-120 for child a. (If NOT the same, provide the information below.) Period of residence to present Address Confidential Person child lived with (name and complete current address) Relationship Confidential Child's residence (City, State) Person child lived with (name and complete current address) Child's residence (City, State) Person child lived with (name and complete current address) Child's residence (City, State) Person child lived with (name and complete current address) to to to Place of birth Child's name Date of birth Sex information is the same as given on form Residence FL-105/GC-120 for child a. (If NOT the same, provide the information below.) Period of residence to present Address Confidential Person child lived with (name and complete current address) Relationship Confidential Child's residence (City, State) Person child lived with (name and complete current address) Child's residence (City, State) Person child lived with (name and complete current address) Child's residence (City, State) Person child lived with (name and complete current address) to to to Page Form Adopted for Mandatory Use Judicial Council of California FL-105(A)/GC-120(A) [New January 1, 2009] ATTACHMENT TO DECLARATION UNDER UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (UCCJEA) SAMPLES of Family Code, § 3400 et seq.; Probate Code, §§ 1510(f), 1512 www.courtinfo.ca.gov FL-160 FOR COURT USE ONLY ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): YOUR NAME YOUR ADDRESS CITY, STATE , and ZIP CODE PHONE NUMBER TELEPHONE NO.: YOU WILL NEED TWO ORIGINALS OF THIS FORM. FAX NO.(Optional): E-MAIL ADDRESS (Optional): IN PRO PER ATTORNEY FOR (Name): KERN (SEE ATTACHED LIST OF KERN COURT'S ADDRESSES) SUPERIOR COURT OF CALIFORNIA, COUNTY OF STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME: PETITIONER: RESPONDENT: PETITIONER'S NAME RESPONDENT'S NAME X PETITIONER'S RESPONDENT'S COMMUNITY AND QUASI-COMMUNITY PROPERTY DECLARATION X SEPARATE PROPERTY DECLARATION CASE NUMBER: CASE NUMBER INSTRUCTIONS When this form is attached to the Petition or Response, values and your proposal regarding division need not be completed. Do not list community, including quasi-community, property with separate property on the same form. Quasi-community property must be so identified. For additional space, use Continuation of Property Declaration (form FL-161). GROSS FAIR NET FAIR PROPOSAL FOR DIVISION ITEM MARKET AMOUNT OF MARKET Award to: NO. BRIEF DESCRIPTION VALUE DEBT VALUE PETITIONER RESPONDENT 1. REAL ESTATE $ $ $ $ $ N/A 2. HOUSEHOLD FURNITURE, FURNISHINGS, APPLIANCES N/A 3. JEWELRY, ANTIQUES, ART, COIN COLLECTIONS, etc. N/A 4. VEHICLES, BOATS, TRAILERS N/A Page 1 of 2 Form Adopted for Mandatory Use Judicial Council of California FL-160 [Rev. January 1, 2007] PROPERTY DECLARATION (Family Law) Family Code, §§ 115, 2500-2660 www.courtinfo.ca.gov SAMPLES FL-160 ITEM NO. 5. GROSS FAIR MARKET VALUE BRIEF DESCRIPTION SAVINGS, CHECKING, CREDIT UNION, CASH NET FAIR MARKET VALUE AMOUNT OF DEBT PROPOSAL FOR DIVISION Award to: PETITIONER RESPONDENT $ $ $ $ $ TBD TBD TBD 100% TBD TBD TBD 50% TBD TBD TBD N/A 6. N/A 7. LIFE INSURANCE (CASH VALUE) EQUIPMENT, MACHINERY, LIVESTOCK N/A 8. STOCKS, BONDS, SECURED NOTES N/A 9. RETIREMENT, PENSION, PROFIT-SHARING, ANNUITIES 12345 RETIREMENT PLAN 10. ACCOUNTS RECEIVABLE, UNSECURED NOTES, TAX REFUNDS N/A 11. PARTNERSHIPS, OTHER BUSINESS INTERESTS N/A 12. OTHER ASSETS AND DEBTS FEES SHALL BE SPLIT 50% 13. TOTAL FROM CONTINUATION SHEET 14. TOTALS 15. TBD TBD A Continuation of Property Declaration (form FL-161) is attached and incorporated by reference. I declare under penalty of perjury under the laws of the State of California that, to the best of my knowledge, the foregoing is a true and correct listing of assets and obligations and the amounts shown are correct. Date: CURRENT DATE PRINT YOUR NAME SIGN YOUR NAME (TYPE OR PRINT NAME) FL-160 [Rev. January 1, 2007] (SIGNATURE) PROPERTY DECLARATION Page 2 of 2 (Family Law) SAMPLES FL-160 FOR COURT USE ONLY ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): YOUR NAME YOUR ADDRESS CITY, STATE , and ZIP CODE PHONE NUMBER TELEPHONE NO.: YOU WILL NEED TWO ORIGINALS OF THIS FORM. FAX NO.