HOW TO START A DISSOLUTION, LEGAL SEPARATION OR NULLITY · PDF fileHOW TO START A DISSOLUTION, LEGAL SEPARATION OR NULLITY ... the parties remain married or registered ... are minor

Superior Court of California, County of Sacramento Family Law Facilitator’s Office

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HOW TO START A DISSOLUTION, LEGAL SEPARATION OR NULLITY CASE

Purpose of the Packet

This packet will help you open a court case to end your marriage or domestic partnership through a divorce (dissolution), or annulment (nullity), or for you to become legally separated. This packet is step one of a multi-step process to guide you to the final judgment in your case. Another step of the process requires you to complete financial disclosures. You may also want to download the How to Complete the Declarations of Disclosure packet at this time. All of the steps are described in the Divorce Roadmap, with links to the forms and instructions available for each step. There are several ways to obtain a judgment depending on what happens after you file and serve the first papers. There are self-help packets available to assist you in completing your case. This is a very complex area of law, and you may want to seek help from a private attorney (a referral list is available at the Self Help Center) or contact the Family Law Facilitator for guidance before choosing which method to use to complete your case.

The Purpose of the Case

There are three types of marital actions: Dissolution of Marriage/Domestic Partnership, Legal Separation and Nullity.

1. Dissolution of Marriage/Domestic Partnership

A Dissolution of Marriage or Domestic Partnership (divorce) ends the marriage or domestic partnership and resolves related issues, including child custody, visitation, child support, spousal or partner support, asset and debt division, former name restoration and even restraining orders.

2. Legal SeparationA Legal Separation case is like a Dissolution of Marriage in terms of the range of issues that are resolved in the case, but is different in that the parties remain married or registered domestic partners.

3. Nullity

A Nullity case is more commonly known as an annulment. Once the Court grants a nullity, the marriage or domestic partnership ends and it is as if the parties were never married or domestic partners. A nullity will only be granted on one of the following grounds:

a. Incest: This means the parties are close blood relatives, such as siblings.

https://www.saccourt.ca.gov/family/divorce-roadmap.aspx


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b. Bigamy: This means one party was married to another person at the time of marriage or in another domestic partnership at the time the domestic partnership was registered.

c. Underage: This means a party was below age 18 at the time of marriage or registration and did not obtain parental consent and a court order permitting the marriage or domestic partnership.

d. Prior Existing Marriage or Domestic Partnership: This means a party married or registered on the mistaken belief that his or her previous marriage or domestic partnership had ended in the death of the other spouse or partner, who in fact was still living.

e. Unsound Mind: This means a party could not and has not formed the intent to enter into a marriage or domestic partnership due to a mental condition., These grounds may not be used if the party of unsound mind, after coming to reason, freely cohabitated with the other party as a spouse or domestic partner.

f. Fraud: This means deception regarding a significant matter that led to the marriage or domestic partnership and continued until the breakup (you were tricked into marrying or registering).

g. Force: This means threats or acts of harm were used to force one or both parties into the marriage or domestic partnership.

h. Physical Incapacity: This means a party was and continues to be physically unable to consummate the marriage.

No matter which of these three case types you want to start, the same forms are used.

GETTING STARTED

Before completing the forms, there are 2 issues to be considered:

1. Starting Your Case in the Proper Place

You need to be sure that you start your case in the correct county and state. A dissolution action may be started in this county if one or both spouses have resided in this county for at least the last 3 months and in the state of California for at least the last 6 months. Cases involving legal separation or nullity have less strict residency requirements. For legal separation or nullity cases, one or both spouses need only be a resident of this county at the time this case is started. If you want a divorce, but neither spouse meets the residency requirements yet, you can start a Legal Separation and amend your Petition to request a Dissolution of Marriage once you meet the residency requirements and before the judgment has been entered.

California only has jurisdiction over domestic partnerships that were registered in the State of California or where at least one of the partners has been a California resident for at least six months and a resident of the county where the case is to be filed for the past three months. A dissolution


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action should be filed in the county where one or both partners reside. If neither partner resides in California, you may file in the California county in which the parties were married or where the domestic partnership was registered.

In addition to the residency requirements, there are some rules to consider if your spouse or partner resides outside California. Specifically, a spouse or partner who lives in another state or country can object to jurisdiction in California. In that event, this court may be prevented from making important orders in your case. You may want to seek legal advice about how to proceed if your spouse or partner lives outside California. If there is property located outside California, children of the parties that reside outside of California and/or any other complex issues, seek help from a private attorney.

2. Avoiding Multiple Case Filings

If either you or your spouse or partner has previously filed a case for this relationship, you may want to consult an attorney or contact the Family Law Facilitator to see if it is appropriate for you to proceed with a new case.

COMPLETING THE INITIAL FORMS

To get started, you will need the following forms:

Summons, form FL-110 Petition, form FL-100 Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (if there are minor children), form FL-105 Family Law Case Participant Enrollment Form, local form FL/E-LP-660 Proof of Service of Summons, form FL-115

You will find the name of these and other documents at the bottom center of the document and the form number in the upper right hand corner of the document.

Parties To The Case

PETITIONER: You are filing the first document in the case, which is called the “Petition.” Therefore, you will be called the Petitioner. You will remain the Petitioner for the life of the case.

RESPONDENT: If your spouse or partner wishes to respond to your Petition they will need to file a “Response”. Therefore, they will be called the Respondent (even if they choose not to respond). They will remain the Respondent for the life of the case.

Completing the Summons, form FL-110

At the top of the page, print the full name (first, middle, and last name) of your spouse or partner next to the words “Notice to Respondent.”


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Below that, print your full name next to the words “Petitioner’s Name Is.”

Item 1. The name and address of the court may already appear here. If not, print the following information:

Superior Court of California, County of Sacramento 3341 Power Inn Road Sacramento, CA 95826

Item 2. Print your full name, mailing address, telephone number, fax number and email address. This address will be used by the Court and all other parties to the case to send legal notices and copies of documents filed with the Court. If you would like to change the address where forms and notices are sent, you must file a Notice of Change of Address or Other Contact Information, form MC-040.

Do not date the form. The court will do so when you file your papers.

Take a moment to read the information in the boxes on the front and back of the Summons. These Restraining Orders are very important and apply to both parties. They apply to you when the forms are filed and they apply to your spouse or partner once they have been properly served.

Completing the Petition, form FL-100

In the top left box of the document print your full name, mailing address and telephone number. In the space next to "ATTORNEY FOR" print “Self.” This lets the other party and the Court know that you are acting as your own attorney in this case.

