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A Complete Manual with respect toDivorce Papers Form

so hi my name is Kristen Lowe we're.going to dive right in and get started.with the beginning forms that you need.to start your divorce process so on my.website which is Kristen Lola comm we.have quick links and on the far right.side we're going to go to commonly used.forms so just a hint all of the family.law forms start with FL FL standing for.family law and we are going to start at.the very beginning with what's called a.petition or request for a divorce and.we're going to click right on the link.which is petition fl100 now this is a.brand new updated form for 2015 and we.are going to start right now and at the.top this is going to be identical for.every single form or I should say almost.every single form that you fill out so.get used to this the first thing you're.going to put up at top is your name and.you're going to use your full legal name.no nicknames you don't have to use a.middle name but you do want to use a.full name so in this case we're going to.keep it simple we're going to have the.petitioners name as John Smith and John.lives at 124 Rose Street in San Ramon.and you don't actually have to use your.own home address because a lot of people.are in the transition and they're moving.and that sort of thing so if you would.rather use a peel box or you would.rather use your parents address your.best friend's address basically we need.an address that's going to stay put for.the duration of your divorce and let's.have San Ramon California and the zip.code nine four five eight two the next.thing you're going to fill out is a.phone number again you can use your cell.phone number you can use your home.number you can use a work number you.basically need to use a number that the.court can reach you at so we're going to.use the number and we're going to.pretend it's John's cell phone number so.not a 925 number but a four one five.number for San Francisco County so four.one five let's do four four to five five.seven seven and if you don't have a fax.number you don't have to fill it in and.if you don't have an email address or.you don't want to disclose your email.address you don't have to do it neither.one of those is mandatory then.next part though attorney for well.you're doing this on your own.so you're something called in pro per.the fancy schmancy word is in propia.persona so either one will work but.we're going to put in pro per which.basically lets the court know that.you're self represented you don't.actually have an attorney except for.yourself okay so we are now in the court.of California County of and because John.lives in San Ramon he is filing in.Contra Costa County and Contra Costa.County right now only has one family law.Division and that's located in Martinez.so all of your filings whether you live.in Danville or Alamo or Richmond.everything's going to be going to.Martinez and the street address there is.751 Pine Street and the mailing address.is a little bit different it's P o box.911 Martinez so the city is Martinez and.of course the state is California and.the zip code is nine four five five.three it is optional if you want to.named branch name but just for reference.and when you go to the courthouse itself.the name of the branch is the Peter L.for the middle initial Spinetta SPI net2.a family Law Center.and then we're going to have the.petitioners name again as John Smith and.the respondents name as in this case.Jane Smith and I'm going to have you.check the box petition for dissolution.and the petition for dissolution they.have finally updated the format 2015 I.love this it says divorce now so we.don't have to use the fancy term for it.simple dissolution and in this case.we're going to say it's a marriage so.the next thing we're going to screen all.the way down so you're not going to see.this part again but I want you to see.this right now specifically to Contra.Costa County you need to know that the.clerk window hours are and this is.subject to change but right now as of.2015 the courtroom hours are 8:00 a.m..to 1:00 p.m. so when you want to go to.the courthouse to file your documents.you need to be aware that the courthouse.opens at 8:00 and the window closes at.1:00 p.m. for more information we're.going to direct you to a link that gives.you a brief tour of the courthouse and.where to park and give you a little bit.more information about that all right so.we have now scrolled down we're on.number one legal relationship and in.this case because it's a divorce it is.we are married so you're going to check.the box 1a.now in California we have what's called.a no-fault state so it doesn't matter.the reason why you're getting a divorce.so if you're worried about being the.petitioner or the respondent I don't.want you to worry they are names there.are titles they don't mean anything.other than who you're referred to and.who initiates and who responds there's.not a whole lot of legal advantage or.disadvantage to being one or the other.there may be reasons that you have.personally in your life for wanting to.be one or the other but that's not.important for purposes of the law so I.want you to understand that you're not.prejudiced or harmed in any way because.you're starting the divorce and you're.not prejudiced or harmed in any way just.because you're responding to divorce but.what you do need to meet is a residency.requirement and this is only one of you.but basically in order to file for a.divorce in California one of you has to.be a resident of the state for at least.six months prior to filing and whatever.county you're living in you have to be a.resident for three months we don't need.you both we only need one of you so for.example in this case if John has been.living in San Ramon for at least three.months or and then California at total.for six months he can comply with the.residency requirement so he can check.the box to a petitioner so he's going to.be the resident of California let's say.the Jane actually lives in Alameda.County could she qualify for filing.divorce in Alameda County absolutely.but because John's filing and he wants.to file in Contra Costa County he can.start it off by saying he's the resident.number three we're going to skip down to.number three we need statistical facts.so the first thing is date of marriage.if you don't know go look at your.marriage certificate and yes you're