FAMILY LAW WORKSHOP PRESENTED BY FAMILY LAW FACILITATOR

FAMILY LAW WORKSHOP

PRESENTED BY FAMILY LAW FACILITATOR VENTURA COUNTY SUPERIOR COURT

DISCLOSURE The Family Law Facilitator (FLF) is available to help both parents and all other parties who have questions about family law issues, including child support, spousal support, health insurance and the availability of community resources to help families. THE FLF CANNOT ASSIST YOU IF YOU ARE CURRENTLY BEING REPRESENTED BY AN ATTORNEY. The FLF can help you in preparing your own forms and can give you general information. The FLF cannot go with you to Court. The FLF IS NOT YOUR LAWYER but is a neutral person who does not represent any parent or party. There is no attorney-client relationship between you and the FLF. The FLF may provide information and services to the other party in your case. Communications between you and the FLF are not confidential. You should consult with a private attorney if you want personalized advice or strategy, to have a confidential conversation, or to be represented by an attorney in court. The FLF is not responsible for the outcome of your case.

INITIAL WORKSHOP THIS WORKSHOP COVERS THE INITIAL ACTION OF FILING TO TERMINATE A MARRIAGE OR DOMESTIC PARTNERSHIP OR TO RESPOND TO SUCH AN ACTION. THERE ARE THREE WAYS TO TERMINATE THE RELATIONSHIP: DISSOLUTION LEGAL SEPARATION NULLITY

DISSOLUTION = DISSOLVES THE MARRIAGE OR DOMESTIC PARTNERSHIP ‘NO FAULT’ CAN BE DONE WITHOUT GOING TO COURT DIVIDES UP THE PROPERTY AND DEBTS DECIDES CHILD CUSTODY AND TIME SHARE ORDERS CHILD AND SPOUSAL SUPPORT TERMINATES THE RELATIONSHIP = AT THE END THE PARTIES ARE ‘DIVORCED’

LEGAL SEPARATION = LEGALLY SEPARATES THE PARTIES BUT THE RELATIONSHIP OF MARRIAGE OR DOMESTIC PARTNERSHIP IS NOT TERMINATED SIMILAR TO DISSOLUTION ‘NO FAULT’ CAN BE DONE WITHOUT GOING TO COURT DIVIDES UP THE PROPERTY AND DEBTS DECIDES CHILD CUSTODY AND TIME SHARE ORDERS CHILD AND SPOUSAL SUPPORT AT THE END THE PARTIES CAN NOT REMARRY OR ENTER INTO A NEW DOMESTIC PARTNERSHIP WITHOUT FILING A NEW CASE TO TERMINATE THE RELATIONSHIP

ANNULMENT = THE MARRIAGE OR DOMESTIC PARTNERSHIP IS NULLIFIED MUST GO TO COURT MUST PROVE WHY THE RELATIONSHIP SHOULD BE ANNULED CAN BE DIFFICULT TO PROVE CAN FILE FOR DISSOLUTION ‘IN THE ALTERNATIVE’ AT THE END THE RELATIONSHIP ‘NEVER EXISTED’

THERE ARE FOUR WAYS TO RESOLVE THE ACTION • • TRUE DEFAULT WITH AGREEMENT UNCONTESTED

1. TRUE DEFAULT: THE RESPONDENT DOES NOT FILE ANYTHING. 31 DAYS FROM SERVICE OF THE PAPERS ON THE RESPONDENT, THE PETITIONER CAN TAKE THE ‘DEFAULT’ OF THE RESPONDENT AND TURN IN ALL THE FINAL PAPERS. THE RESPONDENT DOES NOTHING. THE PETITIONER CAN ONLY GET WHAT IS ASKED FOR IN THE PETITION. 2. DEFAULT WITH AGREEMENT: SAME AS ABOVE BUT THE PARTIES ENTER INTO AN AGREEMENT. SAVES THE FILING FEE FOR THE RESPONDENT. 3. UNCONTESTED AFTER RESPONSE: RESPONSE FILED BUT THE PARTIES REACH AN AGREEMENT OUT OF COURT. 4. CONTESTED: RESPONSE FILED, NO AGREEMENT THE COURT MAKES A DECISION AT TRIAL.

WHAT IS…? ANSWERS TO THE MOST FREQUENTLY ASKED QUESTIONS PETITIONER = THE PERSON WHO STARTS THE CASE RESPONDENT = THE SPOUSE OR DOMESTIC PARTNER OF THE PETITIONER THESE PARTIES NEVER ‘SWITCH’ TITLES

DATE OF SEPARATION THIS IS THE DATE THE PARTIES HAVE A PARTING OF WAYS WITH NO PRESENT INTENTION OF RESUMING THE MARRIAGE OR DOMESTIC PARTNERSHIP. THERE IS A CONDUCT WHICH EVIDENCES A COMPLETE AND FINAL BREAK IN THE RELATIONSHIP. THIS DATE IS IMPORTANT AS THIS IS THE DATE THE COMMUNITY ESTATE ENDS AND ALL PROPERTY OR DEBTS ACQUIRED AFTER THIS DATE ARE SEPARATE.

PROPERTY AND DEBTS COMMUNITY PROPERTY: ANY PROPERTY OR DEBT, WHETHER REAL OR PERSONAL, WHICH HAS BEEN ACQUIRED BY THE PARTIES DURING THE MARRIAGE OR DOMESTIC PARTNERSHIP. THIS PROPERTY OR DEBT BELONGS EQUALLY TO BOTH PARTIES. SEPARATE PROPERTY: ANY PROPERTY OR DEBT, WHETHER REAL OR PERSONAL, ACQUIRED BY A PARTY BEFORE THEY MARRIED OR ENTERED INTO A DOMESTIC PARTNERSHIP, OR ACQUIRED AFTER THE DATE OF SEPARATION WITH SEPARATE FUNDS OR DURING THE MARRIAGE OR DOMESTIC PARTNERSHIP BY GIFT OR INHERITANCE. THIS PROPERTY OR DEBT BELONGS SOLELY TO THE PARTY ACQUIRING IT.