In the second box down, the court’s name and address may already appear. If not, print the following information:

County of Sacramento 3341 Power Inn Road Sacramento, CA 95826

Family Relations Courthouse

In the third box down next to the word “Petitioner” print your full name and next to the word “Respondent” print your spouse or partner’s full name. Throughout this case, you will be called the Petitioner and your spouse or partner will be called the Respondent.

In the fourth box down, you will see the words “Petition For.” Check the box for the type of judgment you are seeking.

If you want a divorce but neither of you has met the 6-months-in-California and 3-months-in-the-county residency requirement, then you may request a Legal Separation and later amend your Petition to request a Dissolution of Marriage once you have satisfied the residency requirement.

Item 1: Legal Relationship. Read each statement and check all the boxes that apply to your situation.


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Item 2: Residence Requirements. Read each statement and check all the boxes that apply to your situation.

Item 3: Statistical Facts. If you are married, you must complete section a, parts 1-3. If you are registered domestic partners, you must complete section b, parts 1-3. If you are trying to dissolve both a marriage and a domestic partnership with the same person, complete both sections.

Items 3a(2) and 3b(2) ask for the date of your separation, which is the date either party decided the marriage or partnership was over and acted accordingly. Consider this date carefully, as it can affect property division and spousal or partner support.

Items 3a(3) and 3b(3). Print the time period – expressed in years and months -- between the date of marriage or registration and the date of separation that you provided in items (1) and (2). This is considered the length or “duration” of your marriage or partnership.

Item 4: Minor Children.

Check box 4a if there are no minor children born to or adopted by you and your spouse or partner during your marriage or partnership.

Check box 4b if there are minor children of the marriage or partnership, including biological and adopted children, but not including stepchildren. Print the children’s names, birth dates, ages and sex in the appropriate space. If there is an unborn child, check the box at 4b(2).

Item 4e, check the box if there is a minor child born before the date of the marriage or partnership and if both parents signed a Voluntary Declaration of Paternity form regarding that child. Also check the box to indicate whether the Voluntary Declaration of Paternity form is attached. A copy can be obtained from the Department of Child Support Services. The Voluntary Declaration of Paternity form is important because it establishes parentage, which is necessary before other orders can be made regarding a child born prior to the parents’ marriage or partnership.

In the bar at the top of page two, print the party names and case number where indicated.

Item 5: Legal Grounds. In this section, you will indicate again whether you are seeking a dissolution, legal separation or a nullity. Check box 5a, 5b, or 5c for the option that applies to you. You also need to check the appropriate box to indicate the grounds for your request in this section.

For Dissolution or Legal Separation in California, there are only 2 legal grounds. The first is “irreconcilable differences,” meaning the marriage or partnership cannot be saved. The other reason is “incurable insanity” which, unlike irreconcilable differences, must be proven. Only check the box for “incurable insanity” if you will be able to prove it in court.

If you are seeking a nullity, check the box in section 5c that identifies the grounds for your nullity.You will need to prove in a court hearing that your factual situation satisfies one of these grounds. The grounds are limited to the items listed. In addition, an action for nullity must be brought within 4 years after the basis for the nullity arose. If it has been more than 4 years since the grounds for nullity were discovered, you cannot file for nullity and will have to select either dissolution or legal separation.


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If you qualify for a nullity based on one of these grounds and meet the time requirement, check the appropriate box. If you checked the box for nullity on the front page, but now realize that you do not qualify for nullity, be sure to change the box on the front page.

Section 6: Child Custody and Visitation (Parenting Time): If you do not have minor children with your spouse or partner, skip this section. If you have minor children with your spouse or partner, you must indicate what type of custody/parenting time you are seeking. Before you propose a custody arrangement, you may want to seek legal advice about the effects of the plan on the ability of the parents to relocate with the child, your tax filing status, exemptions and other important matters.

Item 6a, Legal custody. Legal custody determines which parent will make decisions concerning the child’s health, safety, education and welfare. Joint legal custody means both parents should cooperate in decision-making, but that either parent has the power to make decisions alone, unless there is an agreement or order that some decisions must be made with consent of both parents. Sole legal custody means only one parent can make decisions. Check the appropriate box at 6(a) for your choice of legal custody to one parent or joint legal custody to both parents.

Item 6b, Physical custody. Physical custody determines where the child will reside. Sole physical custody means the child lives with one parent and may or may not visit the other parent. Joint physical custody means the child resides with both parents. Joint physical custody does not necessarily mean that the parents have equal time with the child, but it may. Be aware that the equal timeshare option may complicate your tax filing status and exemptions, so you should seek advice about how to handle your tax returns if you share equal physical custody with the other parent.

Item 6c, Child Visitation. Here you may propose a visitation or parenting plan describing when the child will be with either parent. The visitation plan is an extremely important part of this form and its completion should be handled with care.

If you wish to provide the Court additional information about your request, you may do so using form FL-311 (used to detail your proposed visitation schedule), FL-312 (used to prevent a possible child abduction), FL-341(C) (used to detail your proposed holiday visitation schedule), FL-341(D) (used to request parental communication on issues related to the child(ren)), FL-341(E) (used if you have requested joint legal custody) or a separate sheet of paper which you will label “Attachment 6c(1).” If you complete one of more of these forms, check the box after the words “As requested in” for the form that you used and attach that form to your Petition.

Item 7: Child Support. This item informs you about Child Support. In most cases, the court will make orders for support of the children and issue a wage assignment. If you want the court to do something different, check the box at 7d and print your request in the space provided.

Item 8: Spousal or partner support. This section deals with spousal or partner support, which means financial assistance for a spouse or partner – not children. There are many factors that affect whether spousal or partner support can be ordered, and for how long. Some factors include the length of the marriage or partnership, whether the supported spouse or partner has marketable skills and whether there have been periods of unemployment to raise the children of the marriage or partnership.

http://www.courts.ca.gov/documents/fl311.pdf


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Spousal or partner support may be payable now or reserved for later. If you would like to pay or receive spousal or partner support now, then check the box at 8a and also check the appropriate box for Petitioner or Respondent to indicate which party should receive the support. If you do not want spousal or partner support now or later, then check the box at 8b and indicate which party will never receive or request support by checking the appropriate box for Petitioner or Respondent. If instead you want to reserve the option of spousal or partner support for later, then check the box at 8c and indicate the party who should have the right to request support at a later date, if needed, by checking the box for Petitioner or Respondent. You may request different support orders for each party.