(Optional): E-MAIL ADDRESS (Optional): IN PRO PER ATTORNEY FOR (Name): KERN (SEE ATTACHED LIST OF KERN COURT'S ADDRESSES) SUPERIOR COURT OF CALIFORNIA, COUNTY OF STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME: PETITIONER: RESPONDENT: PETITIONER'S NAME RESPONDENT'S NAME X PETITIONER'S RESPONDENT'S X COMMUNITY AND QUASI-COMMUNITY PROPERTY DECLARATION SEPARATE PROPERTY DECLARATION CASE NUMBER: CASE NUMBER INSTRUCTIONS When this form is attached to the Petition or Response, values and your proposal regarding division need not be completed. Do not list community, including quasi-community, property with separate property on the same form. Quasi-community property must be so identified. For additional space, use Continuation of Property Declaration (form FL-161). GROSS FAIR NET FAIR PROPOSAL FOR DIVISION ITEM MARKET AMOUNT OF MARKET Award to: NO. BRIEF DESCRIPTION VALUE DEBT VALUE PETITIONER RESPONDENT 1. REAL ESTATE 123 ANY ST., BAKERSFIELD, CA 93333 $ $ $ TBD TBD TBD $ $ 100% TBD TBD TBD 100% TBD TBD TBD TBD TBD TBD TBD TBD TBD 2. HOUSEHOLD FURNITURE, FURNISHINGS, APPLIANCES ALL HOUSEHOLD APPLIANCES ALL TOOLS 100% 3. JEWELRY, ANTIQUES, ART, COIN COLLECTIONS, etc. N/A 4. VEHICLES, BOATS, TRAILERS 2000 FORD VAN 2006 FORD F-250 PICK UP 100% 100% Page 1 of 2 Form Adopted for Mandatory Use Judicial Council of California FL-160 [Rev. January 1, 2007] PROPERTY DECLARATION (Family Law) Family Code, §§ 115, 2500-2660 www.courtinfo.ca.gov SAMPLES FL-160 ITEM NO. 5. GROSS FAIR MARKET VALUE BRIEF DESCRIPTION SAVINGS, CHECKING, CREDIT UNION, CASH NET FAIR MARKET VALUE AMOUNT OF DEBT PROPOSAL FOR DIVISION Award to: PETITIONER RESPONDENT $ $ $ $ $ TBD TBD TBD 100% TBD TBD TBD 50% TBD TBD TBD N/A 6. N/A 7. LIFE INSURANCE (CASH VALUE) EQUIPMENT, MACHINERY, LIVESTOCK N/A 8. STOCKS, BONDS, SECURED NOTES N/A 9. RETIREMENT, PENSION, PROFIT-SHARING, ANNUITIES 12345 RETIREMENT PLAN 10. ACCOUNTS RECEIVABLE, UNSECURED NOTES, TAX REFUNDS N/A 11. PARTNERSHIPS, OTHER BUSINESS INTERESTS N/A 12. OTHER ASSETS AND DEBTS FEES SHALL BE SPLIT 50% 13. TOTAL FROM CONTINUATION SHEET 14. TOTALS 15. TBD TBD A Continuation of Property Declaration (form FL-161) is attached and incorporated by reference. I declare under penalty of perjury under the laws of the State of California that, to the best of my knowledge, the foregoing is a true and correct listing of assets and obligations and the amounts shown are correct. Date: CURRENT DATE PRINT YOUR NAME SIGN YOUR NAME (TYPE OR PRINT NAME) FL-160 [Rev. January 1, 2007] (SIGNATURE) PROPERTY DECLARATION Page 2 of 2 (Family Law) SAMPLES FL-115 FOR COURT USE ONLY ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): YOUR NAME YOUR ADDRESS CITY, STATE , and ZIP CODE TELEPHONE NO.: PHONE NUMBER * MUST FILE ORIGINAL WITH THE COURT + 1 COPY. FAX NO. (Optional): E–MAIL ADDRESS (Optional): ATTORNEY FOR (Name): *KEEP A FILED ENDORSED COPY FOR YOUR RECORD. IN PRO PER SUPERIOR COURT OF CALIFORNIA, COUNTY OF KERN STREET ADDRESS: MAILING ADDRESS: (SEE ATTACHED LIST OF KERN COURT'S ADDRESSES) CITY AND ZIP CODE: BRANCH NAME: PETITIONER: RESPONDENT: PETITIONER'S NAME RESPONDENT'S NAME CASE NUMBER: PROOF OF SERVICE OF SUMMONS CASE NUMBER 1. At the time of service I was at least 18 years of age and not a party to this action. I served the respondent with copies of: X Family Law—Marriage: Petition—Marriage (form FL-100), Summons (form FL-110), and blank Response—Marriage a. (form FL-120) -orb. Family Law—Domestic Partnership: Petition—Domestic Partnership (form FL-103), Summons (form FL-110), and blank Response—Domestic Partnership (form FL-123) -orc. Uniform Parentage: Petition to Establish Parental Relationship (form FL-200), Summons (form FL-210), and blank Response to Petition to Establish Parental Relationship (form FL-220) -ord. Custody and Support: Petition for Custody and Support of Minor Children (form FL-260), Summons (form FL-210), and blank Response to Petition for Custody and Support of Minor Children (form FL-270) and (5) Completed and blank Financial Statement e. X (1) X Completed and blank Declaration Under (Simplified) (form FL-155) Uniform Child Custody Jurisdiction and (CHECK ALL (6) Completed and blank Property Enforcement Act (form FL-105) THE BOXES (2) Completed and blank Declaration of Declaration (form FL-160) OF ITEMS Disclosure (form FL-140) (7) Request for Order (form FL-300), and blank YOU ARE (3) Completed and blank Schedule of Assets Responsive Declaration to Request for Order SERVING WITH THE and Debts (form FL-142) (form FL-320) SUMMONS & (4) Completed and blank Income and (8) X Other (specify): PETITION) Expense Declaration (form FL-150) (LIST ALL OTHER FORMS YOU'VE ATTACHED TO PETITION FILED). 2. Address where respondent was served: ADDRESS WHERE THE PAPERS WERE HANDED TO THE RESPONDENT. 3. I served the respondent by the following means (check proper box): a. X Personal service. I personally delivered the copies to the respondent (Code Civ. Proc., § 415.10) on (date): (Date RESPONDENT is Personally Served) at (time): (TIME RESPONDENT IS SERVED) b. Substituted service. I left the copies with or in the presence of (name): who is (specify title or relationship to respondent): (1) (Business) a person at least 18 years of age who was apparently in charge at the office or usual place of business of the respondent. I informed him or her of the general nature of the papers. (2) (Home) a competent member of the household (at least 18 years of age) at the home of the respondent. I informed him or her of the general nature of the papers. Page 1 of 2 Form Approved for Optional Use Judicial Council of California FL-115 [Rev. July 1, 2012] PROOF OF SERVICE OF SUMMONS (Family Law-Uniform Parentage-Custody and Support) SAMPLES Code of Civil Procedure, § 417.10 www.courts.ca.gov PETITIONER'S NAME PETITIONER: CASE NUMBER: CASE NUMBER RESPONDENT: RESPONDENT'S NAME 3. b. (cont.) on (date): at (time): I thereafter mailed additional copies (by first class, postage prepaid) to the respondent at the place where the copies were left (Code Civ. Proc., § 415.20b) on (date): A declaration of diligence is attached, stating the actions taken to first attempt personal service. c. Mail and acknowledgment service. I mailed the copies to the respondent, addressed as shown in item 2, by first-class mail, postage prepaid, on (date): from (city): (1) with two copies of the Notice and Acknowledgment of Receipt (form FL-117) and a postage-paid return envelope addressed to me. (Attach completed Notice and Acknowledgment of Receipt (form FL-117).) (Code Civ. Proc., § 415.30.) (2) to an address outside California (by registered or certified mail with return receipt requested). (Attach signed return receipt or other evidence of actual delivery to the respondent.) (Code Civ. Proc., § 415.40.) d. Other (specify code section): Continued on Attachment 3d. 4. The "NOTICE TO THE PERSON SERVED" on the Summons was completed as follows (Code Civ. Proc., §§ 412.30, 415.10, 474): a. or X As an individual b. On behalf of respondent who is a (1) minor. (Code Civ. Proc., § 416.60.) (2) ward or conservatee. (Code Civ. Proc., § 416.70.) (3) other (specify): 5. Person who served papers Name: NAME OF PERSON WHO Address: ADDRESS OF PERSON SERVED THE PAPERS (THE "SERVER") WHO SERVED THE PAPERS (SERVER'S ADDRESS) Telephone number: PHONE NUMBER OF PERSON WHO SERVED THE PAPERS (SERVER'S PHONE NUMBER) This person is a. exempt from registration under Business and Professions Code section 22350(b). b. X not a registered California process server. c. a registered California process server: an employee or an independent contractor (1) Registration no.: (2) County: d. The fee for service was (specify): $ FEE AMOUNT CHARGED FOR SERVICE, IF ANY 6. X I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. -or- 7. I am a California sheriff, marshal, or constable, and I certify that the foregoing is true and correct. Date: DATE SERVER SIGNS PRINT SERVER'S NAME SERVER SIGNS NAME (NAME OF PERSON WHO SERVED PAPERS) FL-115 [Rev. July 1, 2012] (SIGNATURE OF PERSON WHO SERVED PAPERS) PROOF OF SERVICE OF SUMMONS Page 2 of 2 (Family Law-Uniform Parentage-Custody and Support) SAMPLES FL-120 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): TELEPHONE NO.: FOR COURT USE ONLY (LEAVE BLANK and ATTACH TO THE RESPONDENT'S COPY OF PAPERS TO BE SERVED ALONG WITH A BLANK UCCJEA IF THERE ARE MINOR CHILDREN) FAX NO.(Optional): E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): IN PRO PER SUPERIOR COURT OF CALIFORNIA, COUNTY OF KERN STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME: MARRIAGE OF PETITIONER: PETITIONER'S NAME RESPONDENT:RESPONDENT'S NAME RESPONSE and REQUEST FOR Dissolution of Marriage Legal Separation Nullity of Marriage CASE NUMBER: CASE NUMBER AMENDED 1. RESIDENCE (Dissolution only) Petitioner Respondent has been a resident of this state for at least six months and of this county for at least three months immediately preceding the filing of the Petition for Dissolution of Marriage. 2. STATISTICAL FACTS a. Date of marriage: b. Date of separation: c. Time from date of marriage to date of separation (specify): Years: Months: 3. DECLARATION REGARDING MINOR CHILDREN (include children of this relationship born prior to or during the marriage or adopted during the marriage) : a. There are no minor children. b. The minor children are: Child's name Birthdate Age Sex Continued on Attachment 3b. c. If there are minor children of the Petitioner and Respondent, a completed Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (form FL-105) must be attached. d. A completed voluntary declaration of paternity regarding minor children born to the Petitioner and Respondent prior to the marriage is attached. 4. SEPARATE PROPERTY Respondent requests that the assets and debts listed below be confirmed as separate property. Item in Property Declaration (form FL-160) in Attachment 4 Confirm to NOTICE: You may redact (black out) social security numbers from any written material filed with the court in this case other than a form used to collect child or spousal support. Page 1 of 2 Form Adopted for Mandatory Use Judicial Council of California FL-120 [Rev. January 1, 2005] RESPONSE - MARRIAGE (Family Law) Family Code, § 2020 www.courtinfo.ca.gov. SAMPLES MARRIAGE OF (last name, first name of parties) : CASE NUMBER: CASE NUMBER 5. DECLARATION REGARDING COMMUNITY AND QUASI-COMMUNITY ASSETS AND DEBTS AS CURRENTLY KNOWN a. There are no such assets or debts subject to disposition by the court in this proceeding. b. All such assets and debts are listed in Property Declaration (form FL-160) in Attachment 5b. below (specify): 6. Respondent contends that the parties were never legally married. 7. Respondent denies the grounds set forth in item 6 of the petition. 8. Respondent requests a. dissolution of the marriage based on d. (1) irreconcilable differences. (Fam. Code, § 2310(a).) (2) incurable insanity. (Fam. Code, § 2310(b).) b. legal separation of the parties based on (1) irreconcilable differences. (Fam. Code, § 2310(a).) (2) incurable insanity. (Fam. Code, § 2310(b).) c. nullity of void marriage based on (1) incestuous marriage. (Fam. Code, § 2200.) (2) bigamous marriage. (Fam. Code, § 2201.) nullity of voidable marriage based on (1) respondent's age at time of marriage. (Fam. Code, § 2210(a).) (2) prior existing marriage. (Fam. Code, § 2210(b).) (3) unsound mind. (Fam. Code, § 2210(c).) (4) fraud. (Fam. Code, § 2210(d).) (5) force. (Fam. Code, § 2210(e).) (6) physical incapacity. (Fam. Code, § 2210(f).) 9. Respondent requests that the court grant the above relief and make injunctive (including restraining) and other orders as follows: Petitioner Respondent Joint Other a. Legal custody of children to .............................................................................................................................................. b. Physical custody of children to ........................................................................................................................................ c. Child visitation be granted to .......................................................................................................................................... As requested in form: FL-311 FL-312 FL-341(C) FL-341(D) FL-341(E) Attachment 9c. d. Determination of parentage of any children born to the Petitioner and Respondent prior to the marriage. e. Attorney fees and costs payable by ............................................................................................................................ f. Spousal support payable to (wage assignment will be issued) .............................................................. g. Terminate the court's jurisdiction (ability) to award spousal support to Petitioner. h. Property rights be determined. i. Respondent's former name be restored to (specify) : j. Other (specify): Continued on Attachment 9j. 10. Child support- If there are minor children born to or adopted by the Petitioner and Respondent before or during this marriage, the court will make orders for the support of the children upon request and submission of financial forms by the requesting party. An earnings assignment may be issued without further notice. Any party required to pay support must pay interest on overdue amounts at the "legal" rate, which is currently 10 percent. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: (TYPE OR PRINT NAME) (SIGNATURE OF RESPONDENT) Date: (TYPE OR PRINT NAME) (SIGNATURE OF ATTORNEY FOR RESPONDENT) The original response must be filed in the court with proof of service of a copy on Petitioner. FL-120 [Rev. January 1, 2005] RESPONSE - MARRIAGE (Family Law) Page 2 of 2 SAMPLES FL-105/GC-120 FOR COURT USE ONLY ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): TELEPHONE NO.: LEAVE BLANK SERVE BLANK FORM ON RESPONDENT IF THERE ARE MINOR CHILDREN FAX NO.(Optional): E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): IN PRO PER KERN (SEE ATTACHED LIST OF KERN COURT'S ADDRESSES) SUPERIOR COURT OF CALIFORNIA, COUNTY OF STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME: (This section applies only to family law cases.) PETITIONER: PETITIONER'S RESPONDENT: NAME RESPONDENT'S NAME OTHER PARTY: (This section applies only to guardianship cases.) CASE NUMBER: Minor GUARDIANSHIP OF (Name): CASE NUMBER DECLARATION UNDER UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (UCCJEA) 1. I am a party to this proceeding to determine custody of a child. 2. My present address and the present address of each child residing with me is confidential under Family Code section 3429 as I have indicated in item 3. 3. There are (specify number): minor children who are subject to this proceeding, as follows: (Insert the information requested below. The residence information must be given for the last FIVE years.) a. Child's name Period of residence to present Place of birth Address Date of birth Sex Person child lived with (name and complete current address) Confidential Relationship Confidential Child's residence (City, State) Person child lived with (name and complete current address) Child's residence (City, State) Person child lived with (name and complete current address) Child's residence (City, State) Person child lived with (name and complete current address) to to to b. Child's name Place of birth Date of birth Sex information is the same as given above for child a. (IfResidence NOT the same, provide the information below.) Period of residence to present Address Person child lived with (name and complete current address) Confidential Confidential Child's residence (City, State) Person child lived with (name and complete current address) Child's residence (City, State) Person child lived with (name and complete current address) Child's residence (City, State) Person child lived with (name and complete current address) Relationship to to to c. Additional residence information for a child listed in item a or b is continued on attachment 3c. d. Additional children are listed on form FL-105(A)/GC-120(A).(Provide all requested information for additional children.) Form Adopted for Mandatory Use Judicial Council of California FL-105/GC-120 [Rev. January 1, 2009] DECLARATION UNDER UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (UCCJEA) SAMPLES Page 1 of 2 Family Code, § 3400 et seq.; Probate Code, §§ 1510(f), 1512 www.courtinfo.ca.gov FL-105/GC-120 SHORT TITLE: CASE NUMBER: 4. Do you have information about, or have you participated as a party or as a witness or in some other capacity in, another court case or custody or visitation proceeding, in California or elsewhere, concerning a child subject to this proceeding? Yes No (If yes, attach a copy of the orders (if you have one) and provide the following information): Proceeding Case number a. Family b. Guardianship c. Other Proceeding d. Court (name, state, location) Court order or judgment (date) Case Number Name of each child Your connection to Case status the case Court (name, state, location) Juvenile Delinquency/ Juvenile Dependency e. 5. Adoption One or more domestic violence restraining/protective orders are now in effect. (Attach a copy of the orders if you have one and provide the following information): Court County a. Criminal b. Family c. Juvenile Delinquency/ State Case number (if known) Orders expire (date) Juvenile Dependency d. Other 6. Do you know of any person who is not a party to this proceeding who has physical custody or claims to have custody of or visitation rights with any child in this case? Yes No (If yes, provide the following information) : a. Name and address of person b. Name and address of person Has physical custody Claims custody rights Claims visitation rights Name of each child Has physical custody Claims custody rights Claims visitation rights Name of each child c. Name and address of person Has physical custody Claims custody rights Claims visitation rights Name of each child I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: (TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT) 7. Number of pages attached: NOTICE TO DECLARANT: You have a continuing duty to inform this court if you obtain any information about a custody proceeding in a California court or any other court concerning a child subject to this proceeding. FL-105/GC-120 [Rev. January 1, 2009] DECLARATION UNDER UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (UCCJEA) SAMPLES Page 2 of 2 FL-160 FOR COURT USE ONLY ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): TELEPHONE NO.: LEAVE BLANK and SERVE BLANK FORM ON RESPONDENT IF PETITIONER COMPLETED FL-160 FORM(S) FAX NO.(Optional): E-MAIL ADDRESS (Optional): IN PRO PER ATTORNEY FOR (Name): KERN (SEE ATTACHED LIST OF KERN COURT'S ADDRESSES) SUPERIOR COURT OF CALIFORNIA, COUNTY OF STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME: PETITIONER: RESPONDENT: PETITIONER'S NAME RESPONDENT'S NAME PETITIONER'S RESPONDENT'S COMMUNITY AND QUASI-COMMUNITY PROPERTY DECLARATION SEPARATE PROPERTY DECLARATION CASE NUMBER: CASE NUMBER INSTRUCTIONS When this form is attached to the Petition or Response, values and your proposal regarding division need not be completed. Do not list community, including quasi-community, property with separate property on the same form. Quasi-community property must be so identified. For additional space, use Continuation of Property Declaration (form FL-161). GROSS FAIR NET FAIR PROPOSAL FOR DIVISION ITEM MARKET AMOUNT OF MARKET Award to: NO. BRIEF DESCRIPTION VALUE DEBT VALUE PETITIONER RESPONDENT 1. REAL ESTATE $ $ $ $ $ 2. HOUSEHOLD FURNITURE, FURNISHINGS, APPLIANCES 3. JEWELRY, ANTIQUES, ART, COIN COLLECTIONS, etc. 4. VEHICLES, BOATS, TRAILERS Page 1 of 2 Form Adopted for Mandatory Use Judicial Council of California FL-160 [Rev. January 1, 2007] PROPERTY DECLARATION (Family Law) Family Code, §§ 115, 2500-2660 www.courtinfo.ca.gov SAMPLES FL-160 ITEM NO. GROSS FAIR MARKET VALUE BRIEF DESCRIPTION 5. SAVINGS, CHECKING, CREDIT UNION, CASH 6. LIFE INSURANCE (CASH VALUE) 7. EQUIPMENT, MACHINERY, LIVESTOCK 8. STOCKS, BONDS, SECURED NOTES 9. RETIREMENT, PENSION, PROFIT-SHARING, ANNUITIES $ NET FAIR MARKET VALUE AMOUNT OF DEBT $ $ PROPOSAL FOR DIVISION Award to: PETITIONER RESPONDENT $ $ 10. ACCOUNTS RECEIVABLE, UNSECURED NOTES, TAX REFUNDS 11. PARTNERSHIPS, OTHER BUSINESS INTERESTS 12. OTHER ASSETS AND DEBTS 13. TOTAL FROM CONTINUATION SHEET 14. TOTALS 15. A Continuation of Property Declaration (form FL-161) is attached and incorporated by reference. I declare under penalty of perjury under the laws of the State of California that, to the best of my knowledge, the foregoing is a true and correct listing of assets and obligations and the amounts shown are correct. Date: (TYPE OR PRINT NAME) FL-160 [Rev. January 1, 2007] (SIGNATURE) PROPERTY DECLARATION Page 2 of 2 (Family Law) SAMPLES FL-335 FOR COURT USE ONLY ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): LEAVE BLANK and SERVE BLANK FORM ON RESPONDENT TELEPHONE NO.: FAX NO. (Optional): E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): IN PRO PER KERN (SEE ATTACHED LIST OF MAILING ADDRESS: KERN COURT'S ADDRESSES) SUPERIOR COURT OF CALIFORNIA, COUNTY OF STREET ADDRESS: CITY AND ZIP CODE: BRANCH NAME: PETITIONER/PLAINTIFF: PETITIONER'S NAME CASE NUMBER: CASE NUMBER RESPONDENT/DEFENDANT: RESPONDENT'S NAME OTHER PARENT/PARTY: (If applicable, provide): HEARING DATE: PROOF OF SERVICE BY MAIL HEARING TIME: DEPT.: NOTICE: To serve temporary restraining orders you must use personal service (see form FL-330). 1. I am at least 18 years of age, not a party to this action, and I am a resident of or employed in the county where the mailing took place. 2. My residence or business address is: 3. I served a copy of the following documents (specify) : by enclosing them in an envelope AND a. depositing the sealed envelope with the United States Postal Service with the postage fully prepaid. b. placing the envelope for collection and mailing on the date and at the place shown in item 4 following our ordinary business practices. I am readily familiar with this business’s practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service in a sealed envelope with postage fully prepaid. 4. The envelope was addressed and mailed as follows: a. Name of person served: b. Address: c. Date mailed: d. Place of mailing (city and state): 5. I served a request to modify a child custody, visitation, or child support judgment or permanent order which included an address verification declaration. (Declaration Regarding Address Verification—Postjudgment Request to Modify a Child Custody, Visitation, or Child Support Order (form FL-334) may be used for this purpose.) 6. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: (TYPE OR PRINT NAME) (SIGNATURE OF PERSON COMPLETING THIS FORM) Page 1 of 1 Form Approved for Optional Use Judicial Council of California FL-335 [Rev. January 1, 2012] PROOF OF SERVICE BY MAIL Code of Civil Procedure, §§ 1013, 1013a www.courts.ca.gov SAMPLES