California Divorce

Divorce Information and Worksheet

Instructions: This worksheet is designed to be used by persons contemplating a divorce. It may also be used by your attorney. Completing this form before your initial interview with your attorney may save you valuable time and money.

Part 1 - Definitions – Terms and Explanations

1. Complaint The pleading used to commence a divorce action that is filed with the court clerk, usually in the county of residence of the parties.

2. Petition Same as complaint. Some States use the term Petition instead of complaint.

3. Plaintiff / Or Petitioner The person who files the complaint. May be called Petitioner if a Petition is used instead of a complaint. If a Joint Complaint is allowed, the parties may be called Co-Plaintiffs or Co-Complainants.

4. Defendant / Or respondent The person who the complaint is filed against. This person is usually required to answer the complaint within a certain number of days, or file a waiver to the complaint.

5. Co-Plaintiffs When both parties sign the complaint in a divorce action it is called a Joint Complaint or Joint Petition.

6. Summons This is a document signed by the Court Clerk and served on the defendant.

7. Cover Sheet Some states require a cover sheet to be filed with the complaint, petition or joint complaint which provides basic information about the parties and the action.

8. Information Sheet Same as Cover Sheet. Some states use the term Information sheet instead of cover sheet.

9. Waiver of Process In cases where the defendant does not desire to file an answer, or where the defendant agrees to the divorce, the defendant will file a waiver of process.

10. Entry of Appearance Often the defendant will include an entry of appearance with the waiver of process and the forms are sometimes combined into a single form.

11. Court Clerk Courts have clerks who handle the court papers, hearings and other matters.

12. Waiting Period Some states have a waiting period from the time of filing the complaint before the matter may be heard or a final judgment entered.

13. Final Judgment The form which concludes the divorce is called a final judgment.

14. Dissolution Some states use the term dissolution of marriage instead of divorce.

15. Declaration Same as Complaint or Petition.

16. Military Affidavit Under a Federal Soldiers and Sailors’ Civil Relief Act, a divorce action may not be allowed to proceed if the defendant is in the active military service.

17. UCJA Uniform Child Custody Jurisdiction Act.

18. Joint Custody Some States allow joint custody in certain cases where both parents are entitled to care for and obtain information about the children.

19. Physical Custody In States that use this term, it means the parent that will have physical custody of the children.

20. Legal Custody In some States, legal custody means that although one parent may have physical custody, both parents have joint legal custody.

21. Custodial Parent Same as parent with physical custody.

22. Non-Custodial Parent Parent that does not have physical custody.

23. Child Support Amount of money usually paid to the custodial parent for the maintenance and support of the children.

24. Child Support Factors In determining the amount of child support to be paid, the Courts and statutes have looked to child support factors.

25. Child Support Guidelines All states now have child support guidelines to assist the Court and parties in calculating the amount of child support that should be paid.

26. Visitation Right of the non-custodial parent to visit with the children, i.e. every other weekend.

27. Settlement Agreement Agreement between husband and wife settling all property, child support, custody, and other issues.

28. Residency Requirement The length of time one or both parties reside in the State before a divorce action may be filed.

29. No-Fault Uncontested agreed divorce.

30. Contested Divorce where one party does not consent to the divorce.

31. Jurisdiction The basis for the Court to hear a case.

32. Venue The proper county in which to file the divorce.

33. Cooling Off Period Required time interval between the date of filing and entry of divorce.

34. Financial Statement Statement of parties’ assets, liabilities, and net worth.

35. Filing Fee A fee that is paid at the time of filing of the complaint.

36. Child Support Worksheet Worksheet used to evaluate child support to comply with child support guidelines.

37. Uncontested Agreed divorce or divorce where defendant does not appear.

38. Separate Property Property not considered marital property.

39. Marital Property Property acquired during the marriage.

40. Equitable Distribution Division of marital property between husband and wife.

41. Joint Property Property owned by husband and wife equally.

42. Answer Pleading filed to respond to a divorce complaint.

43. Discovery Fact-finding process that takes place after the divorce complaint has been filed.

44. Interrogatories Written discovery questions from one party to another.

45. Deposition Oral questions from one party to another.

46. Request for Admissions Written questions in the form of asking a party to admit truth.

47. Fault Grounds Basis for divorce, such as adultery.

48. No-Fault Grounds Basis for divorce where there is no need to prove actual fault.

49. Irreconcilable Differences A typical no-fault ground for divorce.

50. Irretrievably Broken Same as irreconcilable differences.

51. Deadlines Time within which action must be taken, such as filing an answer.

52. Hearing Presenting testimony before the judge.

53. Pleading Documents such as the complaint, answer, etc.

54. Joint Complaint Complaint filed by both husband and wife.

55. Alimony/spousal support/maintenance Monetary award for the support of dependant spouse.

Part 2. - Your Personal Information

Your Name: U.S. Citizen Yes No

Address: Date of Birth:

Social Security Number:

City: State: Zip:

Where do you presently live, if different than address above?

