Wednesday, May 16, 2012

Self-Help Resources - Forms and Instructions

General Information

These instructional guidelines are designed for use in conjunction with the Family Law Facilitator's Office's e-Corresponsence System. Before attempting to use any of the instructions included here, we recommend that you contact the Family Law Facilitator's Office to determine which instructions can be used in your case.

How to use the instructional packets

To begin using the instructional packets, you should have all necessary forms available. The instructions take you through a step-by-step process that will assist you in filling out your forms. In addition, each set of instructions provides information on the purpose of each form and when it is appropriate to use it.

Where a form exists, the form number and a link to the form are included. Where there is no form, the term "pleading" is used. If there is no form, you may create your own form, so long as it complies with the California Rules of Court and other statutory law, or you may use the sample forms and pleadings provided.

Dissolution, Legal Separation, and Nullity Cases

How to Start a Case - Marriage

Forms used in these instructions include:

Please reference How to Start a Dissolution, Legal Separation, or Nullity Case for instructions.

How to Start a Case - Domestic Partnership

Forms used in these instructions include:

Please reference How to start a Dissolution, Legal Separation or Nullity Case - Domestic Partnership for instructions.

How to Serve and File a Response

Forms used in these instructions:

Please reference How to Serve and File a Response in a Dissolution, Legal Separation, Parentage or Nullity Petition for instructions.

How to Amend Your Petition

Forms used in these instructions include:

Please reference How to Amend Your Petition for instructions.

Instructions for Completing the Financial Disclosure Packet (Brief Instructions)

Forms used in these instructions include:

Please reference Instructions for Completing the Financial Disclosure Packet for instructions.

How to Complete the Declarations of Disclosure (Detailed Instructions)

Forms used in these instructions include:

Please reference How to Complete the Declarations of Disclosure for instructions.

Completing the Income and Expense Declaration

The Income and Expense Declaration (FL-150), consists of the following parts:

  • Income and Expense Declaration
  • Income Information
  • Expense Information
  • Child Support Information

Please reference Completing the Income and Expense Declaration for instructions.

How to Request a Default and Schedule a Default Hearing (Brief Instructions)

Forms used in these instructions:

Please reference How to Request a Default and Schedule a Default Hearing for instructions.

How to Obtain a Judgment by Default (Detailed Instructions)

Forms used in these instructions include:

If you plan to have a hearing, you will first need the following documents:

You will then need to complete and take the following forms with you to your hearing:

If you plan to proceed without a hearing, you will need to complete all of the above documents, as well as one additional document:

Please reference How to Obtain a Judgment of Dissolution, Legal Separation, or Annulment by Default for instructions.

Instructions for Completing the Memorandum that Family Case is At Issue (Brief Instructions)

Forms used in these instructions include:

Memorandum to Set (FL/E-LP-625)

Please reference Instructions for Completing the Memorandum that Family Case is At Issue for instructions. Once you receive your Settlement Conference and Trial dates from the court, you must complete, serve, and file a Pre-Trial Statement .

Obtaining a Judgment When You Do Not Agree (Detailed Instructions)

Forms used in these instructions:

Please reference Obtaining A Judgment of Dissolution, Nullity or Legal Separation When You Do Not Agree for instructions. Once you receive your Settlement Conference and Trial dates from the court, you must complete, serve, and file a Pre-Trial Statement.

Uniform Parentage Act Cases

Starting a Case

Forms used in these instructions include:

Please reference Starting a Uniform Parentage Act Case for instructions.

How to Serve and File a Response

Forms used in these instructions:

Please reference How to Serve and File a Response in a Dissolution, Legal Separation, Parentage or Nullity Petition for instructions.

How to Obtain a Judgment by Default

Forms used in these instructions include:

You will then need to complete and take the following forms with you to your hearing:

If you plan to proceed without a hearing, you will need to complete all of the above documents, as well as two additional document:

Please reference How to Obtain a Uniform Parentage Act Judgment by Default for instructions.

