Law Slang for Let You Know at a Later Date for Fl 120 Property
In this commodity, nosotros're going to discuss the form sometimes referred to as "the response," officially titled FL-120. The data covered beneath will exist beneficial regardless of your position in the divorce case, whether yous are the respondent and accept been served with the divorce papers, or the petitioner seeking to understand what your spouse needs to exercise in order to complete this form.
Get the form.
Up through this point in our series, we've been using the hypothetical Smith couple as the example to consummate each form. John is the petitioner, and his wife Jane, the respondent, is going to be completing and filing this form with the court. The assumption when completing these forms is that both parties are representing themselves through their case and do not take an attorney.
Contact & Court Data
FL-120: Contact and Court Data
Every bit the respondent, Jane would input her name at the superlative and we're going to assume that John and Jane are notwithstanding living in the same house. Her address is 124 Rose Street, San Ramon, California, 94582. Her phone number is 415.442.5566. In Contra Costa county, you're not required to input a fax number or an email address, and so these two fields are optional.
FL-120: Contact and Court Information filled
Attorney For: In Pro Per
Court information: County of Contra Costa, and the street address is 751 Pine Street. The mailing address is PO Box 911, with urban center and zip Martinez, 94553.
Co-operative Name: Not a required field, but the name is Peter L. Spinetta Family Law Center. They have this name in big messages exterior of the courthouse, so it's easy to find.
Petitioner and Respondent: If you're completing this form, you're the respondent and your spouse is the petitioner. Remember, with California beingness a no-mistake state, information technology doesn't matter if you're the petitioner or respondent – they're simply titles.
Response
FL-120: Response
A mutual question is, "Exercise I have to request a divorce if I don't want to get divorced?" The answer is "no." It doesn't finish the divorce, and is only a statement whether or not you agree with information technology. The important thing is you lot preserve your legal rights by filing this response. Check the box for "Dissolution (Divorce) of:," along with the box for, "Marriage." Note that dissolution is a fancy term for "divorce."
Instance number: Your case number is going to be the same every bit what is listed on the petition, in the same surface area on both forms. You lot have the aforementioned case number as your spouse and that's the same case number that you lot're assigned for the life of your instance.
ane: Human relationship and 2: Residency
FL-120: i – Relationship and ii – Residency
Equally the respondent, you are going to be asked very similar questions to what was asked of the petitioner in the petition. The reasoning backside this is so you have an opportunity to certificate your side of the story, and whether you lot agree or disagree with what is stated in the petition.
Legal Relationship: Jane and John have been married, and then she is going to cheque the box "1a."
Residence Requirements:
In California, jurisdiction is required in society to obtain a divorce. Jurisdiction is the legal term for "authority," or "power," so the courtroom needs to accept jurisdiction or the ability to hear your example. In your case, it ways 1 of the parties has to be in California for at least 6 months (physically in California), and a resident of the county you're filing in for at least 3 months.
With our sample couple, permit's say John lived in Florida, and wanted to file for divorce in California. As long equally Jane meets the residency requirement being in California for six months and in one county for at least 3 months, he could file for divorce in California. We're going to assume that Jane has met the to a higher place requirement, so we're going to check the box, "2b." If you and your spouse both meet this requirement, you could bank check both boxes. Remember, at to the lowest degree one of you lot need to meet this requirement, otherwise you don't qualify for a divorce in California.
3: Statistical Facts
FL-120: 3 – Statistical Facts
Statistical Facts: Bank check the box for "3a," and input the date y'all were married. It'south common that people forget their wedlock date, so don't feel embarrassed if you lot accept to become dorsum and expect at your marriage certificate or ask your parents. Sometimes, your spouse might get it wrong. And so this is your chance to correct information technology and input the actual date of marriage.
Engagement of Separation:
The adjacent question is going to be the date of separation, which is a very important legal concept. It is the date that you believe the marriage was over. This date is subjective, and tends to be the question where the petition and response practise not marshal. In some cases, it's clear cut and very specific. But if your appointment differs from what your spouse placed on the petition, I don't want yous to feel pressured to change your date so they match. Information technology's important to understand that there are legal consequences to this appointment. Anything caused, earned, or incurred after that date of separation is going to be your separate obligation or asset (or your spouse'due south split obligation or asset) depending on who caused or incurred information technology. For case, if I am the respondent and I believe the date of separation was today, and my husband won the lottery tomorrow, that would exist all his separate property. Likewise, if I won the lottery the solar day after the date of separation, that would be all my earnings. If the lottery was won during the marriage, it would exist considered what we call "community property," or presumed to be fifty/50.
