California Divorce Form FL 120 Response -Marriage/Domestic Partnership
Disclaimer! The contents of this video and on this webpage provides a general overview. The material in this video and on this webpage are for educational purposes only, is not tailored to address your specific needs, and does not constitute legal advice. The information/answers we provide in this video or on this webpage are not specific to your case as we do not know your case facts. Do not rely on any information presented on this webpage to make decisions regarding your California divorce. Again, the information presented herein is not legal advice. Consult with an attorney to obtain legal advice about your divorce.
The following are steps on how to complete form FL 120, FL 120 Response -Marriage/Domestic Partnership. This form must be completed to respond to the dissolution of marriage petition, FL 100. Submit this form the court along with FL 105 and Fl 311 (Fl 105 and FL 311 must be submitted if you have children). You may need to submit additional forms depending on your specific case facts. Consult an attorney for legal advice and assistance on completing this form.
The fictional family, the “Richardsons’,” will be used as an example throughout this course. The boxes you select will depend on your specific case facts.
The sample below demonstrates how Kelly Richardson, the respondent (spouse responding to the divorce), inserts her personal information into the header section of this form. In the header section of the form, Kelly inserts her personal information. Providing a fax number and email address is optional. Because Kelly is representing herself, in the “Attorney For” field, she inserts “Respondent In Pro Per” or “Respondent Pro Se.”
In the next box, Kelly must list the court name and address in which her matter will be heard. Since Kelly resides in central San Diego, she will fill his petition with the Family Court-Central Division located at 1555 Sixth Avenue, San Diego, CA 92101 (this address has changed to 1100 Union St). The petition to divorce must be filed in the superior court of the county where you reside. The filing fee for a divorce response in San Diego is $435. The filling fee is most likely the same amount in the county in which you will file for divorce. Court filing fees are subject to change on an annual basis. Kelly will be provided with a case number once her documents are filed with the court clerk. This case number must be inserted on this document. The case number will be stamped on FL 110.
Since Kelly is responding to William’s petition for dissolution, she will check 1(a). She has resided in California for 15 years and San Diego County for the past three months. She will check box 2(a). William and Kelly wed on December 25, 2000. The parties separated on November 25, 2016. The date of marriage to the date of separation is fifteen years and eleven months. This information is inserted on item 3.
Kelly and the petitioner has minor children together, so she checks 4b. She inserts each minor child’s name, birth date, age and sex. Kelly has a minor daughter named Rose Richardson.
On the next page, Kelly must address the legal grounds in which she is responding to. There are only two legal grounds in which a party can divorce in California: irreconcilable differences or permanent legal incapacity to make decisions. William and Kelly are divorcing because of irreconcilable differences.
Next, Kelly must choose whether she would like sole or joint legal and physical custody. Legal custody refers to which parent gets to make decisions regarding where a child lives, attends school, practices religious activities, and the medical care he/she receives. Physical custody refers to where the child will lives. In my example, Kelly wants joint legal custody and physical custody of Rose. She wishes William to have visitation rights. Note, both parties to not need to initially agree to custody and visitation request. This can later be discussed during the divorce.
Kelly and William will reach a child support agreement without judge’s assistance. As such, the child support field is left blank. Whenever a party files for divorce with minor children, child support will apply. Neither party can waive child support. The matter can be reserved and readdressed at a later time. Child support must be paid until a child turns 18-years-old.
The court may grant spousal support depending on many factors. In this example, Kelly does not want spousal support and wants to terminate the ability of the court to grant William spousal support.
In the next section, Kelly must address any separate property she may want to keep post-divorce. In our example, Kelly requests that all assets acquired before marriage and after separation be confirmed as her separate property. Separate property cannot be divided in a divorce, only community property.
Depending on the length of your marriage, you may have an extensive amount of community and quasi community property. It is best to work out an agreement on the division of property outside of court. In our example, Kelly believes she can reach an agreement with William.
Since Kelly is representing herself, she will not be seeking attorney fees.
She will sign the form once completed.
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