not.unusual if you don't know or don't.remember if it's been a while so in this.case we're going to pretend that John's.date of marriage was February 24th 2004.and we're just going to put that down.there you can put just the numbers or.you can put the whole kit and caboodle.it's up to you.doesn't matter.and then we have a data separation well.what does the data separation actually.mean it is one of those complicated.legal concepts but basically it's the.date that you or your spouse believes.that your marriage was over it has.important legal meanings so I don't want.you to go just pick a date five years.ago just because you feel like it and.even though you might think that your.marriage has been over forever you want.to really think about when you truly.believe that the marriage broke down.because there are legal consequences to.it in a nutshell.anything acquired or earned or incurred.after that data separation is your.responsibility or your own property and.anything before the data separation.meaning during marriage is considered.community property or presumed to be.50/50 so for example if I went out and.charged ten thousand dollars on a credit.card before the data separation it would.be presumed to be 50% mine and 50% my.spouse's but if I charged it after that.date of separation it's going to be my.financial responsibility to pay for it.so it's very important that you consider.what that data separation is the other.reason for data separation is it also.determines the length of your marriage.and we have kind of two types of.marriage in California we have a short.term marriage which is under 10 years.and we have a long term marriage which.is anything above 10 years and those are.presumptions and there are ways to argue.one way or another but those are kind of.the general guidelines or the rules that.you want to abide by and kind of the.things around spousal support change.once you hit a long-term marriage so if.you're somewhere between that nine and.eleven year mark you might want to.consider talking to an attorney just so.you understand more concretely and more.in depth what a long-term versus a.short-term marriage might mean for you.in this case we're going to have John.have a long term marriage and we're.going to have the data separation to be.January 16th 2015 and again you don't.have to fill out the full words if you.want you can use just the numbers and.now comes the math part so we need to.calculate what exactly the length of.marriages so in this case he's got a.10-year marriage and he almost made it.to 11 years but he didn't quite make it.there so we have.ten months because xvi is before the.24th so ten year in 10 months marriage.all right going down to number 4 we have.minor children so what are minor.children for purposes of a divorce so it.is a child who is biologically you yours.and your spouse's or it's a child that.one of you has adopted during the.marriage or both if you have dotted.during the marriage so they are either.biologically yours.or legally yours through adoption so in.this case there is going to be a minor.child so we're going to check the box.for B and we're going to list the.child's name in this case they have one.child and his name is Ryan Ryan Smith.and Ryan's birth date we are going to.have it as April 20th 2006.so that's going to make him nine years.old this April so we'll put 8 now.because we're not actually in April and.he is a male and just so you know what.4c means is there's another form you.have to fill out and that's FL 105 and.we speak about that in another video and.we'll get to that later but just so you.understand what this form means that's.what that really long word says if for.example Ryan was born prior to the.party's marriage he's not legally.presumed to be the child of the marriage.yet and by checking box T that's when he.or she could become a child of the.marriage all right so that takes us past.page 1 we're going to scroll down to.page 2 that is one of the big.differences between the form how it was.for many many years and how the new.update in 2015 is which is that is now.three pages and it's not more.complicated I actually think it's a lot.more user-friendly and it breaks things.up a lot better so I'm really happy with.the changes legal grounds number five.the reason why you're asking for a.divorce so as I referenced earlier.divorce in California it's a no-fault.state we don't really have a basis it's.not a fault we don't care so much about.why the marriage is breaking down or.whose fault it is so what's important in.your case is for most people it's.irreconcilable differences so in this.case we're going to check the Box.divorce 5a and we're going to put.irreconcilable differences the other.basis for divorce would be permanent.legal incapacity to make decisions and.that's a really really narrow category.and very few people qualify for it.before it used to be incurable insanity.and I would get questions well I think.my spouse isn't saying can I just check.that box and the answer is no we're.really talking about a permanent mental.illness that makes them unable to make.decisions or something like Alzheimer's.disease where they're just not able to.ever come back from that and kind of.participate in the marriage like they.used to I get a lot of questions on.what's the difference between divorce.and legal separation and that's one of.your choices here and I like to think of.it as legal separation is identical to a.divorce step except it stops one step.before a divorce.so just like a divorce legal separation.deals with the kids so we deal with.child custody we deal with child.visitation and support we deal with the.issue of spousal support or alimony we.deal with property division debt.allocation we deal with attorney fees.reimbursement claims every issue that.you would in a divorce except that a.legal separation stops their divorce.takes you one step further and.terminates your marital status makes.meaning that you're a single person.again so unlike a legal separation where.you can't remarry a divorce makes you.single again so you are legally able to.remarry all right so we are going to go.down now to number six child custody and.visitation which was one of those issues.that cover dissolution of domestic.partnership legal separation and divorce.anytime there's a child of the.relationship or of adoption all right so.the first thing we have to answer is the.question of legal custody so what is.legal custody legal custody deals with.the big-ticket items.who gets to make the decisions about the.children's lives medical decisions where.do they go to school childcare.extracurricular activities the day to.day kind of parenting decisions that you.would think about making and in this.case John is going to ask for joint.legal custody meaning he would like to.share the decision-making with Jane so.we're going to check the box 6a and.under joint physical custody we're also.going to check the box joint and.physical custody is essentially where.does the child live in this case where.does Ryan live physical custody saying.joint doesn't automatically mean it's a.50/50 or everything's identical or we.spend one week with mom one week with.Dad what it means is that the child in.this case Ryan spend substantial amounts.of time with both parents that doesn't.mean equal it means significant so we're.not talking one weekend a month or one.month a year we're talking something.more than that okay so this is another.new section number seven is child.support and you don't actually have to.fill anything out here but it is a more.clear advisement so anytime you file for.divorce and there is an issue of custody.meaning there's a child of the marriage.child support automatically becomes an.issue so whether or not you want child.support from your spouse or whether or.not you want to pay child support to.your spouse.that issue is automatically alive and we.say that you can't terminate it you.can't waive it you can't get rid of it.you can reserve on it meaning it's going.to be 0 but you can't get rid of it.because that's your child's money and.child support lasts until the child is.18 and a graduate of high school so if.we go back to our example with Ryan his.birthday is in April and let's say he.turns 18 his senior year in April child.support is going to go until he.graduates in May or June or whenever it.is that he graduates that year a lot of.questions I get have to be around wage.assignments or earning assignment order.which you can see in 7b basically under.the law a wage assignment or an earnings.assignment order has to issue it doesn't.matter it's not a statement that you're.bad or that you're good or that you're.entitled to it that is a legal process.of doing child support now the two of.you can agree not to do the wage.assignment or the earnings assignment.order but it's something you should.expect and be prepared to have as part.of your case anytime there's child.support number eight spousal support the.first thing and we're going to check is.a a does John want spousal support from.Jane and let's say he does so we're.going to check the box eight a and.spousal support or domestic partner.support payable to who in this case he's.saying he wants spousal support so he.would check the box petitioner and I.want you guys to be very careful at this.is a lot of times it's easy to check the.wrong boxes so you want to ask yourself.do I want to pay spousal support or do I.want spousal support that's a better way.of framing 8a so if you want spousal.support you need to check the box.petitioner or respondent depending on.who you are and if you want to pay.spousal support then you want to check.the other box all right so the next one.is be terminate or end the courts.ability to award spousal support it's.the same thing it's one of those easy.things to mix up so you think about it.do I want to pay spousal support to my.spouse yes or no if I don't then I want.to check the box for the other party so.in this case Jon doesn't want to pay.spousal support to Jane so he's going to.check the box b8 B and end the courts.ability to award spousal support to not.because that would be the mistake we.want to check the box respondent meaning.her a lot of people get confused by.checking these boxes and then they.wonder well why do I have to pay spousal.support now I said I didn't want to pay.spousal support here and understand the.petition just think of it like the.regular word petition it's a request.it's asking it's not a guarantee it's.not a court order but it does set forth.your preferences and what it is that you.want or don't want reservation.that's another concept I get a lot so.reservation means we're not going to.decide now we're not going to side today.but I want to keep the door unlocked.so it's shut because we're not going to.determine it right now but at later time.I might want to open that door and step.through it and ask for spousal support.all right so we're going to go on to.number nine which is separate property.it's a separate property I talked about.a little bit at the beginning of the.form but basically the definition of.separate property is anything acquired.before marriage or after separation.other property that can be considered.separate property would be gifts and.inheritances those are kind of your big.categories of what is separate property.so in this case we're going to say that.John doesn't know of any separate.property items he's been married a while.he got married let's say straight out of.college didn't have anything beforehand.and neither did Jane if there were.separate property items let's say in.inheritance or there was a big-ticket.gift from his parents to him then he.might want to list it there so you would.list down what it would be and confirmed.- okay we're going to scroll down to.page 3 now almost done we're two-thirds.of the way down here and community.property and quasi-community property.very rarely do you deal with.quasi-community property if you had.property and you used to live outside of.the state of California that's when you.might want to talk to an attorney.because that's when quasi-community.property applies but if you've been.living in California and all of your.properties here in California we're only.dealing with community property so for.most of you we're only talking about.community property so people get.confused about community property.because I get a lot of questions well I.don't have anything so there's nothing.to divide and in probably about 99.9% of.situations that's not true so just.because you have or don't have a house.doesn't mean you don't have community.property okay community property means.everything you own and everything you.owe that was acquired or incurred during.marriage so we are talking about things.like property we're also talking about.things like vehicles we're talking