Hi, i’m cristin lowe, and we are back on part 2 of, how to file for your divorce, so we’ve already done the petition (which is form FL 100), taking you back to the homepage back to commonly used forms and we’re going to just march right on to the next form, which is the summons FL 110. And this form scares a lot of people for a number of reasons, but the first thing you need to understand if it’s extremely easy to fill out. It has a lot to content that I want to take the time on, but as far as filling it out this should.
Take you no more than 5 minutes. so let’s start with the notice to respondent. who is the respondent? The respondent is not you. You are the petitioner. So the respondent would be your spouse’s name. So you are going to put your spouse’s name which in this case is Jane Smith. And yes, half of this is in Spanish, so it looks twice as long as it actually is. Alright, we’re gonna go down to the next thing, which is, petitioner’s name is. And you are the petitioner, so in this case we have John Smith as the petitioner,.
So we’re carrying over the same theme from our petition which is fl 100 and yes, the box says, you have been sued, and that is a notice the respondent, or this case Jane. And yes, that sounds scary it sounds like it’s a horrible thing, but the reality is, is that a divorce, just like any other court case, is a lawsuit. This is not plaintiff/defendant. We’re using specifically the terms petitioner/respondent because this is not a fault state. This is a nofault state it’s very simple. Alright, so, the first page has information for mostly.
The respondent in this case jane, but it’s also good for you to be able to read it. essentially in a nutshell, what it says is, the respondent (or Jane in this case) has days to file a response to the petition once it’s been served on her. And if you have any questions, you can read it more fully, and they actually have a website where you can click on it and get more information. So we’re gonna actually scroll down and get you to the part that you need to actually fill out, and we go back to the name and address of this court, and.
In this case, we’re in contra costa county so we have 751 pine street, or in this case, we’re gonna start with Contra Costa County Superior Court. And the Family Law Center is 751 Pine Street, and that’s in Martinez, California, and the zip code is 94553. And now name, address, telephone number of you. So you’re not an attorney, but you are the petitioner without an attorney, so you’re going to put your name in this case it’s John Smith and the address is 124 Rose Street, San Ramon, California, 94582, and just like.
I said in the petition, you don’t need to put your home address, but you do need to put a valid mailing address where the court can reach you. And the phone number in this case we have 415.442.4477. So when you go to file this, you need to be aware of the court filing hours, which in 2015, it’s from 8 a.m. until 1 p.m. Ok so we are here now on page 2 of the summons there is absolutely nothing for you to fill out but it is extremely important that you read this summons and you actually understand them. So again, just like.
The first page half of it is spanish, half of it’s in english, so it’s not nearly as much reading as you think it is going to be. And yes, there are a lot of scary terms just like you’re being sued on page 1, in this case you’re restrained, so restraining orders. The first thing I want you to understand is these are not domestic violence restraining orders. We are not saying that you have done anything bad, or that your spouse has done anything bad. We’re not saying any of that. But what these are I call them social niceties.
they are things that you’re not supposed to do and your spouse aren’t supposed to do between now and the time either the divorce judgement is entered, or you two have a written agreement otherwise. So the first one in case you two have minor children of your marriage, you cannot remove that child from the state of California without written permission from the other parent, or a court order. Why? Because we don’t want any parental kidnapping. We don’t want anyone being scared during this divorce process. Keeping the child in California.
Filing California Divorce Forms Form 6 of 10 the FL120
Hi, my name is cristin lowe, and this is going to be talking about the response, which fl 120. So if you are the person who has been served with the divorce papers, or you are the petitioner just wanting to know what it’s going to be like or what your spouse needs to fill out this is the right tutorial for you. So we are on my homepage, which is cristinlowelaw , and we’re going to take you to commonly used forms, and we are going to go to FL 120, which is the response. Ok, so, when you fill out the response, the first thing you need.
To understand is the caption, so get used to this caption, it’s going to be very very similar or identical to every other form you fill out. So we’re going to take you through it very slowly. In this case, we’ve been using the hypothetical that John Smith is the petitioner and Jane Smith is the respondent. So, as the respondent, Jane is going to be filing the response. So we’re going to put her name at the top which is Jane Smith. And we’re going to just use the hypothetical that John and Jane are actually still living in the.
Same house. so her address is also 124 rose street, in san ramon, california, 94582. and her phone number is 415.442.5566. In Contra Costa county, it doesn’t really need to have a fax number, you don’t really need to put an email address (you can if you want), but it’s not utilized right now in 2015. And we’re going to put attorney for, and we’re going to say that Jane is also selfrepresented, which is the word, in pro per (or in propria persona). You’re going to hear those terms used interchangeably they mean the same.
Thing, they mean that you are selfrepresented. so we’re in the county of contra costa, and the street address is 751 Pine Street, and there are a lot of courthouses in the Martinez area, so it’s easy to get confused this is the one for family law. And it’s PO Box 911, and the city and zip code is Martinez, California, 94553. And just for your reference, you don’t have to fill this in the form, but the name of the family law center is the Peter L. Spinetta Family Law Center, and they actually have the name of the center in pretty big.
Letters on a sign outside of the courthouse so it’s easy to be able to find the courthouse if you know the name, which is Peter L. Spinetta. And we have the petitioner, so you are the respondent, meaning your spouse is the petitioner and I want you to know it’s a nofault state, so it doesn’t matter if you’re the petitioner or respondent, so petitioner is going to be your spouse’s name at the top (in this case, it’s John Smith), and the respondent is you (or Jane Smith). And I get this question a lot Do I have to request a divorce if I.
Don’t want a divorce? the answer is no. it doesn’t stop the divorce, but is a statement whether or not you agree the divorce or want the divorce. What is important is you preserve your legal rights by filing a response. So we’re going to do a response to a dissolution, and dissolution is a fancy word for divorce, which they now spell out, so it’s a really good change in 2015, and it’s a dissolution of marriage. So in filling out the response, your case number is going to be the same that’s on the petition so the documents you were.
Served with, there should be a case number basically in the same spot here, and in contra Costa county, if it’s 2015, it’s going to start with D15, and there’s going to be a dash and 5 other numbers. That’s what you’re going to fill out for case number. You have the same case number as what your spouse filed for, and that’s the same case number that you’re going to find anywhere. So the next step is to figure out where and when to file. So we have the address of the courthouse, but what you need to know are the clerk window.
Hours, so there are only limited hours where you can file your paperwork. and in martinez, it’s going to be from 8 a.m. until 1 p.m. Alright so we’ve scrolled down from the caption because it’s always the same no matter what, and I want to focus on the substance of the document which is in this case, the response. So you are going to be asked very similar questions to what was asked in the petition, and you may want to know why I have to fill out the same information. It’s because you get a chance to say your side of the story,.