Family Law Hearings

Completing the Order to Show Cause Packet

Forms used in these instructions include:

The following forms are also needed. These will be provided blank to the other party:

Please reference Completing the Order to Show Cause Packet for instructions. Before filing an Order to Show Case to modify your child custody or visitation orders, we recommend that you review our instructions on Documenting Custody and Visitation Problems .

Completing the Income and Expense Declaration

The Income and Expense Declaration (FL-150), consists of the following parts:

  • Income and Expense Declaration
  • Income Information
  • Expense Information
  • Child Support Information

Please reference Completing the Income and Expense Declaration for instructions.

Completing the Notice of Motion Packet

Forms used in these instructions include:

The following forms are also needed. These will be provided blank to the other party:

Please reference Completing the Notice of Motion Packet for instructions. If you are filing a motion to compel the other party to complete their financial disclosures, you must make a written demand before filing your motion. You may use our sample Demand Letter for this purpose.

Responding to an Order to Show Cause or Notice of Motion

Forms used in these instructions:

Please reference How to Complete a Responsive Declaration for instructions.

How to Prepare A Findings and Order After Hearing

Forms used in these instructions include:

You will only need those forms relating to the orders made by the Judge at your hearing. If you are uncertain whether you need a particular form, read the instructions for that form. Attach only those forms relating to orders from your Minute Order. All forms will be covered in these instructions, so skip the ones that do not apply.

Please reference How to Prepare A Findings and Order After Hearing for instructions.

Service of Process

Serving Someone Outside of California

Forms used in these instructions include:

Please reference Serving Someone Who Does not Live in California for instructions.

Serving Someone Who is Incarcerated

Forms used in these instructions include:

Please reference Serving Documents to Someone Who is Incarcerated for instructions.

Service by Publication

Forms used in these instructions include:

You will only need the petition that applies to the type of case you have filed.

Please reference Service by Publication for instructions.

Service by Posting

Forms used in these instructions include:

You will only need the petition that applies to the type of case you have filed.

Please reference Service by Posting for instructions.

Guardianship of Minors

Objecting to a Petition for Guardianship

Forms used to object to a Petition for Guardianship include:

Please file your forms in our Probate Office, Room 214, after they are complete and have been served on all other parties.

Responding to Calendar Notes

Form used in these instructions:

Please reference Guardianship Calendar Notes Instructions.

Completing a Declaration of Due Diligence

Form used in these instructions:

Please reference the Diligent Search Instructions.

Terminating a Guardianship

Forms used in these instructions:

Please reference the Terminating a Guardianship instructions.

Other Forms and Instructions

Completing the Fee Waiver Application

Forms used in these instructions include:

Please reference the Fee Waiver page for additional information.

Completing a Petition for Joinder (Person)

Forms used in these instructions include:

Other forms needed (do not complete these forms, they will be provided blank to the other parties):

Please reference Completing a Petition for Joinder for instructions.

Completing a Petition for Joinder (Pension)

Forms used in these instructions include:

Other forms needed for this process are:

Please reference Joinder of a Pension Plan for instructions.

Filing a Notice of Unavailability

Forms used in these instructions include:

Please reference the Instructions for Filing a Notice of Unavailability.

Dismissing a Family Law Case

Forms used in these instructions include:

Please reference How to Dismiss a Case for instructions.

Please note that if you want to dismiss a domestic violence restraining order, you must schedule a hearing by filing an Order to Show Cause (see those instructions above).

Restoring Your Former Name

The form used in these instructions is as follows:

Please reference Ex Parte Restoration of Former Name After Entry of Judgment for instructions.

Please note that the form can only be used to restore your former name after a Judgement of Dissolution of Marriage has been entered by the court.

Stepparent Adoption

Forms used in these instructions include:

Please reference Stepparent Adoption for instructions on filing a case in Sacramento County.

Petition for Custody and Support of Minor Children

Forms used in these instructions include:

Please reference Starting a Custody and Support Case for Minor Children for instructions.

Determining Your Child Support Arrears

Forms used in these instructions include:

The following forms are also needed. These will be provided blank to the other party:

Please reference How to Ask the Court to Determine Your Support Balance for instructions.

Grandparent Visitation

Forms used in these instructions include:

Please reference Completing a Complaint for Grandparent Visitation for instructions.