Fillable Response-Marriage/Domestic Partnership August 15, 2018 October 29, 2020 (California)

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Response-Marriage/Domestic Partnership August 15, 2018 October 29, 2020 (California)

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Superior Court of California, County of Sacramento
Family Law & Probate
Response-Marriage/Domestic Partnership Page 1 of 1
Cover Sheet:
Response-Marriage/Domestic Partnership
Effective Date:
August 15, 2018
Last Revision Date:
October 29, 2020
Purpose:
These forms are used to respond to a case for Dissolution, Legal
Separation or Nullity of a Marriage or Domestic Partnership. This
case can be used to obtain orders for child custody, child or spousal/
partner support, property division and return to a former name.
Assistance:
Parties who are acting as their own attorneys may receive help from
the Self Help Center to complete these forms. You may contact the
Self Help Center through the Court’s website, by creating an e-
Correspondence account.
Required Forms:
All forms are Judicial Council forms, unless otherwise indicated:
•
Response—Marriage/Domestic Partnership, FL-120
•
Family Law Case Participant Enrollment Form (Party), local
form FL/E-LP-665
•
Proof of Service By Mail, FL-335
Optional Forms:
This form is needed only if there are minor children of the
relationship:
•
Declaration Under Uniform Child Custody Jurisdiction and
Enforcement Act (UCCJEA), FL-105
Filing Fee:
There is a $435 fee to file these documents. The current fee
schedule may be found on the Court’s website at:
https://www.saccourt.ca.gov/fees/docs/fee-schedule.pdf.
Copies:
Make two copies of the completed forms. The Court will file and
keep the original and will endorse and return the copies to you.
Filing:
All forms must be typewritten or printed in blue or black ink. (See
California Rules of Court, Rules 2.100-2.119)
Mail or place completed forms in the court drop-box located at the
Family Court at 3341 Power Inn Road, Sacramento, CA 95826.
Drop box hours are 8:00 am to 5:00 pm Monday through Friday,
excluding Court holidays.
Next Steps:
Filing these forms is the first step only. Seek legal assistance to
determine the next steps to complete your case.
Petitioner and Respondent signed a voluntary declaration of parentage or paternity. (Attach a copy if available.)
AMENDED
RESPONSE
Dissolution (Divorce) of:
Marriage
Domestic Partnership
Nullity of: Marriage
Domestic Partnership
Legal Separation of: Marriage Domestic Partnership
AND REQUEST FOR
FOR COURT USE ONLY
ATTORNEY FOR (name):
E-MAIL ADDRESS:
FAX NO.:TELEPHONE NO.:
ZIP CODE:STATE:CITY:
STREET ADDRESS:
FIRM NAME:
NAME:
PARTY WITHOUT ATTORNEY OR ATTORNEY
STATE BAR NUMBER:
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
BRANCH NAME:
CITY AND ZIP CODE:
STREET ADDRESS:
MAILING ADDRESS:
RESPONDENT:
PETITIONER:
CASE NUMBER:
FL-120
LEGAL RELATIONSHIP (check all that apply):
a. We are married.
b.
We are domestic partners and our domestic partnership was established in California.
We are domestic partners and our domestic partnership was NOT established in California.
c.
1.
Page 1 of 3
Form Adopted for Mandatory Use
Judicial Council of California
FL-120 [Rev. January 1, 2020]
RESPONSE—MARRIAGE/DOMESTIC PARTNERSHIP
(Family Law)
Family Code, § 2020
www.courts.ca.gov
MINOR CHILDREN
If there are minor children of Petitioner and Respondent, a completed Declaration Under Uniform Child Custody Jurisdiction
and Enforcement Act (UCCJEA) (form ) must be attached.
d.
4.
There are no minor children.
a.
The minor children are:b.
continued on Attachment 4b.
Child's name
Birthdate Age
a child who is not yet born.
(2)(1)
e.