How long have you lived at your present address?

How long did you live at former address, if applicable?

Birth State and County:

Have you ever lived in a community property state? Yes No

If yes, what state?

Do you have a known future residence address? Yes/No

If yes, list address:

Education level:

Describe your physical condition and any health problems you may have:

Describe any emotional problems you may have:

Employment

Where are you employed?

Position

Address City State Zip

Phone Fax

How long employed at present employer?

Previous employer: Position:

Address City State Zip

Education

Educational Level Degrees

Part 3. - Spouse Personal Information

Spouse Name: U.S. Citizen Yes No

Address: Date of Birth:

Social Security Number:

City: State Zip

Where does spouse presently live, if different than address above?

How long has spouse lived at present address?

How long did spouse live at former address, if applicable?

Birth State and County:

Has spouse lived in a community property state? Yes No

If yes, what state?

Does spouse have a known future residence address? Yes/No

If yes, list address:

Education level of spouse:

Describe spouse’s physical condition and any health problems he/she may have:

Describe any emotional problems spouse may have:

Spouse Employment

Where is spouse employed?

Position

Address City State Zip

Phone Fax

How long employed at present employer?

Previous employer: Position:

Address City State Zip

Education

Educational Level Degrees

Part 4. - Marriage

Place of Marriage

Have you ever been separated from your spouse before? Yes No

If yes, please provide dates and details of separation.

Are you now separated from your spouse? Yes No

If yes, provide details of separation.

What was date of separation?

Part 5. - Children

Name / Date of Birth

In what city and state were the children born?

Has there ever been any prior litigation regarding the custody of the children? Yes No. If yes, please explain:

Where do the children reside now? Husband Wife

Are there any special issues or circumstances to be considered regarding the children? Yes No

If yes, please explain:

Do the parents agree to terms of custody/visitation? Yes No

If Yes, please select:

Sole custody to Wife with reasonable visitation to Husband

Sole custody to Husband with reasonable visitation to Wife

Joint custody to Husband and Wife

Other-(describe)-

What is address where children presently reside?

Is wife pregnant? Yes No

If yes, what is due date?

Do the children have any special medical needs? Yes No

If yes, please explain:

Children’s Doctor

Address

City State Zip

Do the children require any special educational needs? Yes No

If yes, provide details.

Please provide day care address and how often the children are kept in day care, if applicable.

Please provide the name and address of any third party who routinely keeps or cares for the children.

Dentist Name:

Address City State Zip

Has there ever been any claim, allegation, investigation or litigation regarding child neglect or abuse? Yes No. If yes, please explain:

Part 6. - Prior Marriages

Your Prior Marriages

Name Date of Marriage Date of Divorce County/State of Divorce

Children from prior marriages?

Name Date of Birth

Do you pay support? Yes No If yes, what amount and how paid?

Do you pay alimony? Yes No If yes, what amount and how paid?

Your Spouse Prior Marriages

Name Date of Marriage Date of Divorce County/State of Divorce

Children from prior marriages?

Name Date of Birth

Does spouse pay support? Yes No If yes, what amount and how paid?

Does spouse pay alimony? Yes No If yes, what amount and how paid?