about.things like bank accounts the pots and.the pans the retirement accounts time.shares I've seen everything from.motorcycles to competition bikes debts.like credit card debts back taxes.anything that you own or owe is going to.be community property if it was acquired.during your marriage so in this case.we're going to check 10 B and we're.going to check the box as follows and.we're going to list that so this is kind.of optional a lot of attorneys will say.well just put to be determined at a.later date or C attached list or will be.provided later and I'm not a big fan of.that because I like to list it out and I.don't need you to list every pot and pan.that you own or all the sheets and the.towels and that sort of thing but what I.like to do is I like to give a list a.general list of what is out there it.makes it clearer for the court and makes.it clearer for your spouse it makes it.clearer for you it gets you starting to.think along the right lines so in this.case we're going to say that John owns.his house so one the real property.located at one to four Rose Street and.the other reason why I like this is.because in a default case meaning your.other spouse isn't going to participate.you are limited to what you put in the.petition so more detail is better than.less detail and we're going to fish that.up with San Ramon California.and I like to use the word and its.encumbrance but really what I'm saying.is and the debt or the mortgage because.very few people own their house outright.most of them have some kind of mortgage.en si um BR ance and then I put a.semicolon and I start listing the other.things I usually put miscellaneous.household furniture furnishings and.appliances.and I will put the vehicles and.semicolon I usually put bank accounts.semicolon let's say there are life.insurance policies semicolon and we have.retirement accounts and let's say.there's credit card debt as well okay so.this didn't take me a whole lot of time.to write out but it gives me a better.idea of what's out there rather than to.be determined or will be listed at a.later date it just gives a little bit.more clarification to everyone all right.we're going to keep going down to number.11 which is other requests and 11 a.attorney fees and costs payable by who.and it goes back to that spousal support.issue so be careful when you read this.and check the right box so if you want.attorney fees paid and let's say John.wants because he wanted the support he.wants Jane to also paste about attorney.fees so attorney fees and cost payable.by who by Jane who is the respondent so.attorney fees in California are awarded.under two bases we have Family Code.section 2030 which is a need-based org.essentially we look at income or assets.available to pay attorney fees so we're.looking at not just John doesn't work.and Jane does but we're also looking at.who has available money so sources from.retirement accounts or equity and houses.or separate property or inheritance as.all of that can be considered in.attorney fees so it's a fairly.complicated way of determining whether.or not somebody needs attorney fees and.I know that's a raw subject and I know.nobody is really happy about paying for.their spouses attorney fees but you.should be aware that if you are in a.financially superior position than your.spouse you should be prepared to.potentially pay attorney fees for your.spouse whether or not you have an.attorney yourself the other grounds for.an attorney fee award would be under.Family Code section 271 which I call.like a fine it's a sanctions for bad.behavior it's for frustrating settlement.it's for not showing up to court on time.it's for doing things in bad faith.it's for not really helping the case out.very well all right and 11b if you had.changed your name during the marriage.and you want to restore your maiden name.or - age or change it to some way you.can fill it out there what you want to.do and this is one of the few things.where you get away with it is that you.can change your mind at any time so if.you don't know whether or not you want.to restore your maiden name or - a you.can leave that blank if you know for.sure now go ahead and fill it up alright.so number 12 is very important you don't.have to actually fill anything out but.you do need to read it which is 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 well we're going to get into that.in the more in-depth discussion when we.go over form FL 110 but for now what you.have to understand is by signing this.petition you acknowledge that you are.under the Actros or the automatic.temporary restraining orders so the last.thing to do is signature of petitioner.so you're going to type your name so in.this case we have John Smith and if.you're doing this on the computer you.plan on printing it out right away you.can always drop the data in if not.always remember the dates above your.print to date it's in a very very bad.spot once it's printed out of the.computer everyone misses it so don't.worry about it but you must date your.documents and then you will need to sign.it and the date you sign it is the date.that you're ready to get it filed so.this wraps up form fl100 our next form.that we're going to be covering is the.summons which is form FL 110.so congratulations you've just finished.your first form the petition fl100 and.this is the first step like I said as to.starting your divorce so the next form.we're going to be covering is summons.which is form FL 110 so if you have any.other questions or didn't understand a.part of the video please call us we'd.love to hear from you we'd love to help.you out.our phone number is ninety five two one.five one three eight eight or you can.reach me by email at Kristen at Kristen.Lola calm.

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  2. Tick on '+' to access to the document you want to sign, from cloud storage or using your camera.
  3. Hit on the sector where the signature must be placed and then use the popup window to insert your signature.
  4. Draw it on the page, confirm, and save the changes.
  5. The final step is to foward the signed document.

To send the signed form, just attach it to an email, and it will reach your others quickly. CocoSign is the best way to sign countless docs every day, all at a low cost. It's time to forget all about signing documents physically and keep it all electronic.

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