California > Local County > Santa Clara > Family Law
Family Law Judgment Checklist Dissolution (Divorce) Legal Separation And Domestic Partnership FM-1052 - California
| Family Law Judgment Checklist Dissolution (Divorce) Legal Separation And Domestic Partnership Form. This is a California form and can be used in Family Law Santa Clara Local County . |
|
||||||
 Get this form for FREE as a print-only pdf |
|||||||
|
ATTACHMENT FM-1052 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME: PETITIONER/PLAINTIFF: FOR COURT USE ONLY RESPONDENT/DEFENDANT: FAMILY LAW JUDGMENT CHECKLIST DISSOLUTION (DIVORCE), LEGAL SEPARATION AND DOMESTIC PARTNERSHIP Attorney/Mediator Self-Represented Party INSTRUCTIONS: CASE NUMBER: Use this checklist to show the Court that you have turned in all the forms needed to get a Judgment in your case. There are four types of cases: 1. 2. 3. 4. True Default - no Response filed, no written agreement Status only Judgment - termination of marriage is the only issue Default case with written agreement - no Response filed Uncontested - appearance by both parties and a written agreement. Check the box below for your type of case (one of the four listed above). Then complete all the items in that checklist. You only need to complete the checklist for your case type. All items must be completed either by checking each line to indicate you have filed that form or by marking "N/A" to say that an item is not applicable. Submit an additional copy of page 1 of the Judgment. So that we can get your forms back to you, please turn in an envelope that is addressed to you, is large enough and has enough postage. If you do not want your forms mailed, give us other instructions. TRUE DEFAULT CASE (no response filed and NO WRITTEN AGREEMENT between the parties) 1. Proof of Service of Summons [FL-115] (check one of the following): Personal Service [FL-115] Notice and Acknowledgment of Receipt attached [FL-117] Service out-of-state by certified mail with receipt attached [FL-115 or out-of-state form] Other, (please describe) 2. Request to Enter Default [FL-165] with one (1) self-addressed envelope with postage prepaid Income and Expense Declaration [FL-150] (if you are requesting spousal support or attorney fees/costs) Financial Statement (simplified) [FL-155] (if you have a minor child, you are not requesting spousal support or attorney fees/costs, and you qualify for this form according to the instructions on page 2 of the form; if you have a minor child and you do not qualify, you must complete an Income and Expense Declaration) Property Declaration [FL-160] (if you have requested any property in your petition) FAMILY LAW JUDGMENT CHECKLIST Dissolution (Divorce), Legal Separation and Domestic Partnership FM-1052 REV 1/01/13 Page 1 of 4 American LegalNet, Inc. www.FormsWorkFlow.com ATTACHMENT FM-1052 3. 4. Declaration for Default or Uncontested Dissolution/Legal Separation [FL-170] Declaration Regarding Service of Petitioner's (Preliminary) Declaration of Disclosure [FL-141] (submit endorsed-filed copy if previously filed) Declaration Regarding Service of Petitioner's (Final) Declaration of Disclosure or Waiver of Final Declaration of Disclosure [FL-141] Judgment [FL-180] (You must request that spousal support be ordered, terminated or reserved for both parties) If you are requesting property division include Property Order Attachment [FL-345] 7. The marriage/partnership is over 10 years in duration, or termination of spousal/partner support for the respondent is requested, include: Spousal or Partnership Support Declaration Attachment [FL-157] Current Income & Expense Declaration [FL-150] Spousal, Partner, or Family Support Order Attachment [FL-343] or other proposed written order (attach to Judgment) 8. If there are minor children in the case attach a: Child Custody and Visitation Attachment [FL-341] Child Support Order Attachment [FL-342] Guideline Child Support Calculation (Judicial Council approved software) Non-Guideline Child Support Findings Attachment [FL-342(A)] Notice of Rights and Responsibilities/Information Sheet on Changing a Child Support Order [FL-192] Child Support Case Registry Form [FL-191] Order/Notice to Withhold Income [FL-195] 9. 10. Notice of Entry of Judgment [FL-190] and two (2) self-addressed stamped envelopes (one for each party) Other (Identify any optional form included): 5. 6. STATUS ONLY JUDGMENT (Termination of marriage is the only issue addressed) 1. Proof of Service of Summons [FL-115] (check one of the following): Personal Service [FL-115] Notice and Acknowledgment of Receipt attached [FL-117] Service out-of-state by certified mail with receipt attached [FL-115 or out-of-state form] Other, (please describe) 2. Request to Enter Default [FL-165] with one (1) self-addressed envelope with postage prepaid Income and Expense Declaration [FL-150] (If you are requesting spousal support or attorney fees/costs) Financial Statement (simplified) [FL-155] (if you have a minor child, you are not requesting spousal support or attorney fees/costs, and you qualify for this form according to the instructions on page 2 of the form; if you have a minor child and you do not qualify, you must complete an Income Expense Declaration) Property Declaration [FL-160] (If you have requested any property in your Petition) FM-1052 REV 1/01/13 FAMILY LAW JUDGMENT CHECKLIST Dissolution (Divorce), Legal Separation and Domestic Partnership Page 2 of 4 American LegalNet, Inc. www.FormsWorkFlow.com ATTACHMENT FM-1052 3. 4. 5. 6. 7. 8. 9. Appearance, Stipulation, and Waivers [FL-130] (if Response was filed) Declaration for Default or Uncontested Dissolution/Legal Separation [FL-170] Declaration Regarding Service of Petitioner's (Preliminary) Declaration of Disclosure [FL-141] Also need Respondent's Declaration if a Response was filed. Stipulation and/or Order for Bifurcation (pleading form) Judgment [FL-180], with the Bifurcation of Status of Marriage or Domestic Partnership [FL-347] attached Notice of Entry of Judgment [FL-190] and two (2) self-addressed stamped envelopes (one for each party) If either party has a retirement plan (if you do not check this box, you are certifying that neither party has a retirement plan) All retirement plans must be joined to the proceeding pursuant to Family Code §2337(d)(1), AND The Status-Only Judgment includes an order disposing of each party's interest in retirement plans benefits, including survivor or death benefits, OR The Status-Only Judgment includes an interim order [on FL-347] preserving the nonemployee party's right to retirement plan benefits, including survivor and death benefits, pending entry of judgment on all remaining issues, OR The Status-Only Judgment includes the Pension Benefits Attachment to Judgment [FL-348] DEFAULT CASE WITH WRITTEN AGREEMENT (no response filed) 1. P
|
|||||||