Part 7. Income

Income of Husband (Monthly / Yearly)

Salary   Monthly Yearly

Dividends   Monthly Yearly

Rental Income   Monthly Yearly

Notes Receivable   Monthly Yearly

Bonuses   Monthly Yearly

Business   Monthly Yearly

Commissions   Monthly Yearly

Other   Monthly Yearly

Total Income

Deductions from Income

Gross Pay

Less Social Security

Less Federal Withholdings

Less State Withholdings

Other Deductions

Net Pay

Income of Wife (Monthly / Yearly)

Salary   Monthly Yearly

Dividends   Monthly Yearly

Rental Income   Monthly Yearly

Notes Receivable   Monthly Yearly

Business   Monthly Yearly

Bonuses   Monthly Yearly

Commissions   Monthly Yearly

Other   Monthly Yearly

Total Income

Deductions from Income

Gross Pay

Less Social Security

Less Federal Withholdings

Less State Withholdings

Other Deductions

Net Pay

Part 8. - Monthly Expenses

Monthly Expenses (Average)

House Payment to Who Pays Total

Rental Payment to Who Pays Total

Car Loan to Who Pays Total

Car Loan to Who Pays Total

Electricity

Gas (Home)

Phone

Water/Garbage/Sewer

Groceries/Housewares

Cable TV

Internet

Laundry

Meals (other than house)

Clothing

Donations

Pest Control

Day Care

Gas/Oil/Auto Care

Entertainment

Property Taxes

Property Insurance

Health Insurance

Disability Insurance

Vacation

Education

Medical/Dental/Prescriptions

Student Loans

Other:

Total Monthly Expenses $

Part 9. - Joint Assets

JOINT ASSETS: DESCRIPTION OF JOINT ASSETS

Current Fair Market Value

Cash (on hand) $

Cash (in banks/credit unions)

Stocks/Bonds

Notes (money owed to you in writing)

Money owed to you (not evidenced by a note)

Real estate: (Home)

(Other)

Business Interests

Automobiles

Boats

Other vehicles

Retirement plans (Profit Sharing, Pension, IRA, 401(k)s, etc.)

Furniture & furnishings in home

Furniture & furnishings elsewhere

Collectibles

Jewelry

Life insurance (cash surrender value)

Sporting and entertainment (T.V., stereo, etc.) equipment

CD's

Other assets

Total Assets of Husband and Wife (Marital Assets) $

Part 10. - Retirement Accounts

Retirement Accounts Account Number Current Fair Market Value

Husband Accounts:

Wife Accounts:

Part 11. - Separate Assets of Husband

ASSETS: DESCRIPTION OF SEPARATE ASSETS OF HUSBAND

Cash (on hand) $

Cash (in banks/credit unions)

Stocks/Bonds

Notes (money owed to you in writing)

Money owed to you (not evidenced by a note)

Real estate: (Home)

(Other)

Business interests

Automobiles

Boats

Other vehicles

Retirement plans (Profit Sharing, Pension, IRA, 401(k)s, etc.)

Furniture & furnishings in home

Furniture & furnishings elsewhere

Collectibles

Jewelry

Life insurance (cash surrender value)

Sporting and entertainment (T.V., stereo, etc.) equipment

CD's

Other assets

Total Assets of Husband

Part 12. - Separate Assets of Wife

ASSETS: DESCRIPTION OF SEPARATE ASSETS OF WIFE

Cash (on hand) $

Cash (in banks/credit unions)

Stocks/Bonds

Notes (money owed to you in writing)

Money owed to you (not evidenced by a note)

Real estate: (Home)

(Other)

Business interests

Automobiles

Boats

Other vehicles

Retirement plans (Profit Sharing, Pension, IRA, 401(k)s, etc.)

Furniture & furnishings in home

Furniture & furnishings elsewhere

Collectibles

Jewelry

Life insurance (cash surrender value)

Sporting and entertainment (T.V., stereo, etc.) equipment

CD's

Other assets

Total Assets to Wife

Part 13. - Liabilities of Both Husband and Wife

LIABILITIES AND DEBTS

Debt of H, W, B Monthly Payment Current Amount Owed

Mortgages on real estate: (Home)

(Other)

Charge/credit card accounts

Auto loan

Auto loan

Bank/credit union loans

Money you owe (not evidenced by a note)

Judgments

Other

Total Debts and Liabilities of Husband and Wife $

Part 14 - Inheritance

Describe property inherited by husband (please provide dates)

Describe property inherited by wife (please provide dates)

Part 15 - Documents that may be needed, especially if the divorce is contested.

Federal, State, and Local Tax Returns

Payroll and W2 Forms

Deeds

Business Tax Returns

Mortgages

Leases

Bank Account Records

Stock Certificates

CD’s

Auto Titles

Insurance Petitions

Appraisals

Birth Certificates

INS Documents

Social Security Card

Marriage License

Prior Divorce Documents

Any and all documents relating to income, expenses and assets.

