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Add Plan of Dissolution initials

here in dissolution response step 1 we will give you some important information regarding how to respond to a dissolution of marriage or legal separation then you will complete your response forms and have them reviewed in section 3 you will file your response forms we also included a brief section on creating temporary orders if needed a check mark will fill the box after you complete each section before you begin here are some important things to know there are three ways to end a marriage in California divorce legal separation or nullity a divorce in California is legally called a dissolution of marriage this case tracker is only intended for parties who wish to file a response to a divorce or legal separation in Orange County if you'd like to learn more about legal separation or nullity of marriage there is also a simpler alternative process with strict requirements called summary dissolution if you have been served with a summons and petition in a dissolution case read the papers you have received carefully the petition tells you what the petitioner who's your spouse or domestic partner is asking for in the dissolution the summons tells you that you have 30 calendar days to respond to the summons and petition the summons also gives you important information about your rights and contains some standard restraining orders limiting what you can do with your property money and other assets or debts the summons also prohibits you or your spouse or domestic partner from moving out of the state with your children from your marriage or partnership and from applying for a new or replacement passport for any of your children without the prior written consent of the other parent or a court order read this form very carefully once you are served you have several options you can do nothing and not respond to the dissolution which means that whatever your spouse or domestic partner is asking for in the petition will probably be granted this situation is called a default you can also do nothing but have a written agreement with your spouse or domestic partner and this situation is called a default with agreement you can file a response but also reach an agreement with your spouse or domestic partner and this situation is called uncontested or you can file a response and disagree with your spouse or domestic partner on some or all of the issues this situation is called contested in most cases you'll need to pay a fee to file the papers with the court Orange County Superior Court has his fee schedule at this link find out how much your fee will be keep in mind your case falls under the dissolution of marriage petition or other first paper if you cannot afford the fee you can request a fee waiver there are three ways to qualify for a fee waiver if you are receiving public benefits such as the ones listed here if your household income before taxes is less than the amount listed on Form FW - 0 0 1 in item 5b if the court finds that you do not have enough income to pay for your households basic needs and the court fees carefully read form fw zero zero one information sheet completely fill out the application and order to waive court fees sign your request for a fee waiver under the penalty of perjury penalty of perjury means you must tell the truth and your answers must be accurate and complete make one copy of your completed forms fw 0 0 1 + fw 0 0 3 so you have one for your records and turn in your fee waiver form to the clerk at the same time you give him or her your other form packets the clerk will tell you how long it will take to process your request for a fee waiver in order to file for dissolution in California certain residency requirements must be met which means that either you or your spouse must have lived in California for the last six months and also resided in the county where you plan to file the divorce for the last three months however if you and your spouse have lived in California for at least six months but in different counties for the last three months you can file in either County California is a no-fault divorce state the spouse that is asking for divorce does not have to prove that the other spouse did something wrong to get a no-fault divorce one spouse has to state that the couple cannot get along this means there is no guilty or non guilty person from the courts point of view legally this is called irreconcilable differences the only thing the court is interested in is helping the separated spouses or partners reach a fair agreement about how their life will be restructured after the divorce so they can go ahead and rebuild their lives when you start a divorce you can ask the judge to make orders about custody and visitation child support spousal or partner support the division of your property and who will be responsible for paying debts you can also ask the judge to make other orders about things like domestic violence if you have been a victim of domestic violence make a safety plan before you tell your spouse do you want to divorce call one eight hundred seven nine nine seven two thirty three to find a domestic violence agency in your county there is also a local resource for domestic violence in Orange County called weigh makers if you are worried about how a divorce will affect your immigration status talk to an immigration lawyer or a family law lawyer with a lot of experience with immigration issues immigration law can be very complicated especially as it relates to divorce you are ready to begin if you meet jurisdictional requirements and you do not qualify for a summary dissolution let's visit your options and filling out your forms if you want specific legal advice about how to fill out your court forms you should consult with an attorney what you write on your court forms can be very important and can affect the outcome of the case so it is critical to be accurate and complete and an attorney can help you figure out how to fill out your forms so they accurately reflect your position this is especially important if you think you and your spouse or domestic partner are likely to disagree about some of the issues the court forms address an attorney can represent you for your entire case or you can hire the attorney for only the parts you may require special help with this is called a limited scope representation or unbundling if this path seems best for you here are some links that may prove helpful if you wish to fill out the forms yourself here are some suggestions and helps we know you are busy but if time permits we strongly encourage you to sign up for one of our workshops here at the court to assist you in completing the forms our experienced staff will help you fill out your forms respond to any questions you have about your forms and we'll give your forms a professional review we will also print out the forms for you and prepare them for filing this service is completely free and our staff are skilled at guiding you through the process however please remember the self help staff cannot give you legal advice for that you will require an attorney before attending the first workshop you will need to have the registration packet filled out and ready for the self help staff write legibly and with dark ink please be sure to fill out the form packet completely if you are unsure about a question please do the best you can here is a quick review of the self-help registration packet when filling out your homework packet for this workshop give yourself plenty of time to fill in each of the questions on all six pages if you leave any questions blank you will not be admitted into the workshop be