RESIDENCE REQUIREMENTS (check all that apply):
has been a resident of this state for at least six months and of this county for at least
three months immediately preceding the filing of this Petition. (For a divorce, unless you are in the legal relationship
described in 1b., at least one of you must comply with this requirement.)
2.
a.
Respondent Petitioner
Our domestic partnership was established in California. Neither of us has to be a resident or have a domicile in California
to dissolve our partnership here.
b.
STATISTICAL FACTS
Date of marriage (specify): Date of separation (specify):
a.
b.
3.
(1)
(1)
(2)
(2)
Date of separation (specify):
Registration date of domestic partnership with the California Secretary of State or other state equivalent (specify below):
If any children were born before the marriage or domestic partnership, the court has the authority to determine those children to
be children of the marriage or domestic partnership.
c.
c. We are the same sex, were married in California, but currently live in a jurisdiction that does not recognize, and will not
dissolve, our marriage. This Petition is filed in the county where we married.
Petitioner lives in (specify): Respondent lives in (specify):
Years(3) Months
Time from date of marriage to date of separation (specify):
(3)
Time from date of registration of domestic partnership to date of separation (specify):
MonthsYears
Sacramento
William R. Ridgeway Family Relations Courthouse
Sacramento, CA 95826
3341 Power Inn Road
3341 Power Inn Road
FL-105
Respondent requests that the court make the following orders:
SPOUSAL OR DOMESTIC PARTNER SUPPORT8.
b.
Respondent PetitionerTerminate (end) the court's ability to award support to
Petitioner Respondent a. Spousal or domestic partner support payable to
c.
Reserve for future determination the issue of support payable to
Respondent Petitioner
Other (specify):
d.
9.
SEPARATE PROPERTY
Page 2 of 3
RESPONSE—MARRIAGE/DOMESTIC PARTNERSHIP
(Family Law)
CASE NUMBER:
RESPONDENT:
PETITIONER:
Respondent contends that the parties never legally married or registered a domestic partnership.
Respondent denies the grounds set forth in item 5 of the petition.
Respondent requests
(2) Nullity of void marriage or domestic partnership based on
(a) incest. (b) bigamy.
(3) Nullity of voidable marriage or domestic partnership based on
(a) respondent’s age at time of registration of
domestic partnership or marriage.
(b)
prior existing marriage or domestic partnership.
(c) unsound mind.
(d) fraud.
(e) force.
(f) physical incapacity.
Legal separation of the marriage or domestic partnership based onDivorce (1)
(a) irreconcilable differences. permanent legal incapacity to make decisions.(b)
a.
b.
5.
c.
LEGAL GROUNDS (Family Code sections 2200–2210; 2310–2312)
b.
Confirm as separate property the assets and debts in
the following list. Item Confirm to
Property Declaration (form ).
a. There are no such assets or debts that I know of to be confirmed by the court.
FL-120
6. CHILD CUSTODY AND VISITATION (PARENTING TIME)
Legal custody of children to
.........................................................
....................................................
Physical custody of children to
Child visitation (parenting time) be granted to
.............................
As requested in
Petitioner Respondent Joint Other
b.
c.
a.
Any party required to pay support must pay interest on overdue amounts at the "legal" rate, which is currently 10 percent.
7. CHILD SUPPORT
a.
b.
c.
Other (specify):
d.
If there are minor children born to or adopted by Petitioner and Respondent before or during this marriage or domestic
partnership, the court will make orders for the support of the children upon request and submission of financial forms by the
requesting party.
An earnings assignment may be issued without further notice.
FL-120 [Rev. January 1, 2020]
form FL-311 form FL-312 form FL-341(C)
form FL-341(D) form FL-341(E) Attachment 6c(1)
FL-160
Page 3 of 3
RESPONSE—MARRIAGE/DOMESTIC PARTNERSHIP
(Family Law)
CASE NUMBER:
RESPONDENT:
PETITIONER:
Date:
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
(TYPE OR PRINT NAME) (SIGNATURE OF RESPONDENT)
Date:
(TYPE OR PRINT NAME) (SIGNATURE OF ATTORNEY FOR RESPONDENT)
a.