Item 9: Separate Property. Separate property is defined as any assets or debts acquired before the date of the marriage or partnership and after the date of separation, or acquired by gift or inheritance.If there is no separate property to confirm to either spouse or partner, check box 9a. If you want any items of property confirmed as the separate asset or debt of either you or your spouse or partner, check item 9b, list each item and indicate to whom it is to be confirmed. Do not list here any joint assets or debts that you and your spouse or partner have divided between you informally. Until you receive the final judgment confirming your division, the items acquired during marriage or partnership continue to be “community property,” and should be listed under Item 10. If you need additional space to list separate assets and debts, you may attach a page and label it “Attachment 9b.” You may also use formFL-160 Property Declaration, as your separate property declaration. If you use either of these attachments, check the appropriate box and attach the form to your Petition.

Item 10: Community and Quasi-Community Property. Community property is defined as assets or debts acquired between the date of marriage or partnership and the date of separation, except for gifts or inheritances to one spouse or partner. Community property can be acquired in either or both spouse or partner’s names. So, for example, even if you kept separate bank accounts during marriage or partnership, any earnings from employment during marriage or partnership that were deposited into those accounts are community property. If you signed a pre- or post-nuptial agreement with your spouse or partner regarding your property rights, you will need to look at that agreement to see how your rights may have been altered. Quasi-community property is community property that is located outside of California.

Check box 10a if there are no community assets or debts for the court to divide. Be aware that the court can only issue orders regarding assets or debts that you list. If an asset or debt is not included, your spouse or partner may be able to have your judgment set aside later so the court can divide the item in question.

Check box 10b if you have community assets or debts, then list the community assets and debts in the space provided or on an attachment. At this stage you need only list the community property. You do not need to propose a division of property now. Some items like houses may have both community and separate property components. In that case, you may list the item as both separate and community property. Be sure to list all major items individually, including: cars, bank accounts, 401k, pension plans, stocks, and things of special importance to you. If you need additional space, you may attach an additional page labeled “Attachment 10b.” You may also use form FL-160 Property Declaration as your attachment for community property. If you are using an attachment, check the appropriate box.


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Also be aware that you should list all assets and debts that both you and your spouse or partner should be awarded. If you list only the items that you want awarded to you, then the court may have no choice but to divide those items equally between both of you.

Before you submit your Petition to the court for filing, you may wish to seek legal advice about your property rights. The law regarding community and separate property is very complex, and what you put on your Petition now may affect your rights later. The Family Law Facilitator’s Office is not permitted to advise you about what you should claim as community or separate property. A consultation with a private attorney is recommended if you have any questions about your rights.

Item 11: Other Requests. This item is used for anything else you would like included in your judgment which was not covered elsewhere in the Petition.

Item 11a: Attorney’s Fees and Costs. Attorney fees are applicable if you plan to hire an Attorney.When you file your Petition, you will be asked to pay a filing fee. If you want the other party to pay or share these expenses, you may check the box for Respondent at Item 11a.

Item 11b: Name Restoration. If you want to have your former name restored, check Box 11b. Print the name you want restored after the word “specify.” Print the full name -- first, middle and last name-- that you want restored. You may not ask to restore the former name of your spouse or partner. That is only for your spouse or partner to request.

Item 12: Standard Family Law Restraining Orders, confirms that you have read the restraining orders on the back of the Summons, and understand they apply to you when this Petition is filed.

In the space marked “Date” below Item 9, print today’s date. Print your name on the line that says “Type or Print Name,” and sign on the line to the right, where it says “Signature of Petitioner.” Please note that you are signing under penalty of perjury, which means that everything on your Petition is true and correct.

Completing the Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), form FL-105/GC-120

Do not complete this form if you have no minor children with your spouse or partner. If there are no minor children involved in your case, then you may skip this form and pick up again with the Proof of Service of Summons form.

The purpose of the Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act is to inform the court where the child has lived in the last 5 years or since the birth (if your child is under 5 years old), and whether the child has been the subject of other court cases concerning custody. It also requests information as to other people who seek custody or visitation rights with the children. If after completing and filing this form, you become aware of additional information regarding a custody proceeding in another court, you must complete and file an amended UCCJEA declaration.

At the top of the page, print your name, mailing address, and telephone number.


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In the second box down, the court’s name and address should be typed. If not, please print the name and address of the court in the space provided.

County of Sacramento 3341 Power Inn Road Sacramento 95826

Family Relations Courthouse

In the third box down next to the word “Petitioner” print your full name and next to the word “Respondent” print your spouse or partner’s full name.

The fourth box down applies to guardianship cases only. Leave it blank.

Item 1 states that you are a party in this case.

Item 2. Check the box if your address is confidential if there are allegations of domestic violence or child abuse and you are using a mailing address other than your physical address.

Item 3. Print the number of minor children of this marriage or partnership. Include any children of this relationship that were born prior to the marriage or partnership or were adopted by you and your spouse or partner.

Box (a). If there is more than one child of this marriage or partnership, start with the oldest child. Print the child’s full name, city and state of birth, date of birth and sex.

Under “period of residence”, provide the time period the child lived at each address during the last 5 years, or to the child’s date of birth if less than 5 years old. The first line is for the current information, so print the date that the child moved into the home where your child now resides.

In the next box to the right, print the address where the child resides – or as much of it as you know, such as the city, county and/or state. If you do not know the street address, you may print “unknown.” If the address is confidential, check the box provided. You must include at least a city and state for each period of residence or the Court will be unable to make custody or visitation orders.

In the next box to the right, print the name of the person with whom the child is living, followed by the relationship of that person to the child -- for example, “mother” “father” or “parents.” If the child is living with someone other than a parent, be sure to provide that person’s name and address.

In the last box to your right print the relationship of that person to the child – “mother,” “father,” “parents,” or “grandmother.”

On the next line down, provide all of the information requested relating to the child’s previous residence(s). Be sure to indicate the dates the child moved into and out of that address. Continue on separate lines for each address. If there are more addresses than will fit on the form, check box c at the bottom of the page and continue on a separate sheet of paper.


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To better understand how to fill in the Period of Residence portion of the form, you may find the following example helpful. Suppose your child moved to his current residence in January 1999. You would fill in that date on the first line so that it reads “January 2007 to present”. Then you would go to the second line and fill in “January 2007” after the word “to,” because this is also the last date the child resided at his previous address. Then you would back up and fill in the date the child moved into that address so that the second line reads, “May 2006 to January 2007.”

