Family Law Judgment Checklist {FL.040} | Pdf Fpdf Docx | California

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Family Law Judgment Checklist {FL.040} | Pdf Fpdf Docx | California

Last updated: 1/17/2018

Family Law Judgment Checklist {FL.040}

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SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE RULES (FL.040) Page 1 of 4 (A.D. 1-1-1) Mandatory FAMILY LAW JUDGMENT CHECKLIST Dissolution (Divorce), Legal Separation and Domestic Partnership ATTOR NEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address) : TELEPHONE: FAX NO. (Optional): ATTORNEY FOR (Name): FOR COURT USE ONLY SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE Butte County Courthouse North Butte County Courthouse One Court Street, Oroville, CA 95965 1775 Concord Avenue, Chico, CA 95928 (530) 532 - 7002 (530) 532 - 7002 PETITIONER/PLAINTIFF: RESPONDENT/DEFENDANT: OTHER: FAMILY LA W JUDGMENT CHECKLIST DISSOLUTION (DIVORCE) LEGAL SEPARATION DOMESTIC PARTNERSHIP CASE NUMBER: INSTRUCTIONS: 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 three types of cases: 1.True Default - No Response filed, no written agreement 2.Default case with written agreement - No Response filed 3.Uncontested - Appearance by both parties and a written agreement Check the box below for your type of case (one of the three 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 indicate that an item is not applicable. 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. CHECKLIST FOR ALL THREE (3) TYPES OF CASES (See Additional Checklists below): 1. FEE WAIVER - Government Code 247 68637(d) & (e) Note: 1. The Court can look to one party for the payment of BOTH parties' or the other party's previously waived fees. 2. Be aware that the Judgment may not be entered except upon payment of all outstanding fees owed by one or both parties or upon the granting of new fee waivers upon submission of new applications by both parties.] There have been no fee waivers for any party in this case. Petitioner Respondent has received a fee waiver in this case. Petitioner Respondent has paid all previously waived fees and there are no unpaid fees outstanding. Written receipts are included herein. Petitioner Respondent contends he/she continues to qualify for a fee waiver and is requesting a new fee waiver. Updated fee waiver applications for BOTH parties are included herein. Other (please explain) 2. Notice of Entry of Judgment [FL-190] and two (2) self-addressed envelopes with postage pre-paid (one for each party) 3. If there are minor children in the case attach 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] American LegalNet, Inc. www.FormsWorkFlow.com SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE RULES (FL.040) Page 2 of 4 (A.D. 1-1-1) Mandatory FAMILY LAW JUDGMENT CHECKLIST Dissolution (Divorce), Legal Separation and Domestic Partnership ADDITIONAL CHECKLIST FOR: 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 Acknowledgement 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. Declaration Regarding Service of Petitioner's (Preliminary) Declaration of Disclosure [FL- 141] (submit endorsed- filed copyif previously filed) 3. Declaration Regarding Service of Petitioner's (Final) Declaration of Disclosure [FL-141] or Waiver of Final Declaration ofDisclosure 4. Request to Enter Default [FL-165] with one (1) self-addressed envelope with postage pre-paid 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 any requested property in your Petition) 5. Declaration for Default Custody and Visitation Orders for cases with minor children [Local form FL.030] and Proof of Service[FL-335] (submit endorsed-filed copy if previously filed) 6. Declaration for Default or Uncontested Dissolution/Legal Separation [FL-170] 7. Judgment [FL-180](You must request that spousal support be ordered, terminated or reserved) If you are requesting spousal support orders, include a Declaration following Local Rule 16.18 F(2) 1 and Proof of Service [FL-335] If you are requesting property division include Property Order Attachment [FL-345] 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 Computer Calculation Non-Guideline Child Support Findings Attachment [FL-342(A)] 1 16.18F.(2) "2. If a request is made for: a.establishing by default a permanent spousal or partner support for Petitioner or Respondent, orb.terminating by default spousal or partner support for the Respondent, in a "marriage of long duration" (as defined in Family Code 2474336(b)).and there is no attached written agreement concerning spousal or partner support, Petitioner shall file and serve by mail a Declaration at least 15 calendar days before filing the Judgment stating the following: 1.The effective date of the order sought, 2. The proposed duration of support sought, 3. The amount of support sought, 4. The gross and net income of both parties, 5. Information regarding relevant factors under Family Code 247 4320" American LegalNet, Inc. www.FormsWorkFlow.com SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE RULES (FL.040) Page 3 of 4 (A.D. 1-1-1) Mandatory FAMILY LAW JUDGMENT CHECKLIST Dissolution (Divorce), Legal Separation and Domestic Partnership ADDITIONAL CHECKLIST FOR: DEFAULT CASE WITH WRITTEN AGREEMENT (No Response filed) 1. Proof of Service of Summons [FL-115] (check one of the following) Personal Service [FL-115] Notice and Acknowledgement 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. Declaration Regarding Service of Petitioner's and Respondent's (Preliminary) Declaration of Disclosure [FL- 141] 3. Declaration Regarding Service of Petitioner's and Respondent's (Final) Declaration of Disclosure or Waiver of FinalDeclaration of Disclosure [FL-141] or Waiver of Final Declaration of Disclosure [FL-144] 4. Request to Enter Default [FL-165] with one (1) self-addressed envelope with postage pre-paid 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) Written Agreement 5. Declaration for Default or Uncontested Dissolution/Legal Separation [FL-170] 6. Judgment [FL-180] with written agreement (Must address issues regarding spousal support and property division) Signatures of both parties are notarized by a separate notary and the notaries' seals are affixed Attorney has signed and approved Judgment for represented parties 7. If there are minor children: Child Support - State whether child support is at guideline amount or not and include language required in Family Code 2474065 If below guideline, attach guideline support calculation (such as Dissomaster, X Spouse, etc.) Medical insurance and uninsured health care costs addressed American LegalNet, Inc. www.FormsWorkFlow.com SUPERIOR COURT OF CALIFORNIA

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