CUSTODY: THERE ARE TWO TYPES OF CUSTODY: LEGAL CUSTODY= THE RIGHT AND RESPONSIBILITY TO MAKE DECISIONS REGARDING HEALTH, EDUCATION, AND WELFARE OF THE MINOR CHILD. PHYSICAL CUSTODY= ADDRESSES THE AMOUNT OF TIME EACH PARENT WILL HAVE THE CHILD IN THEIR CUSTODY.

CUSTODY CAN BE AWARDED TO ONLY ONE PARENT, SOLE, OR TO THE PARENTS JOINTLY. SOLE LEGAL CUSTODY: ONLY ONE PARENT MAKES THE DECISIONS FOR THE CHILDREN. JOINT LEGAL CUSTODY: THE PARENTS COMMUNICATE AND COOPERATE IN MAKING DECISIONS FOR THE MINOR CHILDREN. SOLE PHYSICAL CUSTODY: THE CHILDREN SPEND THE MAJORITY OF THE TIME WITH ONLY ONE PARENT AND ‘VISIT’ THE OTHER PARENT. JOINT PHYSICAL CUSTODY: THE CHILDREN SPEND SIGNIFICANT PERIODS OF TIME WITH BOTH PARENTS. IT DOES NOT NECESSARITY MEAN A 50/50 TIME SHARE.

GUIDELINE CHILD SUPPORT: IS THE PRESUMPTIVELY CORRECT AMOUNT OF CHILD SUPPORT. THE COURT USES A COMPUTER PROGRAM CALLED A “DISSOMASTER” TO CALULATE GUIDELINE CHILD SUPPORT. IF THERE ARE CHILDREN OF THE RELATIONSHIP, THE COURT MUST MAKE AN ORDER FOR CHILD SUPPORT. THE PARTIES CAN AGREE TO A “NON-GUIDELINE” ORDER BUT CHILD SUPPORT CANNOT BE WAIVED.

SPOUSAL SUPPORT: A PAYMENT MADE BY THE HIGHER EARNING SPOUSE TO THE LOWER EARNING SPOUSE TO ATTEMPT TO MAINTAIN THE MARITAL STANDARD OF LIVING FOR BOTH PARTIES. FAMILY CODE SECTION 4320 SETS FORTH THE LAW FOR SPOUSAL SUPPORT CAN BE WAIVED BY THE PARTIES.

SERVICE’ OR ‘SERVICE OF PROCESS’: THE PROCEDURE FOR HAVING YOUR PAPERS GIVEN TO THE OTHER PARTY. YOUR PAPERS MUST BE GIVEN OR SERVED ON THE OTHER PARTY BY ANOTHER ADULT. YOU CANNOT SERVE THE PAPERS YOURSELF. PROOF OF SERVICE: THE DOCUMENT SIGNED BY THE PERSON WHO SERVED THE PAPERS VERIFYING THAT THE OTHER PARTY WAS GIVEN YOUR PAPERS.

• COMPLETE YOUR FORMS: DECLARATION FOR COURT ASSIGNMENT SUMMONS PETITION DECLARATION UNDER THE UCCJEA - only if there are children of this marriage • MAKE TWO COPIES OF ALL FORMS • FILE ALL FORMS AT THE CLERK'S OFFICE 2 nd Floor, Room 208 in Ventura 1 st Floor, Clerk's Office, Simi Valley • PAY FILING FEE OR FILL OUT FEE WAIVER • HAVE ONE COPY SERVED ON OTHER PARTY Someone, other than you, over the age of 18, must personally give the papers to your spouse. You cannot do it, it cannot be done by mail if your spouse is in California • RETURN THE PROOF OF SERVICE TO CLERK

FOR PETITIONERS YOUR FORMS ARE DONE MAKE TWO COPIES OF YOUR FORMS TAKE THE ORIGINAL AND TWO COPIES AND FILE IN THE CLERKS OFFICE PAY THE FILING FEE OR TURN IN A FEE WAIVER HAVE SOMEONE OVER THE AGE OF 18 PERSONALLY SERVE THE OTHER PARTY WITH A FILED COPY OF YOUR FORMS AND THE BLANK PACKET HAVE YOUR SERVER COMPLETE THE PROOF OF SERVICE FILE THE ORIGINAL AND A COPY OF THE PROOF OF SERVICE IN THE CLERKS OFFICE. PLEASE BRING YOUR FILED COPY WITH YOU IF YOU NEED TO COME TO THIS OFFICE OR TO COURT.

FOR RESPONDENTS YOUR FORMS ARE DONE MAKE TWO COPIES OF YOUR FORMS HAVE SOMEONE OVER THE AGE OF 18 SERVE A COPY OF THE FORMS ON THE OTHER PARTY EITHER BY MAIL OR IN PERSON HAVE YOUR SERVER FILL OUT THE PROOF OF SERVICE MAKE ONE COPY OF THE PROOF OF SERVICE FILE ORIGINAL AND A COPY OF THE RESPONSE AND PROOF OF SERVICE IN THE CLERKS OFFICE, PAY THE FILING FEE OR TURN IN A FEE WAVIER THE CLERK WILL RETURN YOUR FILED COPIES TO YOU PLEASE BRING YOUR FILED COPIES WITH YOU IF YOU NEED TO COME HERE OR GO TO COURT