This form can also be confusing when the child has lived with both parents. It is acceptable to list both parents’ names in the section for “Person Child Lived With” for periods of time you lived together as a family. Also, when both parents share custody of the child in two different homes, you can show this by completing two lines for the same periods of residency and by listing the parents’ names and the different address of each parent in the address box.

Box b further down the page needs to be completed if there is more than one child. If the residence information is the same as the first child, check the box below the child’s name that says, “Residence information is the same as given above for child a.” If the information is not the same, provide the new information.

If there have been more addresses for the child(ren) than will fit in the boxes provided, check box c and attach an additional page labeled “Additional Residence Information.” Use this additional page to list all other addresses for the past five years in the same way you listed the most recent addresses.

If there are more than two children check Box d located at the bottom of the form and complete and attach form FL-105(A). Use this form to list the same information for the additional children as was included for the first two children.

In the bar at the top of page two where it says “Short Title,” print your last name followed by your first name and your spouse or partner's first name. If your spouse or partner's last name is different than yours simply print it like you did your name.

Item 4 asks whether you have information about, or have you been a party or witness in a case in California or elsewhere, concerning custody of the child(ren) involved in this case? This includes family law, guardianships and juvenile dependency cases. If not, check the box for No. If you do know of a case, check the box for Yes, and provide the information requested about that case under the appropriate case type.

Item 5 asks if one or more domestic violence restraining/protective orders are now in effect. If not, leave this item blank. If you do know that such orders are in effect, check the box next to 5., check the box next to the type of case in which the restraining order was issued and provide the information requested. If you have a copy of the orders, attach them.

Item 6 asks if there is anyone who is not a party to the case who has physical custody or claims to have custody or visitation rights with any child in this case. If not, check the box for No. If you do know of a non-parent seeking custody or visitation rights, check the box for Yes and provide the information requested about that person in items a, b and c.


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At the bottom left of the form, print today’s date next to the word “Date.” Print your name on the line below the date and sign your name on the line to the right.

Item 7: If you completed any additional pages or form FL-105(A), check the box next to 7 and print the number of pages you are attaching on the line.

Family Law Case Participant Enrollment Form, local form FL/E-LP-660

In Sacramento County, family law documents prepared by the Court are published to a secure web site where only parties to the case who have created an online account can view and download them. The Family Law Case Participant Enrollment Form is used to register an email address that will be used to access the online account. Within twenty-four (24) hours of filing your forms, you should receive an email advising you that an account has been created for you to access any documents posted in your new case. Follow the link in the email to confirm your account and create your unique password. This account will be used for the life of your case. If your email address changes, you will be required to file a new Family Law Case Participant Enrollment Form in order to continue to have access to documents posted by the Court.

Completing the Proof of Service of Summons, form FL-115

The proof of service of summons notifies the Court that the other party was properly served with the necessary documents by another person over the age of 18, who is not a party in the case. You will complete part of the form now, and have the server complete the rest later.

The boxes at the top of page are called the “caption.” Complete them exactly as you did on your Petition.

Item 1. Check boxes 1a and 1d, if appropriate. At item 1d, check any additional boxes (from item 1d(1) to item 1d(8)) that apply in your case. If you have minor children of the marriage or partnership you should check box 1d(1) and include a completed Declaration Under Uniform Child Custody Jurisdiction and Enforcement (form FL-105) and provide a blank form for the respondent. If any of the boxes do not apply in your case, leave them blank.

The remainder of the form, front and back, will need to be completed later by the person who serves your spouse or partner.

Filing the Forms

At this point you are ready to prepare your forms for filing with the court.

1. Making Copies First, you will need two copies -- plus the originals -- of the documents you have just completed, including the:

Summons PetitionDeclaration Under Uniform Child Custody Jurisdiction And Enforcement Act (if applicable)


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Note that you should make an extra set of copies if you are going to ask a Sheriff or correctional facility to serve papers on your spouse or partner.

In addition, set aside the following additional forms to serve on your spouse or partner:

Response (leave blank), form FL-120 Declaration Under Uniform Child Custody Jurisdiction And Enforcement Act (if you completed one; leave blank), form FL-105 Proof of Service by Mail (leave blank), form FL-335

These forms do not need to be filed by you, but you are required to have them served on your spouse or partner. You will find the Response forms packet at the following link:

http://www.saccourt.ca.gov/family/docs/fl-serve-file-response-packet.pdf

2. Filing Forms with the Family Law Filing Clerk When you are ready to file your forms, you may mail them to the Court, drop them in the Drop Box inside the lobby of the courthouse of file them in person. If you file by mail, send your forms, copies and filing fee to the following address:

Sacramento Superior Court Family Relations Courthouse 3341 Power Inn Road, Room 100 Sacramento, CA 95826

If you file in person, take all of the forms you have completed and the copies to Reception near the front entrance of the Family Relations Courthouse and get a number for Family Law filing.

3. Paying Filing Fees or Requesting A Fee Waiver When you file your forms, you must pay an initial filing fee. If you cannot afford the filing fee, and you qualify, you may submit a fee waiver application to ask that you not be required to pay filing fees for a period of time. In order to qualify for a fee waiver you must receive a qualifying type of public assistance or fall within the low-income guidelines, which are described in the fee waiver packet.

You may download the guidelines, forms and instructions at the following web address:

http://www.saccourt.ca.gov/fees/fee_waiver.asp

4. Filing Forms with the Family Law Filing Clerk When your forms are filed, the clerk will issue you a case number, stamp this number on your forms and place your original Summons, Petition and Declaration Under Uniform Child Custody Jurisdiction And Enforcement Act (if any) inside the new court file. The clerk will file stamp and return the copies to you.


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You will receive two sets of copies of the forms you completed. Organize the copies so that you get one copy of all the completed forms and your spouse or partner gets a copy of the same forms. You will also need to serve your spouse or partner with blank response forms.

Serving the Forms on Your Spouse or partner

Now that your forms are filed, the next step is serving your spouse or partner. Generally, hand-delivery of the forms, which is called “personal service,” is required. However the Court encourages parties to cooperate in effecting service using a Notice and Acknowledgment of Receipt. Instructions on “personal service” and instructions on “service by mail with acknowledgment” will be described below. Other methods of service are only allowed in special situations. If you anticipate problems getting your spouse or partner served by hand-delivery or if he or she lives outside of California, you may want to discuss your options for other service methods with a private attorney or contact the Family Law Facilitator.