There are no such assets or debts that I know of to be divided by the court.
as follows (specify):
Determine rights to community and quasi-community assets and debts. All such assets and debts are listed
b.
Property Declaration (form ).
COMMUNITY AND QUASI-COMMUNITY PROPERTY10.
OTHER REQUESTS11.
Attorney's fees and costs payable by a.
b
Respondent's former name be restored to
(specify):
c.
Continued on Attachment 11c..
Other (specify):
NOTICE—CANCELLATION OF RIGHTS: Dissolution or legal separation may automatically cancel the rights of a domestic partner
or spouse under the other domestic partner's or spouse's will, trust, retirement plan, power of attorney, pay-on-death bank account,
survivorship rights to any property owned in joint tenancy, and any other similar thing. It does not automatically cancel the right of a
domestic partner or spouse as beneficiary of the other partner's or spouse's life insurance policy. You should review these matters,
as well as any credit cards, other credit accounts, insurance polices, retirement plans, and credit reports, to determine whether they
should be changed or whether you should take any other actions. Some changes may require the agreement of your partner or
spouse or a court order.
NOTICE: You may redact (black out) social security numbers from any written material filed with the court in this case other than a
form used to collect child, spousal or partner support.
The original response must be filed in the court with proof of service of a copy on Petitioner.
FL-120
Respondent Petitioner
FL-120 [Rev. January 1, 2020]
FOR MORE INFORMATION: Read Legal Steps for a Divorce or Legal Separation ( ) and visit "Families Change"
at www.familieschange.ca.gov
— an online guide for parents and children going through divorce or separation.
Attachment 10b.
FL-160
Print this form
Save this form
Clear this form
For your protection and privacy, please press the Clear
This Form button after you have printed the form.
form FL-107-INFO
Person child lived with
(name and complete current address)
Person child lived with
(name and complete current address)
Person child lived with
(name and complete current address)
Person child lived with
(name and complete current address)
Person child lived with
(name and complete current address)
Person child lived with
(name and complete current address)
Person child lived with
(name and complete current address)
Person child lived with
(name and complete current address)
Additional children are listed on form
FL-105
(
A)/GC-120(A)
.
(Provide all requested information for additional children.)
FL-105/GC-120
FOR COURT USE ONLY
SUPERIOR COURT OF CALIFORNIA, COUNTY OF Sacramento
STREET ADDRESS: 3341 Power Inn Road
MAILING ADDRESS: 3341 Power Inn Road
CITY AND ZIP CODE: Sacramento, CA 95826
BRANCH NAME: William R. Ridgeway Family Relations Courthouse
CASE NUMBER:
DECLARATION UNDER UNIFORM CHILD CUSTODY
JURISDICTION AND ENFORCEMENT ACT (UCCJEA)
1.
I am a party
to this proceeding to determine custody of a child.
2. My present address and the present address of each child residing with me is confidential under Family Code section 3429 as
I have indicated in item 3.
3. There are
(specify number):
(Insert the information requested below. The residence information must be given for the last FIVE years.)
a. Child’s name
Place of birth Date of birth Sex
Period of residence
Address
Relationship
Confidential
to present
to
to
to
b. Child’s name
Place of birth Date of birth Sex
Residence information is the same as given above for child a.
(If NOT the same, provide the information below.)
Period of residence
Address
Relationship
Confidential
to present
to
to
to
Additional residence information for a child listed in item a or b is continued on attachment 3c.
c.
Page 1 of 2
Family Code, § 3400 et seq.; Form Adopted for Mandatory Use
Judicial Council of California
FL-105/GC-120 [Rev. January 1, 2009]
DECLARATION UNDER UNIFORM CHILD CUSTODY
JURISDICTION AND ENFORCEMENT ACT (UCCJEA)
Probate Code, §§ 1510(f), 1512
minor children who are subject to this proceeding, as follows:
www.courtinfo.ca.gov
TELEPHONE NO.:
FAX NO.