Premarital Agreement, if any, as well as any other written agreements between Husband and Wife

Part 16 - Settlement Worksheet

Property Settlement Agreement Worksheet

Who will receive title to the marital home? H W

Who will pay monthly payment on marital home? H W

Who will pay the utilities for the marital home? H W

What marital assets will husband receive?

What marital assets will wife receive?

What marital debts will wife pay?

What marital debts will husband pay?

What separate property of husband will wife receive?

What separate property of wife will husband receive?

What separate debts will be paid by husband?

What separate debts will be paid by wife?

Custody of children:

Custody to wife with visitation to husband

Custody to husband with visitation to wife

Custody to wife with visitation to Husband

Joint Physical and Legal Custody

Joint Legal Custody

Visitation times for non-custodial parent:

Parents will share in the decisions regarding the health of the children? Equally

Parents will share in the decisions relating to education of the children? Equally

Parents will share in the decisions relating to the religion of the children? Equally

Will non-custodial parent be notified before decisions regarding health and education? Yes No

Will non-custodial parent be entitled to access to medical, dental and educational records of the children? Yes No

Will Grandparents have specified visitation rights? Yes No

If yes, please provide names and details of visitation desired?

Will the last name of the Children remain the same? Yes No. If no, please explain:

Child Support:

Child support will be paid by H W

Amount of child support

When paid One Month Every two weeks

Health Insurance

Who will pay health insurance for child? H W

Alimony

Will Alimony be paid? Yes No

If yes, who will pay? H W

How often will alimony be paid?

When will alimony stop, if certain period of time?

Other Settlement Provisions:

Part 17. Typical No Fault Procedures

No Fault Procedures

1. A Complaint, Petition or Joint Complaint is filed in the County of your residence.

2. At the time of filing the complaint a filing fee is paid.

3. If you are using a Complaint instead of a joint complaint, the defendant will be served with a summons or will execute a waiver of summons and entry of appearance.

4. If a summons is required, the Defendant may file an answer admitting that a divorce should be granted based upon an agreement of the parties.

5. After the complaint and the waiver or answer are filed, you need to determine how to present a judgment of divorce to the court.

6. After the waiting period has expired, ask the clerk or court administrator for the proper procedure to present the judgment to the judge.

7. Present the Separation Agreement and Judgment to the Judge.

Part 18 - Witness Testimony

Summary: Some states require actual testimony, even in a no fault divorce. The sample below is only a sample of questions that a witness may be asked in an uncontested divorce.

Witness Testimony – Sample Questions and Answers

1. Please state your name.

Answer:

2. Where do you live (address)?

Answer:

3. How long have you lived there?

Answer:

4. Do you know __________________ and ___________________?

5. How long have you known them?

6. Do you know where they live?

7. What county and State do they live in?

8. How long have they lived there?

9. Have you been in their house before?

10. How many times?

11. To your knowledge, are Husband and Wife now separated?

12. Do you know when they separated?

13. Do you understand that __________________ and __________________ are asking the court for a divorce on the grounds of __________________?

14. Can you tell the court what you know about the parties and the ground they seek to use to obtain a divorce?

15. Do you believe the parties are entitled to a divorce on the ground of ________?

Part 19. Sample Presentation of Divorce Complaint to Judge – Ex parte, in open Court where no witnesses are required, or before Presenting Witnesses

Sample Presentation of Divorce – No fault No Children

1. Court Clerk, Administrator or Judge Calls Case and asks if parties are ready.

2. Your Honor, My name is and I am the [Plaintiff, Petitioner, Joint Complainant] in this case.

3. Judge advises you to proceed.

4. I am requesting a divorce from on the grounds of .

5. I have filed a Complaint/petition on with the court clerk.

6. After filing the Complaint, was served with summons or entered a waiver of process and entered an appearance.

7. and I have lived in County for prior to filing for divorce.

8. There were no children born to the marriage, none adopted and is not pregnant.

9. and I have agreed on all terms of the divorce, including property settlement, payment of debts, and other terms required by law.

10. We have executed and filed a Property Settlement Agreement containing all terms of our agreement to settle the divorce.

11. The agreement basically provides that:

Child Custody and Visitation

Child Support

Alimony

Property Division

Debt Division

12. I am presenting to the Court today a Final Judgment of Divorce which incorporates the terms of our agreement and asking the court to enter same if it is in acceptable form and content.