Personal Service

In order to have your spouse or partner personally served, follow these instructions:

1. Select Another Adult to Serve Your Spouse or partner You may not serve documents in your own case. Instead, select an adult friend, relative, Sheriff or professional process server to do the service of your forms on your spouse or partner. Both the Sheriff and a private process server charge a fee for the service. If your filing fees were waived by the court, the Sheriff may be able to serve your papers at no cost to you. If your spouse or partner is incarcerated, there should be someone at the facility who will serve him or her for you. You may contact the facility directly and ask to be connected to the person or department that serves legal documents on inmates. Follow carefully the instructions they give on how to obtain their help in serving your spouse or partner.

2. Provide Server with the Forms Be sure to include a copy of all the completed forms as well as the blank forms.

3. Server Hand Delivers the Forms The server must walk up to your spouse or partner and hand the documents to him or her. If your spouse or partner refuses to take the papers and the server is face-to-face with your spouse or partner, the server can say “you are now served with legal papers” and drop the papers at your spouse or partner’s feet. Your spouse or partner does not have to sign anything or agree to the service.

4. Server Completes the Proof of Service Once hand-delivery is accomplished, the server must complete the remainder of the original Proof of Service of Summons. This includes when and where service occurred, how service was accomplished, the name and address of the person who did the service, the date the Proof of Service form was completed and the signature of the server. If the Sheriff or a Corrections Officer is the server, they may prepare a different form of Proof of Service than the one the court normally uses. This form, if completed properly, should be acceptable.

5. File the Proof of Service of Summons


Page 14 of 15 6/30/2016

After the Proof of Service of Summons is completed by the server, make a copy of it. File the original and a copy with the Court. The Court will keep the original for the court file, and return the file-stamped copy to you. Keep this copy with your other court papers, as you will need it later to finish the case.

Service by Mail (Notice and Acknowledgment of Receipt – Family Law)

California Code of Civil Procedure § 415.30 permits service by mail with Notice and Acknowledgment of Receipt. If you would like to pursue this method of service you must do the following:

1. Select Any Adult Over the Age of 18 (Sender) to Mail the Forms to Your Spouse or partner You may not mail the documents in your own case. Instead, select a friend or relative over the age of 18 to mail them for you.

2. Provide the Sender with the Forms Be sure to include a copy of all the completed forms as well as the required blank forms. You will also need a Notice and Acknowledgment of Receipt – Family Law (FL-117), and a Proof of Service Summons (FL-115).

3. Preparing the Notice and Acknowledgment of Receipt – Family Law (FL-117). A. Complete the caption (top part of the form) only. Below the caption, print the name of your

spouse or partner on the line next to the word “To.” B. Your sender will complete items 2 and 3, then sign next to where he/she printed his/her

name. C. In addition, your sender must check the boxes in the ACKNOWLEGEMENT OF RECEIPT

section, which correspond to the title of each document they are going to mail. Item (a) will always be checked. Item (e)(1) must also be checked if you completed and mailed the Declaration under UCCJEA.

D. Make a copy of this form.

4. Sender Mails Your sender may now mail all the forms for you. Your sender will mail the original Notice and Acknowledgment of Receipt – Family Law (FL-117) and copy along with all the forms you are serving on your spouse or partner. Your server must also include a stamped envelope addressed to the server for return of the signed Notice and Acknowledgement of Receipt.

5. Sender Completes the Proof of Service Once your sender receives the completed and signed (by your spouse or partner) Notice and Acknowledgment of Receipt – Family Law (FL-117), he/she must complete the Proof of Service of Summons (FL-115). This includes when and where service occurred, how service was accomplished, the name and address of the person who did the service, the date the Proof of Service form was completed and the signature of the server. If your spouse or partner does not sign and return the FL-117, you must have him or her served personally, as described above.

6. File the Proof of Service and Attached Copy of Notice and Acknowledgment of Receipt – Family Law (FL-117)


Page 15 of 15 6/30/2016

After the Proof of Service of Summons is completed by the server, attach the Notice and Acknowledgment of Receipt – Family Law and make a copy. File the original and one copy with the Court in the same manner as described earlier. The filing clerk will keep the original for the court file, and return the file-stamped copy to you. Keep this copy with your other court papers, as you will need it later to finish the case.

Preparing Financial Disclosures

The financial disclosure forms consist of the following documents:

Declaration Regarding Service of Declaration of Disclosure, form FL-141 Declaration of Disclosure, form FL-140 Schedule of Assets and Debts (4 sides), form FL-142 Income & Expense Declaration (4 sides), form FL-150

Even if you have no property issues in your marital action, you must complete and serve all of these forms on your spouse or partner to obtain a Judgment in your case. Your spouse or partner will also have to complete these forms if he or she responds in the case or enters into an agreement with you to finish the case. The forms are exchanged between the spouses or partners to ensure that each party has all the information needed to make informed decisions and to protect against fraud.

You may begin working on the forms right away. As soon as you complete them, be sure to send a copy to your spouse or partner. If you need help completing these forms, an instruction packet entitled Completing the Declarations of Disclosures is available on the Court’s website. You have sixty (60) days from the date your Petition is filed to complete and serve the financial disclosure forms.

Finishing the Case

Your spouse or partner has 30 days from the date of service to respond to your court forms, or longer if you do not return to court promptly to take the next step. On the 31st day after service, if you have not received a Response in the mail and your Declarations of Disclosures are completed and filed, you may be eligible to take your spouse or partner’s default. You may contact the Self Help Center if you are ready to proceed with this next step.

If your spouse or partner chooses to respond, he or she will complete the blank Response and Declaration Under Uniform Child Custody Jurisdiction And Enforcement Act for minor children. These forms are in the group of blank documents served on your spouse or partner. These forms must be served on you by mail or hand-delivery before being filed with the court. You will know when your spouse or partner responds in the case because you will receive a copy of the Response form. If you receive your spouse or partner’s Response, you need not wait 30 days to take the next step.

Regardless of how you finish your case, be aware that your marital action will not be complete until you have a Judgment signed by the Judge.

If you need court ordered support, child custody, visitation or other types of court intervention, you may contact the Self Help Center to learn more about the options available to you.

You have been sued. Read the information below and on the next page.

Lo han demandado. Lea la información a continuación y en la página siguiente.

EXENCIÓN DE CUOTAS: Si no puede pagar la cuota de presentación, pida al secretario un formulario de exención de cuotas. La corte puede ordenar que usted pague, ya sea en parte o por completo, las cuotas y costos de la corte previamente exentos a petición de usted o de la otra parte.