prepared to provide information on you and your spouse or domestic partner any court cases you or your partner and our children are or were involved with the children you have in common all of your assets and debts and those of your partners whether or not they were acquired during your relationship your current income and your current expenses please read the front cover of your packet for important information about the workshop when filling out your forms write legibly and accurately when the self-help team receives your packet they will type your homework answers into your court forms so it's very important you make sure your answers are correct complete and legible in the first portion of this forum we want to know about you and your spouse or domestic partner put in the month day and year of the date of your marriage or registered partnership regarding the date of separation give us the date you feel there was a complete and final break in the marital relationship we will go into more detail on this date in the workshop and can respond to your particular situation but give us a date as accurately as you are able in what city and state was your marriage or domestic partnership established then the current complete address phone number and check yes or no to both questions for both spouses have you or your minor children been involved in other court cases with your spouse or domestic partner if so give us the case numbers and counties where the cases occurred use the space below other or on the back side of this page if there is not enough room to represent all of the information needed at the top of this page give us the number of children you have with your spouse or domestic partner do not include children from other relationships here in child 1 please enter the full name and information for the oldest child you have with your spouse or domestic partner start with the most current address list all the places your child has lived for the past 5 years or if the child is younger than five years Lissie address history since birth enter the names and relationships so that people that child lived with during each timeframe here please list any other children you share with your spouse or domestic partner and include the place of birth date of birth and sex if all the children have lived together during the same timeframe you do not need to complete other children's addresses you only fill this section out if there's a different address history for one or more of your children we know this is a time-consuming process but all this information is necessary to help you with your dissolution case itemize all assets for both or either of you and use the back of this form or a separate piece of paper if there isn't enough room include everything even if it was acquired before the marriage or domestic partnership or after the separation no need to provide an actual date real estate is for all amove above physical property like homes or land list your household furnishings and appliances here you may need the backside of this form for more room consider household items that are not attached to the home like exercise equipment or a washer and dryer set in this section consider other items of value when considering vehicles this can also include motorcycles bikes as well as skis and scuba equipment it is very important to list everything that currently exists even if you believe it's all yours or all your spouse's we will explain in more detail during the workshop but for now please make sure you list everything starting in section five the questions are more of a financial nature provide separate and joint information for you and your spouse or domestic partner with account numbers here in number seven include your credit union and deposit accounts if you have not already listed them above if you have already spent your tax return or it has been already deposited into your bank account put none in this box if either you or your spouse have a retirement or pension account such as CalPERS or Transamerica 401k plan include terror if it is unwrought IRA such as MetLife IRA included here finally in section 16 use this section for items of value that you don't feel there is another place for the same rule applies here so list all debts even if you think they are all yours or all your spouse's you must not leave anything out give us the information on your current job or if you are unemployed fill in the information for your most recent job if you have more than one job include the same information a through H in the blank space below now give us some information about your expenses list all persons living with you who depend on you for support or on whom you depend on for support please list their names ages and relationships to you in these fields do not include any roommates also check whether or not each person helps pay some of the monthly household expenses most people's expenses vary slightly from month to month so check the estimated box and give us an average of your household monthly expenses be as accurate as possible and estimate the expenses to the best of your knowledge savings can be your money left over at the end of the month other monthly expenses can be gym membership voluntary retirement contributions and so forth for the installment payments section please make sure you do not include expenses you have already listed above for example if you include your monthly car payment in your expenses and letter I above you would not list the car payment again under installment payments finally list your monthly payroll deductions and amounts if you get paid once a month this is easy just copy the numbers over to the monthly deductions on your homework but if you get paid weekly bi-weekly or twice a month you can convert the information on your pay stub by using these formulas the remainder of this homework packet is to provide you with legal definitions of terms you may find useful before attending our workshop if you do not require an attorney and are unable to attend a workshop you can also fill out the forms yourself there are a couple of ways to do this you can fill out your forms online with the Odyssey guide and file it will walk you through the forms and then print them out for you when you are finished when you enter the site click on the requesting a divorce separation or nullity to start then register when registering please be sure to be accurate and completing your information this will be printed on your forms click on start when you're ready there's an instructional video at the beginning you may find interesting once your forms have been printed out you should still have them professionally reviewed you can also use fillable PDF or print out the forms and write them by hand we're completing your forms keep the following tips in mind our forms are in fillable PDF format however if you prefer to handwrite your forms you can download and print the forms from the following links or pick up a packet at the self-help Center at the court if you are writing by hand please use dark blue or black ink and print clearly be as thorough and precise as possible use full legal names each and every time your address must be complete verify your apartment number and zip code have been correctly written down each time telephone numbers must include area codes here are the forms you will need you our first form is the response to petition or FL 120 in this form you will give the court some basic information about your marriage or domestic partnership and you can ask for the orders you want the court to make if you need more room to list your property and debts you may use one or two property declaration form fl160 the declaration under uniform child custody jurisdiction and Enforcement Act or UCC JEA which is form FL 105 if there are minor children of the marriage then this form must be completed the family law declaration regarding related cases form L 1 1 2 0 is an Orange County form that allows the court to cross-reference any other cases that you may have that can involve the same subjects or parties to your divorce now that you have completed your forms it's very important to have them professionally reviewed before filing the Orange County Superior Court self-help Center offers many free services including document review although they cannot provide legal advice they can make sure you've filled out your forms properly before you move ahead with your case please visit the Orange County Self Help website for location and hours of operation you may also sign up for many how-to workshops right here on our self-help portal select the schedule a workshop link on the left and filter for the workshop you want you can also hire your own lawyer to review your papers or get legal advice either with your entire divorce case or just the parts of it that you may need more help with this is called limited scope representation or unbundling here are some links that may prove helpful once your forms have been filled out and reviewed you will need to take your original forms and make two copies of them giving you a total of three form packets in the previous section you completed your forms had them professionally reviewed and created three packets of your forms now it's time to file your forms and pay your fees take your three form packets to the family law clerk's office at the lamoureux justice center in orange room 706 if there are no obvious errors the clerk will take the original of each form will issue you a case number and returned the two copies to you stamped filed one of the copies is for your records and the other must be served on your spouse or domestic partner in most cases you'll need to pay a fee to file the papers with the court Orange County Superior Court has his fee schedule at this link find out how much your fee will be keep in mind your case falls under the dissolution of marriage response or other first paper if you cannot afford the fee you can request a fee waiver there are three ways to qualify for a fee waiver if you are receiving public benefits such as the ones listed here if your household income before taxes is less than the amount listed on Form FW - 0 0 1 in item 5b if the court finds that you do not have enough income to pay for your households basic needs and the court fees carefully read form fw zero zero one information sheet completely fill out the application and order to waive court fees sign your request for a fee waiver under the penalty of perjury penalty of perjury means you must tell the truth and your answers must be accurate and complete make one copy of your completed forms fw 0 0 1 + fw 0 0 3 so you have one for your records and turn in your fee waiver form to the clerk at the same time you give him or her your other form packets the clerk will tell you how long it will take to process your request for a fee waiver even though you completed the previous steps it's important for you to understand you are not divorced according to California law the divorce process will take at least six months and one day from the date that you were served with the summons your case can take longer than six months but it cannot be faster you have now completed step one of the response to dissolution of marriage case tracker you must now have the other party served with a copy of your filed documents continue to step two to learn how as we mentioned earlier you may ask the court to make temporary orders which is called a request for order or an RF Oh an RF oh can be used to request a temporary order for child custody visitation or parenting time child support spousal or partner support or other matters you can file a request for order at any time during your dissolution case this is also true if you need to change a prior court order however please keep in mind that a request for order will require a court hearing and can often take longer than the time it takes to bring your case to judgment it is also possible you may have been served with a request for order by the other party if you have received a request for order form FL 300 carefully read the papers you received to make sure you understand what orders are being requested there will be a date time and location for the hearing make note of it and be sure to attend carefully read the instructions for form FL 320 and fill it out form FL 320 the responsive declaration to request for order is the basic form you need to file with the court depending upon your request you may need additional forms please review form FL 320 info to determine which additional forms are necessary if you are unsure you may want to talk to an attorney to assist you file your original FL 3:20 form and two copies with the court at the Lamoreaux Justice Center room 706 at least nine court days before the hearing to let the court know that you agree or disagree with each of the requests made in the rfo do not use FL 322 a score orders that were not requested in the original FL 300 instead file and serve your own request for order to ask for orders about other issues we have created form packets that include instructions your forms and the blank forms for the respondent these packets are in PDF format print them out and fill them out by hand read the instructions very carefully how you fill out your forms file and have them served to your spouse or domestic partner is extremely important form FL 300 requests for order is the basic form you need to file with the court depending upon your request you may need additional forms please review form FL 300 info and/or talk to an attorney to determine which additional forms are necessary you can download the specific rfo form packet that you need below when you complete your forms you will file your original request for order with any other forms you might need and two copies of the forms at the family law clerk's office at the lamoureux justice center room 706 the clerk will keep the original and then stamp filed on the copies one copy is for your records and the other is for your spouse or domestic partner also referred to as the respondent pay your fees or file a few waiver the clerk will also provide you with a hearing date time and location which is found on page 1 of the request for order have the other party served with a copy of your paperwork unfortunately you cannot do it yourself the papers will need to be served by someone at least 18 years or older who is not involved in the case if the papers are served in person the service must be completed at least 16 court days before the hearing date if the service is by mail add an additional five calendar days for service in California read your packet instructions carefully to determine when to use a personal server or service by mail after your server serves the papers he or she will need to fill out the appropriate proof of service form found in your packet you will take this filled in and signed proof of service form back to the clerk's office and file it at least five court days before your hearing if your rfo involves child custody or visitation you will receive an order to attend mediation be sure to prepare for and appear at your hearing for information about preparing for the hearing the court may make temporary orders in your case if you have any questions please contact the Self Help Center though we cannot give you legal advice we can help you with the process