(Optional):
E-MAIL ADDRESS
(Optional):
ATTORNEY FOR
(Name):
ATTORNEY OR PARTY WITHOUT ATTORNEY
(Name, State Bar number, and address):
PETITIONER:
RESPONDENT:
GUARDIANSHIP OF
(Name):
Minor
OTHER PARTY:
Child's residence (
City, State)
Child's residence
(City, State)
Child's residence
(City, State)
d.
Child's residence (
City, State
)
Child's residence
(City, State)
Child's residence
(City, State)
(
This section applies only to family law cases.)
(This section apples only to guardianship cases.)
Confidential
Confidential
Juvenile Delinquency/
Juvenile Dependency
and provide the following information):
5. One or more domestic violence restraining/protective orders are now in effect.
(Attach a copy of the orders if you have one
a. Criminal
b. Family
d. Other
Court State Case number
(if known)
County Orders expire
(date)
Court
(name, state, location)
Court order
or judgment
(date)
Case status
b. Guardianship
c. Other
Name of each child
a. Family
Case number
Court
(name, state, location)
e. Adoption
Juvenile Delinquency/
Juvenile Dependency
Case Number
Your
connection to
the case
CASE NUMBER:
SHORT TITLE:
Do you have information about, or have you participated as a party or as a witness or in some other capacity in, another court case
or custody or visitation proceeding, in California or elsewhere, concerning a child subject to this proceeding?
Yes
(If yes, attach a copy of the orders (if you have one) and provide the following information):
Do you know of any person who is not a party to this proceeding who has physical custody or claims to have custody of or
visitation rights with any child in this case?
(If yes, provide the following information):
Yes
a. Name and address of person
b. Name and address of person
c. Name and address of person
Has physical custody
Has physical custody
Has physical custody
Claims custody rights
Claims custody rights
Claims custody rights
Claims visitation rights
Claims visitation rights
Claims visitation rights
Name of each child Name of each child Name of each child
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date:
(TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT)
7. Number of pages attached:
NOTICE TO DECLARANT: You have a continuing duty to inform this court if you obtain any information about a custody
FL-105/GC-120 [Rev. January 1, 2009]
Page 2 of 2
DECLARATION UNDER UNIFORM CHILD CUSTODY
JURISDICTION AND ENFORCEMENT ACT (UCCJEA)
4.
6.
No
proceeding in a California court or any other court concerning a child subject to this proceeding.
No
FL-105/GC-120
Proceeding
Proceeding
c.
d.
Important Notice about Access to Your Case
Due to the court closure and significant reduction in services, the court is
unable to provide court orders, minute orders, and child custody mediation
reports in person or by mail; they are only available online using our Public
Case Access System. The court is also unable to provide you with access
to your court file.
Access to court orders and minute orders is the only way to obtain
instructions on how to appear for hearings and trials, and to know what the
court ordered in your case. Access to child custody mediation reports is
necessary so that you know what child custody, visitation, or other
requirements that the mediator recommended to the court.
To get secure access to your case online, you must complete and submit to
the court the attached Family Law Case Participant Enrollment Form -
Party, along with a copy of your driver’s license to get an account to our
Public Case Access System. A separate form must be filed for each case
or when you change your email address.
Once you complete the form, you must submit it in person at the courthouse
(Monday through Friday 8:00 a.m. to 5:00 p.m.) using the Drop Box, or by
US Mail at 3341 Power Inn Road, Sacramento, CA 95826.
Submitting the form immediately is important because it takes:
• Three working days for the court to process it if filed by Drop Box
• Seven working days for the court to process it after mailing using
US Mail
Once your access is set up you will receive an email letting you know that
you are subscribed to your case. If you do not receive an email notifying
you that you are subscribed to your case during the timeframes identified
above, please inform the court using our Contact Us page at:
https://www.saccourt.ca.gov/contact.aspx.