FL-110

SUMMONS (Family Law)FOR COURT USE ONLY

(SOLO PARA USO DE LA CORTE)

CASE NUMBER (NÚMERO DE CASO):

You have 30 calendar days after this Summons andPetition are served on you to file a Response (formFL-120) at the court and have a copy served on the petitioner. A letter, phone call, or court appearance will not protect you.

If you do not file your Response on time, the courtmay make orders affecting your marriage or domesticpartnership, your property, and custody of yourchildren. You may be ordered to pay support andattorney fees and costs.

For legal advice, contact a lawyer immediately. Get help finding a lawyer at the California Courts Online Self-Help Center (www.courts.ca.gov/selfhelp), at the California Legal Services website (www.lawhelpca.org),or by contacting your local county bar association.

NOTICE—RESTRAINING ORDERS ARE ON PAGE 2:

These restraining orders are effective against both spouses or domestic partners until the petition is dismissed, a judgment is entered, or the court makes further orders. They are enforceable anywhere in California by any law enforcement officer who has received or seen a copy of them.

The name and address of the court are (El nombre y dirección de la corte son):

Date (Fecha): , Deputy (Asistente)

Form Adopted for Mandatory UseJudicial Council of California

FL-110 [Rev. January 1, 2015]

SUMMONS

(Family Law)

Family Code, §§ 232, 233, 2024.7, 2040, 7700; Code of Civil Procedure, §§ 412.20, 416.60–416.90

www.courts.ca.gov

Page 1 of 2

Clerk , by (Secretario, por)

CITACIÓN (Derecho familiar)

Tiene 30 días de calendario después de haber recibido la entrega legal de esta Citación y Petición para presentar una Respuesta (formulario FL-120) ante la corte y efectuar la entrega legal de una copia al demandante. Una carta o llamada telefónica o una audiencia de la corte no basta para protegerlo.

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.

Para asesoramiento legal, póngase en contacto de inmediato con un abogado. Puede obtener información para encontrar 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.lawhelpca.org) o poniéndose en contacto con el colegio de abogados de su condado.

AVISO—LAS ÓRDENES DE RESTRICCIÓN SE

ENCUENTRAN EN LA PÁGINA 2: Las órdenes de restricción están en vigencia en cuanto a ambos cónyuges o miembros de la pareja de hecho hasta que se despida la petición, se emita un fallo o la corte dé otras órdenes. Cualquier agencia del orden público que haya recibido o visto una copia de estas órdenes puede hacerlas acatar en cualquier lugar de California.

[SEAL]1.

2.

FEE WAIVER: If you cannot pay the filing fee, ask the clerk for a fee waiver form. The court may order you to pay back all or part of the fees and costs that the court waived for you or the other party.

NOTICE TO RESPONDENT (Name):

Petitioner's name is:

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):

AVISO AL DEMANDADO (Nombre):

Nombre del demandante:

STANDARD FAMILY LAW RESTRAINING ORDERS

Starting immediately, you and your spouse or domestic

partner are restrained from:

removing the minor children of the parties from the state or applying for a new or replacement passport for those minor children without the prior written consent of the other party or an order of the court;

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 children;

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

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.

SUMMONS

(Family Law)

FL-110 [Rev. January 1, 2015] Page 2 of 2

ÓRDENES DE RESTRICCIÓN ESTÁNDAR 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, o solicitar un pasaporte nuevo o de repuesto para los hijos menores, sin el consentimiento previo por escrito de la otra parte o sin 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, 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, excepto en el curso habitual de actividades personales y comerciales o para satisfacer las necesidades de la vida; y

4. crear o modificar una transferencia no testamentaria de manera que afecte la asignación 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 hábiles 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 que lo ayude o para pagar los costos de la corte.

FL-110

1.

4.

3.

2.

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.

WARNING—IMPORTANT INFORMATION ADVERTENCIA—IMFORMACIÓN IMPORTANTE

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

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.

AVISO—ACCESO A SEGURO DE SALUD MÁS ECONÓMICO:

¿Necesita seguro de salud a un costo asequible, ya sea para usted o alguien en su hogar? Si es así, puede presentar una solicitud con Covered California. Covered California lo puede ayudar a reducir elcosto que paga por seguro de salud asequible y de alta calidad. Para obtener más información, visite www.coveredca.com. O llame a Covered California al 1-800-300-0213.

NOTICE—ACCESS TO AFFORDABLE HEALTH

INSURANCE: Do you or someone in your household need affordable health insurance? If so, you should apply for Covered California. Covered California can help reduce the cost you pay towards high quality affordable health care. For more information, visit www.coveredca.com. Or call Covered California at 1-800-300-1506.

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.

Person child lived with (name and complete current address)








Additional children are listed on form FL-105(A)/GC-120(A). (Provide all requested information for additional children.)

FL-105/GC-120FOR COURT USE ONLY

SUPERIOR COURT OF CALIFORNIA, COUNTY OFSTREET ADDRESS:

MAILING ADDRESS:

CITY AND ZIP CODE:

BRANCH 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):

(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

Period of residence Address Relationship

Confidentialto present

to

to

tob. Child’s name Place of birth Date of birth Sex

Residence information is the same as given above for child a. (If NOT the same, provide the information below.)

Period of residence Address Relationship

Confidentialto present

to

to

to

Additional residence information for a child listed in item a or b is continued on attachment 3c.c.

Page 1 of 2Family Code, § 3400 et seq.; 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) Probate Code, §§ 1510(f), 1512

minor children who are subject to this proceeding, as follows:

www.courtinfo.ca.gov

TELEPHONE NO.: FAX NO. (Optional):

E-MAIL ADDRESS (Optional):

ATTORNEY FOR (Name):

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):

PETITIONER:RESPONDENT:

GUARDIANSHIP OF (Name): Minor

OTHER PARTY:

Child's residence (City, State)



d.




(This section applies only to family law cases.)

(This section apples only to guardianship cases.)

Confidential

Confidential

Juvenile Delinquency/ Juvenile Dependency

and provide the following information):5. One or more domestic violence restraining/protective orders are now in effect. (Attach a copy of the orders if you have one

a. Criminal

b. Family

d. Other

Court State Case number (if known) County Orders expire (date)

Court (name, state, location)

Court order or judgment

(date)Case status

b. Guardianship

c. Other

Name of each child

a. Family

Case number

Court (name, state, location)

e. Adoption

Juvenile Delinquency/ Juvenile Dependency

Case Number

Your connection to

the case

CASE NUMBER:SHORT TITLE:

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 (If yes, attach a copy of the orders (if you have one) and provide the following information):

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? (If yes, provide the following information):Yes

a. Name and address of person b. Name and address of person c. Name and address of person

Has physical custody Has physical custodyHas physical custodyClaims custody rightsClaims custody rightsClaims custody rights

Claims visitation rights Claims visitation rights Claims visitation rights

Name of each child Name of each child 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

FL-105/GC-120 [Rev. January 1, 2009] Page 2 of 2DECLARATION UNDER UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (UCCJEA)

4.

