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Fillable Printable FL-100 Petition - Marriage/Domestic Partnership - California

Fillable Printable FL-100 Petition - Marriage/Domestic Partnership - California

FL-100 Petition - Marriage/Domestic Partnership - California

FL-100 Petition - Marriage/Domestic Partnership - California

AMENDED
PETITION FOR
Dissolution (Divorce) of:
Marriage
Domestic Partnership
Nullity of:
Marriage
Domestic Partnership
Legal Separation of:
Marriage
Domestic Partnership
FOR COURT USE ONLY
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
TELEPHONE NO.: FAX NO.:
E-MAIL ADDRESS:
ATTORNEY FOR (Name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
BRANCH NAME:
CITY AND ZIP CODE:
STREET ADDRESS:
MAILING ADDRESS:
PETITIONER:
RESPONDENT:
CASE NUMBER:
FL-100
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.
RESIDENCE REQUIREMENTS (check all that apply):
three months immediately preceding the filing of this Petition. (For a divorce, at least one person in the legal relationship
described in items 1a and 1c must comply with this requirement.)
2.
b.
We are the same sex and were married in California but are not residents of California. Neither of us lives in a state or
nation that will dissolve the marriage. This case is filed in the county in which we married.
Respondent's residence (state or nation):
Petitioner's residence (state or nation):
a.
Respondent has been a resident of this state for at least six months and of this county for at least
Petitioner
STATISTICAL FACTS
Date of marriage (specify): Date of separation (specify):
Time from date of marriage to date of separation (specify): Years
a.
Time from date of registration of domestic partnership to date of separation (specify):
Years Months
b.
(3)
3.
(1)
(1)
(2)
(3)
(2)
Date of separation (specify):
Months
Registration date of domestic partnership with the California Secretary of State or other state equivalent (specify below):
Page 1 of 3
Form Adopted for Mandatory Use
Judicial Council of California
FL-100 [Rev. January 1, 2015]
PETITION—MARRIAGE/DOMESTIC PARTNERSHIP
(Family Law)
Family Code, §§ 297, 299, 2320, 2330, 3409;
www.courts.ca.gov
MINOR CHILDREN (children born before (or born or adopted during) the marriage or domestic partnership):
If there are minor children of Petitioner and Respondent, a completed Declaration Under Uniform Child Custody Jurisdiction
and Enforcement Act (UCCJEA) (form FL-105
) must be attached.
c.
4.
There are no minor children.
a.
The minor children are:
b.
continued on Attachment 4b.
Child's name
Birthdate SexAge
a child who is not yet born.
(2)
attached.
is
is notPetitioner and Respondent signed a voluntary declaration of paternity. A copy
d.
(1)
Our domestic partnership was established in California. Neither of us has to be a resident or have a domicile in California
c.
to dissolve our partnership here.
Petitioner requests that the court make the following orders:
5.
LEGAL GROUNDS (Family Code sections 2200–2210, 2310–2312)
b.
Nullity of void marriage or domestic partnership based on:
(1)
incest.
(2)
bigamy.
c.
Nullity of voidable marriage or domestic partnership based on:
(1)
petitioner’s age at time of registration of domestic
partnership or marriage.
(2)
prior existing marriage or domestic partnership.
(3)
unsound mind.
(4)
fraud.
(5)
force.
(6)
physical incapacity.
Divorce or
Legal separation of the marriage or domestic partnership based on (check one):
a.
(1)
permanent legal incapacity to make decisions.
irreconcilable differences.
(2)
6.
CHILD CUSTODY AND VISITATION (PARENTING TIME)
Petitioner Respondent Joint Other
a. Legal custody of children to
.........................................................
....................................................
b. Physical custody of children to
c. Child visitation (parenting time) be granted to
.............................
As requested in:
form FL-311 form FL-312
form FL-341(C)
form FL-341(D) form FL-341(E)
Attachment 6c(1)
d.
Determine the parentage of children born to Petitioner and Respondent before the marriage or domestic partnership.
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.
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.
d.
Other (specify):
SPOUSAL OR DOMESTIC PARTNER SUPPORT
8.
b.
Respondent Petitioner
Terminate (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.
b.
Confirm as separate property the assets and debts in
Attachment 9b
Property Declaration (form FL-160)
9.
SEPARATE PROPERTY
the following list. Item
Confirm to
a.
There are no such assets or debts that I know of to be confirmed by the court.
FL-100 [Rev. January 1, 2015]
Page 2 of 3
PETITION—MARRIAGE/DOMESTIC PARTNERSHIP
(Family Law)
CASE NUMBER:
RESPONDENT:
PETITIONER:
FL-100
FL-100 [Rev. January 1, 2015]
Page 3 of 3
PETITION—MARRIAGE/DOMESTIC PARTNERSHIP
(Family Law)
CASE NUMBER:
RESPONDENT:
PETITIONER:
FL-100
Date:
(TYPE OR PRINT NAME)
(SIGNATURE OF PETITIONER)
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
a.
There are no such assets or debts that I know of to be divided by the court.
in Attachment 10b.
in Property Declaration (form FL-160)
Determine rights to community and quasi-community assets and debts. All such assets and debts are listed
COMMUNITY AND QUASI-COMMUNITY PROPERTY
10.
b.
as follows (specify):
OTHER REQUESTS
11.
Attorney's fees and costs payable by
Petitioner Respondent
a.
b
Petitioner's former name be restored to (specify):
c.
Continued on Attachment 11c.
Other (specify):
Date:
(TYPE OR PRINT NAME)
(SIGNATURE OF ATTORNEY FOR PETITIONER)
12.
I HAVE READ THE RESTRAINING ORDERS ON THE BACK OF THE SUMMONS, AND I UNDERSTAND THAT THEY APPLY
TO ME WHEN THIS PETITION IS FILED.
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.
For your protection and privacy, please press the Clear
This Form button after you have printed the form.
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