Local Form Adopted for Mandatory Use
FAMILY LAW CASE PARTICIPANT ENROLLMENT FORM
CONFIDENTIAL
FOR COURT USE ONLY
CASE PARTICIPANT
NAME: STATE BAR NO:
FIRM NAME:
ADDRESS:
CITY: STATE: ZIP CODE:
E-MAIL ADDRESS: (must be legible) TELEPHONE NO.:
ATTORNEY FOR (Name): FAX NO. (Optional):
NAME OF COURT:
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
PETITIONER/PLAINTIFF:
RESPONDENT/DEFENDANT:
CLAIMANT:
FAMILY LAW CASE PARTICIPANT ENROLLMENT FORM
CASE NUMBER:
You may access some Findings and Orders After Hearing for law and motion hearings, and mediation reports prepared by Family Court
Services on or after January 26, 2015 using the court's online Public Case Access System. Free access is available for 72 hours from the
time the order is issued or the report is prepared, or from the time the court creates your case subscription. After 72 hours, you may still
access but you will be required to pay for copies of orders and reports.
INSTRUCTIONS
To setup your account you must:
I,
declare that my private email address is
(must be legible):
I understand, if I change my email address I must file a new enrollment form with the court.
, request the court create an account and/or subscription to my Family Law case. I
I would like to unsubscribe from my case and have attached a copy of my driver license, state or federal issued photo identification.
I acknowledge that confidential mediation reports contain private information that is not part of the public court file. I understand that
without a court order, I must not disclose any contents of the Report to anyone (including any minor children) other than the parties to
my case (petitioner/respondent/claimant) and their attorneys and court professionals. I acknowledge that the court may impose a
penalty for any unauthorized disclosure of any content of the Family Court Services report.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date:
(TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT)
•
File this form with the court and be prepared to show your driver license or a state or federal issued photo identification card.
•
A separate form must be filed for each of your Family Law cases.
•
Once the court has created your subscription to your Family Law case, you will receive a confirming email. You must follow the
instructions in that email to complete the process.
www.saccourt.ca.govFL/E-LP-665 (Rev 2/5/18)
(Please use Ø for zero, 1 for one and clearly differentiate i, L, S, 5, 3 and 8's).
PARTY
PARTY
•
•
Once your subscription is completed, you will receive an email notification each time an order or report is added to your case.
You must also complete and file this form, with a copy of your driver license, if you wish to unsubscribe to your Family Law case.
CA
Superior Court of California, County of Sacramento
3341 Power Inn Road
Sacramento, CA 95826
William R. Ridgeway Family Relations Courthouse
INFORMATION SHEET FOR PROOF OF SERVICE BY MAIL
Use these instructions to complete the
Proof of Service by Mail
(form FL-335).
A person at least 18 years of age or older must serve the documents. There are two ways to serve documents:
(1) personal delivery and (2) by mail. See the
Proof of Personal Service
(form FL-330) if the documents are being
personally served. The person who serves the documents must complete a proof of service form for the documents
being served.
You cannot serve documents if you are a party to the action.
INSTRUCTIONS FOR THE PERSON WHO SERVES THE DOCUMENTS (TYPE OR PRINT IN BLACK INK)
You must complete a proof of service for each package of documents you serve. For example, if you serve the respondent
and the other parent, you must complete two proofs of service; one for the respondent and one for the other parent.
Complete the top section of the proof of service forms as follows:
documents.
Second box, left side:
Print the name of the county in which the legal action is filed and the court’s address in this box.
Third box, left side
: Print the names of the petitioner/plaintiff, respondent/defendant, and other parent in this box. Use
the same names listed on the documents you are serving.
First box, top of form, right side:
Leave this box blank for the court’s use.
You cannot serve a temporary restraining order by mail. You must serve those documents by personal service.
You are stating that you are at least 18 years old and that you are not a party to this action. You are also stating that
you either live in or are employed in the county where the mailing took place.