6.No

proceeding in a California court or any other court concerning a child subject to this proceeding.

No

FL-105/GC-120

Proceeding

Proceeding

c.

d.

AMENDEDPETITION FOR

Dissolution (Divorce) of: Marriage Domestic Partnership

Nullity of: Marriage Domestic PartnershipLegal Separation of: Marriage Domestic Partnership

FOR COURT USE ONLY

ATTORNEY FOR (name):

E-MAIL ADDRESS:

FAX NO.:TELEPHONE NO.:

ZIP CODE:STATE:CITY:

STREET ADDRESS:

FIRM NAME:

NAME:

PARTY WITHOUT ATTORNEY OR ATTORNEY STATE BAR NUMBER:

SUPERIOR COURT OF CALIFORNIA, COUNTY OF

BRANCH NAME:

CITY AND ZIP CODE:

STREET ADDRESS:

MAILING ADDRESS:

PETITIONER:RESPONDENT:

CASE NUMBER:

FL-100

LEGAL RELATIONSHIP (check all that apply):a. We are married.

b. We are domestic partners and our domestic partnership was established in California.

We are domestic partners and our domestic partnership was NOT established in California.c.

1.

RESIDENCE REQUIREMENTS (check all that apply): 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 a divorce, at least one person in the legal relationship described in items 1a and 1c must comply with this requirement.)

2.

a. RespondentPetitioner

STATISTICAL FACTS

Date of marriage (specify): Date of separation (specify):Years

a.

b.

(3)

3.(1)

(1)

(2)(3)

(2) Date of separation (specify):Registration date of domestic partnership with the California Secretary of State or other state equivalent (specify below):

Page 1 of 3

Form Adopted for Mandatory Use Judicial Council of California FL-100 [Rev. July 1, 2016]

PETITION—MARRIAGE/DOMESTIC PARTNERSHIP

(Family Law)

Family Code, §§ 297, 299, 2320, 2330, 3409; www.courts.ca.gov

MINOR CHILDREN

If there are minor children of Petitioner and Respondent, a completed Declaration Under Uniform Child Custody Jurisdictionand Enforcement Act (UCCJEA) (form FL-105) must be attached.

d.

4.There are no minor children. a.

The minor children are:b.

Child's name Birthdate SexAge

a child who is not yet born.(2)continued on Attachment 4b.(1)

attached.Petitioner and Respondent signed a voluntary declaration of paternity. A copy e.

Our domestic partnership was established in California. Neither of us has to be a resident or have a domicile in California to dissolve our partnership here.

b.

If any children listed above were born before the marriage or domestic partnership, the court has the authority to determine those children to be children of the marriage or domestic partnership.

c.

c. We are the same sex, were married in California, but currently live in a jurisdiction that does not recognize, and will not dissolve, our marriage.This Petition is filed in the county where we married.

Respondent lives in (specify):Petitioner lives in (specify):

MonthsTime from date of marriage to date of separation (specify):

Time from date of registration of domestic partnership to date of separation (specify): MonthsYears

Sacramento

William R. Ridgeway Family Relations CourthouseSacramento, CA 95826

3341 Power Inn Road3341 Power Inn Road

http://www.courts.ca.gov/documents/mc025.pdf


Petitioner requests that the court make the following orders:

5. LEGAL GROUNDS (Family Code sections 2200–2210, 2310–2312)

b. Nullity of void marriage or domestic partnership based on

(1) incest. (2) bigamy.

c. Nullity of voidable marriage or domestic partnership based on

(1) petitioner’s age at time of registration of domestic partnership or marriage.

(2) prior existing marriage or domestic partnership.

(3) unsound mind.

(4) fraud.

(5) force.

(6) physical incapacity.

Legal separation of the marriage or domestic partnership based on (check one):Divorce ora.(1) irreconcilable differences. permanent legal incapacity to make decisions.(2)

6. CHILD CUSTODY AND VISITATION (PARENTING TIME)

Legal custody of children to .........................................................

....................................................Physical custody of children to

Child visitation (parenting time) be granted to .............................

As requested in

Attachment 6c(1)

Any party required to pay support must pay interest on overdue amounts at the "legal" rate, which is currently 10 percent.

7. CHILD SUPPORT

a.

b.c.

Other (specify):

Terminate (end) the court's ability to award support to

Spousal or domestic partner support payable to

Reserve for future determination the issue of support payable to

Other (specify):

d.

SPOUSAL OR DOMESTIC PARTNER SUPPORT8.

b.

a.

c.

d.

b. Confirm as separate property the assets and debts in Attachment 9b.Property Declaration (form FL-160).

the following list. Item Confirm to

9. SEPARATE PROPERTY

a. There are no such assets or debts that I know of to be confirmed by the court.

FL-100 [Rev. July 1, 2016] Page 2 of 3PETITION—MARRIAGE/DOMESTIC PARTNERSHIP

(Family Law)

CASE NUMBER:

RESPONDENT:

PETITIONER:

FL-100

Petitioner Respondent Joint Other

b.

c.

a.

If there are minor children born to or adopted by Petitioner and Respondent before or during this marriage or domestic partnership, 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.



http://www.courts.ca.gov/documents/fl341c.pdf

http://www.courts.ca.gov/documents/fl341d.pdf

http://www.courts.ca.gov/documents/fl341e.pdf




FL-100 [Rev. July 1, 2016] Page 3 of 3PETITION—MARRIAGE/DOMESTIC PARTNERSHIP

(Family Law)

CASE NUMBER:

RESPONDENT:

PETITIONER:

Date:

(TYPE OR PRINT NAME) (SIGNATURE OF PETITIONER)

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

a. There are no such assets or debts that I know of to be divided by the court.

in Attachment 10b.in Property Declaration (form FL-160)Determine rights to community and quasi-community assets and debts. All such assets and debts are listed b.

as follows (specify):

COMMUNITY AND QUASI-COMMUNITY PROPERTY10.

OTHER REQUESTS11.Attorney's fees and costs payable by a.

b Petitioner's former name be restored to (specify):

c.

Continued on Attachment 11c.

Other (specify):

Date:

(TYPE OR PRINT NAME) (SIGNATURE OF ATTORNEY FOR PETITIONER)

12. 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.

NOTICE—CANCELLATION OF RIGHTS: Dissolution or legal separation may automatically cancel the rights of a domestic partner or spouse under the other domestic partner's or 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 domestic partner or spouse as beneficiary of the other partner's or 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. Some changes may require the agreement of your partner or spouse or a court order.

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, spousal or partner support.

FL-100

FOR MORE INFORMATION: Read Legal Steps for a Divorce or Legal Separation (form FL-107-INFO) and visit "Families Change" at www.familieschange.ca.gov — an online guide for parents and children going through divorce or separation.




http://www.courts.ca.gov/documents/fl107info.pdf

https://www.familieschange.ca.gov/

Local Form Adopted for Mandatory Use FAMILY LAW CASE PARTICIPANT ENROLLMENT FORM

CONFIDENTIAL

FOR COURT USE ONLYCASE PARTICIPANT

NAME: STATE BAR NO:

FIRM NAME:

ADDRESS:

CITY: STATE: CA ZIP CODE:

E-MAIL ADDRESS: (must be legible) TELEPHONE NO.:

ATTORNEY FOR (Name): FAX NO. (Optional):

NAME OF COURT: Superior Court of California, County of SacramentoSTREET ADDRESS: 3341 Power Inn RoadMAILING ADDRESS:

CITY AND ZIP CODE: Sacramento, CA 95826BRANCH NAME: William R. Ridgeway Family Relations Courthouse

PETITIONER/PLAINTIFF:

RESPONDENT/DEFENDANT:

CLAIMANT:

FAMILY LAW CASE PARTICIPANT ENROLLMENT FORM CASE NUMBER:

You may access some Findings and Orders After Hearing for law and motion hearings, and mediation reports prepared by Family Court Services on or after January 26, 2015 using the court's online Public Case Access System. Free access is available for 72 hours from the time the order is issued or the report is prepared, or from the time the court creates your case subscription. After 72 hours, you may still access but you will be required to pay for copies of orders and reports.

INSTRUCTIONS

To setup your account you must:

I,

declare that my private email address is (must be legible):

I understand, if I change my email address I must file a new enrollment form with the court.

, request the court create an account and/or subscription to my Family Law case. I

I would like to unsubscribe from my case and have attached a copy of my driver license, state or federal issued photo identification.

I acknowledge that confidential mediation reports contain private information that is not part of the public court file. I understand that without a court order, I must not disclose any contents of the Report to anyone (including any minor children) other than the parties to my case (petitioner/respondent/claimant) and their attorneys and court professionals. I acknowledge that the court may impose a penalty for any unauthorized disclosure of any content of the Family Court Services report.


Date:

(TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT)

• File this form with the court and be prepared to show your driver license or a state or federal issued photo identification card.

• A separate form must be filed for each of your Family Law cases.• Once the court has created your subscription to your Family Law case, you will receive a confirming email. You must follow the

instructions in that email to complete the process.

www.saccourt.ca.govFL/E-LP-665 (Rev 2/5/18)

(Please use Ø for zero, 1 for one and clearly differentiate i, L, S, 5, 3 and 8's).

PARTY

PARTY

••

Once your subscription is completed, you will receive an email notification each time an order or report is added to your case.You must also complete and file this form, with a copy of your driver license, if you wish to unsubscribe to your Family Law case.

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:

PROOF OF SERVICE OF SUMMONS

(Family Law—Uniform Parentage—Custody and Support)

Form Approved for Optional Use Judicial Council of California


FL-115

1.

and

a.

(1)

(2)

(3)

(7)

b.

c.

–or–

–or–

(5)

(6)

(4)

a.

I served the respondent by the following means (check proper boxes):

on (date): at (time):

b.

(1)

(2)

(name):

d.

Page 1 of 2

(8)

Code of Civil Procedure, § 417.10 www.courts.ca.gov

who is (specify title or relationship to respondent):


FOR COURT USE ONLYATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):

TELEPHONE NO.: FAX NO.:

E-MAIL ADDRESS:

ATTORNEY FOR (Name):

SUPERIOR COURT OF CALIFORNIA, COUNTY OF

BRANCH NAME:

CITY AND ZIP CODE:

STREET ADDRESS:

MAILING ADDRESS:

PETITIONER:

RESPONDENT:

CASE NUMBER:

Family Law—Marriage/Domestic Partnership: Petition—Marriage/Domestic Partnership (form FL-100), Summons (form FL-110), and blank Response—Marriage/Domestic Partnership (form FL-120)

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)

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)

Completed and blank Declaration UnderUniform Child Custody Jurisdiction andEnforcement Act (form FL-105)

Completed and blank Declaration ofDisclosure (form FL-140)Completed and blank Schedule of Assetsand Debts (form FL-142)

Completed and blank Income andExpense Declaration (form FL-150)

Completed and blank Financial Statement(Simplified) (form FL-155)

Completed and blank PropertyDeclaration (form FL-160)

Request for Order (form FL-300), and blank Responsive Declaration to Request for Order (form FL-320)

2.

3.

Personal service. I personally delivered the copies to the respondent (Code Civ. Proc., § 415.10)

Substituted service. I left the copies with or in the presence of

(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.

(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.

on (date):

A declaration of diligence is attached, stating the actions taken to first attempt personal service.

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):

at (time):

Address where respondent was served:

Sacramento

William R. Ridgeway Family Relations CourthouseSacramento, CA 95826

3341 Power Inn Road3341 Power Inn Road


















Person who served papers

The fee for service was (specify): $

a.b.c.

(1) Registration no.:County:

5.

6.


(Family Law—Uniform Parentage—Custody and Support)


4.

This person is

(2)

c.

(1)

(2)

(specify code section):d.

–or–

Name:

Telephone number:

d.

Page 2 of 2

CASE NUMBER:

RESPONDENT:

PETITIONER:

FL-115

3. Mail and acknowledgment service. I mailed the copies to the respondent, addressed as shown in item 2, by first-class mail, postage prepaid, on

Other

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.)

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, 417.20.)

Continued on Attachment 3d.

Address:

exempt from registration under Business and Professions Code section 22350(b).not a registered California process server.a registered California process server: an employee or an independent contractor


I am a California sheriff, marshal, or constable, and I certify that the foregoing is true and correct.

Date:

(NAME OF PERSON WHO SERVED PAPERS)(SIGNATURE OF PERSON WHO SERVED PAPERS)

(date): from (city):



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