The preparation of forms is very complicated and San Diego divorce attorneys have the most recent forms on computer programs which insure that the form is completed correctly and that all necessary forms are filed. It is not uncommon to not have the correct forms and for a filing to be rejected by the Clerk’s Office.
While this happens to every attorney at some time, it happens more often with persons who are representing themselves as the forms are complex and more than one form is required to be filed for many motions. Failure to file the correct forms can result in not obtaining the relief you are asking for.
Forms: In all divorce and family law cases, there are mandatory forms which have to be filed and served. These are contained in the Judicial Council Forms and can be very confusing. In order to file for a divorce, one party has to file the petition and a summons will be issued.
In San Diego County, in addition, there is a form for the address of the party who is filing for assignment to one of the court houses in San Diego which could be the main divorce and family law court house in San Diego or could be the court house for divorce and family law in Chula Vista or could be the court house in El Cajon for divorce and family law or could be the divorce and family law court house in Vista. This is a case assignment form.
In addition, if there are issues of custody and visitation, a form will also need to be filed which is called the UCCJEA as well as a Family Court Services Form if an Order to Show Cause for custody and visitation is filed concurrently with the initial pleadings which is often the case. An Order to Show Cause is a hearing requesting temporary orders for custody and visitation {parenting plan} as well as child support, spousal support, attorney fees and costs and any other issue which needs to be addressed on a temporary basis.
The Uniform Child Custody and Jurisdictional Enforcement Act (UCCJEA) is a mandatory form for the residence of the child or children and must be filed with the initial pleadings.
One of the most complicated and confusing forms to complete during the preparation of forms is the Income and Expense Declaration which is Family Law Form 150. This form is one of the mandatory pleadings forms for the preliminary declaration of disclosure. It is a four page form and begins with the employment of the party including employer’s name and address and also the last three pay stubs for employed parties need to be attached. It also asks for tax information and then asks for the estimate of the other parties income.
On the first page is the “jurat” which is the declaration under penalty of perjury: “I declare under penalty of perjury under the laws of the State of California that the information contained on all pages in this form and any attachments is true and correct.” On page two of four the first section is for all income. This includes income from all sources. A full disclosure must be made.
In addition, there is a section for deductions for items such as required union dues, required retirement payments, medical, hospital, dental and other health insurance premiums, child support paid for another relationship which is court ordered, spousal support that is paid by court order for a previous marriage and partner support paid by court order from any different domestic partnership.
In addition, on page two, is a section for listing of assets which include checking accounts, savings accounts, credit union accounts, money market accounts and any other deposit accounts as well as stocks, bonds and all other property real and personal. On page three of the four page form, is a listing of the persons who reside in the same household with the party including information such as their name, age, relationship, income and whether or not they pay some of the household expenses.
In addition, the average monthly expenses are broken out into different categories including rent, mortgage, taxes, insurance, health care costs, child care, groceries, utilities, telephone, laundry, cleaning, clothes, education, entertainment, gifts, vacations, auto expenses, savings, investments and other monthly payments. In addition, the attorney fees are listed and the hourly rate. There is a also a detailed section for installment payments.
On page four is listed child support information. This includes the following information: number of children; children’s health care expenses; chid care, education or other special needs and special hardships being claimed. Special hardships can include extraordinary health expenses, major losses not covered by insurance, and other factors.
Another very complicated form is the Schedule of Assets and Debts which is Family Law Form 150. This is not normally filed with the Court and states so on the top of the form. This is mandatory for the preliminary declaration of disclosure and statements and other documentary proof needs to be attached in support which are normally financial documents from lenders and others.
There are many different categories. All property must be listed whether or not it is community property. There is a box to check if this is separate property. These include real estate, household furniture, furnishing, appliances, jewelry, antiques, art, coin collections, vehicles, boats, trailers, savings accounts, checking accounts, credit union accounts, other deposit accounts, cash, tax refund, life insurance with cash surrender or loan value, stocks, bonds, mutual funds, secured notes, retirements, pensions, profit sharing, annuities, individual retirement accounts [IRA], deferred compensation, accounts receivable, unsecured notes, partnerships, other business interests and any other assets.
In addition, the schedule of assets and debts also includes information on debts and not only assets. These include student loans, taxes, support arrears, loans both secured and unsecured and credit cards.
All of the assets are totaled and all of the debts are totaled and this will determine whether this case is a positive asset case or a negative asset case.
Contact Us Online or call us at 858-376-4065 in Southern California. Our San Diego divorce attorneys will be pleased to offer you a complimentary and confidential consultation up to a length of 30 minutes to discuss strategies and techniques to assist in protecting your rights and trying to obtain your legal goals related to the preparation of forms.