Print your home or business address.
List the name of each document that you mailed (the exact names are listed on the bottoms of the forms).
Check this box if you put the documents in the regular U.S. mail.
Check this box if you put the documents in the mail at your place of employment.
Print the name you put on the envelope containing the documents.
Print the address you put on the envelope containing the documents.
Print the date that you put the envelope containing the documents in the mail.
Print the city and state you were in when you mailed the envelope containing the documents.
You are stating under penalty of perjury that the information you have provided is true and correct.
Print your name, fill in the date, and sign the form.
If you need additional assistance with this form, contact the family law facilitator in your county.
INFORMATION SHEET FOR PROOF OF SERVICE BY MAIL
FL-335-INFO [New January 1, 2012]
Page 1 of 1
First box, left side:
In this box print the name, address, and phone number of the person for whom you are serving the
Second box, right side:
Print the case number in this box. This number is also stated on the documents you are serving.
2.
1.
3.
a.
b.
4. a.
b.
c.
d.
6.
Check this box if you are serving an address verification form (required for service by mail of a postjudgment request to
change a child custody, visitation, or child support order).
5.
Third box, right side:
Print the hearing date, time, and department. Use the same information that is on the documents
you are serving.
FL-335-INFO
Code of Civil Procedure, §§ 1013, 1013a
www.courts.ca.gov
Use the same address for the court that is on the documents you are serving.
FL-335
ATTORNEY OR PARTY WITHOUT ATTORNEY
(Name, State Bar number, and address):
FOR COURT USE ONLY
CASE NUMBER:
PROOF OF SERVICE BY MAIL
NOTICE: To serve temporary restraining orders you must use personal service (see form FL-330).
I am at least 18 years of age, not a party to this action, and I am a resident of or employed in the county where the mailing took
place.
My residence or business address is:
I served a copy of the following documents
(specify):
by enclosing them in an envelope AND
a.
depositing
the sealed envelope with the United States Postal Service with the postage fully prepaid.
b.
The envelope was addressed and mailed as follows:
Name of person served:
Date mailed:
Place of mailing
(city and state):
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date:
(TYPE OR PRINT NAME) (SIGNATURE OF PERSON COMPLETING THIS FORM)
Page 1 of 1
Form Approved for Optional Use
Judicial Council of California
FL-335 [Rev. January 1, 2012]
PROOF OF SERVICE BY MAIL
Code of Civil Procedure, §§ 1013, 1013a
1.
2.
3.
placing
the envelope for collection and mailing on the date and at the place shown in item 4 following our ordinary
business practices. I am readily familiar with this business’s practice for collecting and processing correspondence for
mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of
business with the United States Postal Service in a sealed envelope with postage fully prepaid.
4.
Address:b.
a.
c.
d.
6.
www.courts.ca.gov
PETITIONER/PLAINTIFF:
RESPONDENT/DEFENDANT:
OTHER PARENT/PARTY:
SUPERIOR COURT OF CALIFORNIA, COUNTY OF Sacramento
STREET ADDRESS: 3341 Power Inn Road
MAILING ADDRESS: 3341 Power Inn Road
CITY AND ZIP CODE: Sacramento, CA 95826
BRANCH NAME: William R. Ridgeway Family Relations Courthouse
I served a request to modify a child custody, visitation, or child support judgment or permanent order which included an
5.
address verification declaration.
(Declaration Regarding Address Verification—Postjudgment Request to Modify a Child
Custody, Visitation, or Child Support Order
(form FL-334) may be used for this purpose.)
HEARING DATE:
DEPT.:
HEARING TIME:
FAX NO.
(Optional):
E-MAIL ADDRESS
(Optional):
ATTORNEY FOR
(Name):
TELEPHONE NO.:
(If applicable, provide):
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Response-MarriageDomestic Partnership August 15, 2018 October 29, 2020 (California)

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Completed 13 November 2020

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