Date of Separation & Length of Wedlock:
The other fashion the date of separation is important is considering information technology determines the length of your marriage. If your union is under 10 years, it is presumed to exist what we phone call a "short term marriage." If it's over 10 years, we assume that you have what'southward considered a "long term marriage." Long term marriages in California have implications when it comes to spousal back up (alimony). If you accept any questions regarding the length of your marriage or you're somewhere in between that 9 to eleven year mark, you probably want to talk to an chaser or practice some more research and empathize your rights and obligations when it comes down to a long term vs. a short term marriage. Be sure to input the elapsing of the marriage nether "(iii)."
4: Small Children
FL-120: 4 – Modest Children
Children born before or born (or adopted) during the marriage or domestic partnership fall into this category. In this definition, stepchildren practice non count. Children with a different parent involved practice non count as a child of the relationship (unless they're adopted) either. In our sample example, we are using the 2 minor children Susan and Ryan, so you'd check box, "4b," and input your child's proper noun(southward). Middle names are not required, but yous do need a offset and last name, and avert using nicknames. Input engagement of birth, age, and gender.
4d: As part of the paperwork that yous were served with, at that place should take been 2 bare documents, FL-120 and FL-105. This portion is reminding you non to forget to complete and file FL-105 with this form, FL-120.
5: Legal Grounds
FL-120: 5 – Legal Grounds
As discussed previously, California is considered "no fault" state, pregnant that either i of you tin ask for a divorce and the country doesn't care if you're the petitioner or the respondent. California also doesn't really care why you're getting a divorce. The cause behind the divorce doesn't have an touch on the avails or debts, and sometimes a divorce ends up fair, and sometimes it ends unfair. But either fashion, California as a state has adopted a policy that it doesn't want to deal with the reasons for the divorce. As a result, nosotros generically term the ultimate reason equally, "irreconcilable differences."
The merely other grounds for divorce in California would exist the permanent legal incapacity to make decisions. This is i of the major changes that took identify with this class. The term previously listed, "incurable insanity," and nosotros'd receive a number of questions related to this. "Well, I think my spouse is insane. Can I just put that?," or, "You lot know, it would exist kind of funny. Can I put that my spouse is incurably insane?" In reality, this pick is referring to a permanent legal incapacity to make decisions. If your spouse has been diagnosed with Alzheimer'southward, or they've had a traumatic brain injury that renders them incapable of taking care of themselves or making any kind of decisions, this would exist the box to bank check.
6. Child Custody & Visitation
FL-120: 6 – Kid Custody & Visitation
Legal Custody:
Legal custody can exist stated, "Who has the right to brand decisions about the child's life?" We're talking virtually impactful areas, such equally medical decisions, child care, schooling, sports or extracurricular activities, and solar day to twenty-four hours decisions that parents must make when information technology involves their kids.
In this sample case, Jane wants to make these decisions with John and share the big decisions when it comes to the kids. So we're going to check the box, "6a," and nosotros're going to check "joint."
Physical custody:
This refers to where a child physically lives or resides. If information technology is with petitioner, it ways that the child lives primarily with the petitioner, and spends visitation or periods of time with the respondent (in this instance, Jane), or vice versa – lives with Jane, visits John. That's what concrete custody refers to. If nosotros have "joint," information technology ways that both parents take substantial periods of time with the kid. Visitation will be granted to both of them – petitioner and respondent. Visitation refers to the parenting fourth dimension, how much time each of yous is spending with the child. In our sample case, we're going to check both boxes – petitioner and respondent.
7: Child Support
FL-120: 7 – Kid Back up
In that location'due south nothing required to consummate this department, but it'due south important to know that anytime at that place's a child involved in a divorce, the effect of child back up is automatically included. There'southward nix you can practice to waive or terminate this effect. This deals with your children, and they have rights only similar anyone else. The two of y'all can elect to avoid paying child support dorsum and forth, just you can't end the issue.
The other aspect would be the earnings (or wage) consignment. We often hear both ways, which is, "How practice I make certain that I go child support?," or "How practise I preclude my wages from being garnished?" The respond is you tin't really do either. Child support tin exist by wage consignment, backed by police force, and tin come straight out of the paycheck of the parent paying kid support. You two tin can agree to do information technology a different manner, merely if you can't agree, that's the fashion information technology volition become.
8: Spousal Support
FL-120: 8 – Spousal Back up
Spousal support is another term for pension, or essentially support from one person to the other for maintenance purposes. Child back up and spousal support are completely dissever, then keep that in mind. Spousal support is considered income, so if you lot are receiving spousal support, it'south taxable income to yous, and whoever is paying spousal support can deduct information technology on his or her taxes.
In our sample example, allow's assume that Jane wants spousal support from John. She'southward going to check the box, "8a," so she'southward asking for spousal support payable to her (the respondent). Check the appropriate box based on your needs. We'll too assume that Jane doesn't desire to pay spousal support to John, so it's important to read the boxes carefully. Jane would check "b," followed by the box for "Petitioner" because doesn't want to pay support to John. If Jane isn't certain she wants to receive spousal support, and she'south uncertain if she wants to pay spousal support, she can check box "c" to reserve this subject and keep it pending to revisit in the future.
9: Dissever Property
FL-120: ix – Split Property
The next particular is split property. Separate belongings is defined as annihilation acquired before marriage, and so in this sample case, before Feb 24th, 2004, or after separation on January 16th, 2015. For example, Jane wins the lottery on January 17th, 2015, and then the winnings are presumed to exist her separate property. In this case, we're going to assume there is no separate property, and so we're simply going to bank check the box, "9a."
In your particular situation, if you take separate property, you want to list it in "9b." If you have a machine that you purchased before marriage, you want to list it and under "Confirm to," you'll input "Respondent."
10: Community Property
FL-120: 10 – Customs Property
The next result is customs belongings. Community property is anything acquired during your marriage, so in our sample instance, anything acquired February 24th, 2004 until January 16th, 2015. Anything acquired during that time, whether information technology's in John's name or Jane'southward name, is presumed to be community property.
We want decide rights to community and quasi customs assets and debts, and nosotros're going to list them follows. It's recommended to avoid inputting, "to be adamant," or "see attached list at a later date," or "volition be provided later on," or "unknown at this time." We don't advocate this route. We prefer more specificity as information technology leads to better communication. It paints a clear picture for the court, the approximate, yourself, and your spouse. Our recommendation is to list the property. This doesn't mean that you create a listing of 30 pages, and it doesn't mean you inventory the contents of your entire firm and list every pot and pan and piece of linen that yous've got. In this case, we are going to list the sample family residence, the real property located at 124 Rose Street, metropolis and state, and include, "and its encumbrance" or you lot could input, "and the mortgage or its debt." Basically, very few people own a house outright, then nosotros'll assume that there is a mortgage like most people in America. We're going to put a semicolon, and we're going to list the next items which will be vehicles, as near people take vehicles. Most have bank accounts, so y'all'd include those as well. You'd besides list things such equally life insurance policies, credit carte debt and loans, which are things that also need to be listed because they'll be divided at some bespeak in time.
11: Other Requests
FL-120: 11 – Other Requests
In Jane's case, she wants attorney fees, so permit's check "11a." Jane wants attorney fees and costs, payable by John, and so we cheque the box "Petitioner."
Qualification for chaser fees:
There are two code sections in California that originate the basis of attorney's fees. The showtime would be family code department 2030, which is a need-based award. This covers a scenario with a large gap between each political party and their yearly incomes. Your need for attorney fees, and the other party'south ability to pay are examined. The other reason for attorney fees would be family code section 271, which can be categorized as a fine or sanction for bad behavior. Assume your spouse doesn't show up to court, or shows up to courtroom late. Or, they file frivolous pleadings, or state things that aren't true. These circumstances are typically what the court would see every bit "bad," so the fees would be considered fines or sanctions equally a event.
The next particular would be 11b, "Respondent's former proper name exist restored to." You lot do not have to restore your maiden name, simply you can change your listen at any time in the divorce procedure. Even after the judgment is entered, yous tin elect to change your maiden proper noun, or you can choose to hyphenate. Nobody can object to this, and so it'southward 100% your choice. Assuming Jane wants to restore her one-time name, she would input, "Jane Johnson."
Date, impress name, and signature: You are the respondent, so you're going to blazon (or print) the engagement and your name on the first line. Input your signature off to the correct.
If yous have modest children, you also need to file FL-105, but this grade is your important document. When you've been served with the petition and the summons, the summons is going to tell yous that you have 30 days to reply. This is the document you need to file and serve within 30 days in society to protect your rights and make sure y'all're participating fully in the divorce.
And so we've just completed your response, which is FL-120, and again, this grade applies to the respondent. If you lot are a respondent with minor children, you lot'll want to watch the video on FL-105 to assist with completing your UCCJEA (required if y'all have pocket-sized children of your marriage).
You lot may find information technology very helpful to go and watch the videos on the other series for the petitioner, which would be:
- The Petition, FL-100,
- The Summons, FL-110,
- The Proof of Service of Summons, FL-115,
- The Notice and Acknowledgement of Receipt, FL-117
Next in our series are going to be covering forms that everybody fills out, whether yous're the petitioner or respondent, termed your financial disclosures. They're comprised of four different documents:
- Income and Expense Proclamation, FL-150,
- Schedule of Assets and Debts, FL-142,
- Declaration of Disclosure, FL-140,
- Declaration regarding Service of Proclamation of Disclosure and Income and Expense Declaration, FL-141
You lot may accept noticed that these are listed out of numerical club, and that's very intentional. The video series is fix with the intention of roofing the most difficult forms first (FL-150 and FL-142), and and then wrapping up with the easier forms, which are FL-140 and FL-141.
Source: https://cristinlowelaw.com/practice-areas/divorce/respondent-with-children/california-divorce-form-fl-120/
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