Part 20 – Complete if Child Custody will be contested

Summary: When custody of the children is contested, the courts look to various factors to determine who best can care for the health, education and welfare of the children.

Child Custody

Husband / Wife / Both

Part 21. – Child support

Summary: Typically, most states have enacted child support guidelines which establish the amount of child support that is presumed to be the correct amount due.

Some of the factors the court may consider in deviating from child support guidelines include:

1. The financial means, circumstances and standard of living of both parents;

2. The financial means and circumstances of the child;

3. The standard of living the child would have enjoyed had the marriage continued;

4. The age, health, emotional and physical condition of each parent;

5. The age, health, emotional and physical condition of the child;

6. The material and educational needs of the child;

7. Custody arrangements for the child, including day care costs.

Part 22. - Visitation

Summary: When minor children are involved in a divorce action, both parents must be mindful of the effects of divorce upon children and should therefore resolve to arrange a visitation schedule which encourages the child to develop meaningful relationships with both parties.

The following are several guiding principles which each parent should consider in constructing a visitation schedule for the child:

1. Visitation should be pleasant for the children and for the parent.

2. Visitation should provide meaningful personal contact for both the visiting parent and the children.

3. Visitation should not be used to check on the other parent.

4. Both parents should strive to agree on matters pertaining to the children, including discipline.

Additional provisions should be included as agreed to between the parties.

Birth to 1 Year of Age

i) Non-custodial parent shall have four (4) visits with the child per week, with such contact lasting four (4) hours in length.

ii) If the child is taken from the home of the custodial parent, the child shall be returned at least one (1) hour before evening bedtime.

iii) Holiday Access

Holiday access takes precedence over the regularly scheduled visitation plan.

The non-custodial parent shall be entitled to the following:

On each child's birthday from 5:00 p.m. until 8.00 p.m.; Memorial Day Monday from 2:00 p.m. until 6:00 p.m.; Labor Day Monday from 2:00 p.m. until 6:00 p.m.; Thanksgiving Day from 2:00 p.m. until 6:00 p.m.; Christmas Day from 2:00 p.m. until 6:00 p.m.; Independence Day from 2:00 p.m. until 6:00 p.m.; Mother's Day with Mother from 2:00 p.m. until 4:00 p.m. and Father's Day with Father from 2:00 p.m. until 4:00 p.m.

1 Year of Age to 5 Years of Age

i) The non-custodial parent shall have access on alternate weekends from Friday at 6:00 p.m. until Sunday at 6:00 p.m.

ii) Additionally, the non-custodial parent shall be permitted one (1) week night each and every week with the child from 5:30 p.m. until 7:30 p.m.

iii) Holiday Access

The non-custodial parent shall be entitled to the following in years ending in an odd number: the night before each child's birthday, Memorial Day, Independence Day, Thanksgiving Day, Christmas Eve.

In years ending in an even number: each child's birthday, Easter, Labor Day, Halloween evening, Christmas Day.

5 Years of Age and Beyond

i) Non-custodial parent shall have access with the child on alternate weekends from Friday at 6:00 p.m. until Sunday at 6:00 p.m. and on the Wednesday preceding the weekend access from 5:30 p.m. to 7:30 p.m.

ii) In addition, the non-custodial parent shall have access with the child during the week immediately following the weekend visitation on Tuesday and Thursday evening from 5:30 p.m. until 7:30 p.m.

iii) Holiday Access

The non-custodial parent shall be entitled to the following in years ending in an odd number: the night before each child's birthday, Spring Break, Memorial Day weekend, Independence Day, Thanksgiving holiday, and from December 26 until January 1st.

In years ending in an even number: each child's birthday, Easter weekend, Labor Day weekend, Halloween evening, and Christmas holiday.

iv) Mother's Day/Father's Day

The mother shall have access every Mother's Day weekend from Friday at 6:00 p.m. until Sunday at 6:00 p.m.; the father shall have access every Father's Day weekend from Friday at 6:00 p.m. until Sunday at 6:00 p.m.

v) Summer Visitation:

The non-custodial parent shall have five (5) weeks of summer visitation with the child to be taken in no more than two (2) week intervals and with such weekly or two (2) week visits to be nonconsecutive.

Signature: Date: