While you are waiting…

While you are waiting…While you are waiting…Start filling out ONLY the sections of your forms Start filling out ONLY the sections of your forms highlighted in highlighted in yellow. yellow.

We wrote the first initial of the person who is the Petitioner We wrote the first initial of the person who is the Petitioner and Respondent on the first page of your documents, which and Respondent on the first page of your documents, which are located on the right side of your folder.are located on the right side of your folder.

• You are You are PetitionerPetitioner if you are starting the case today. if you are starting the case today. • You are You are RespondentRespondent if you are responding today. if you are responding today.

Always write your name Always write your name EXACTLY the same way.EXACTLY the same way.

Those of you who are amending or filing a response have a Those of you who are amending or filing a response have a case number. We wrote the correct case number on the first case number. We wrote the correct case number on the first page of your forms; write that case number on all your forms. page of your forms; write that case number on all your forms.

It’s OK if you’re not done filling out the highlighted parts It’s OK if you’re not done filling out the highlighted parts before the workshop begins, you’ll have time to finish after.before the workshop begins, you’ll have time to finish after.

YOUR NAMEYOUR ADDRESS

PETITIONER’S NAME

Case Number (If Applicable)

Front of PagesFront of Pages

Back of PagesBack of Pages

REMEMBER: Before the presentation starts you are filling out ONLY the yellow highlighted sections (not pink). We will go over the other sections during the presentation. Also make sure all names are written EXACTLY the same way on all pages.

RESPONDENT’S NAME

PETITIONER’S NAME

RESPONDENT’S NAMECase Number (If Applicable)

YOUR TELEPHONE NUMBER

Start (or Respond to) a Start (or Respond to) a Divorce or Legal Divorce or Legal Separation CaseSeparation Case

TodayToday

What’s covered:What’s covered:The Divorce & Legal Separation court processThe Divorce & Legal Separation court processHow the court can helpHow the court can helpWe’ll fill out the forms togetherWe’ll fill out the forms togetherWhat to expect nextWhat to expect nextHow to get orders before your final JudgmentHow to get orders before your final JudgmentHow to finish your caseHow to finish your case

Optional – Review your fee waiver requestOptional – Review your fee waiver request

Please:Please: Use Use our our form packetform packet

Follow alongFollow along

We canWe can answer questions once answer questions once oror take take notes notes and ask at review timeand ask at review time

Ask for an attorney referral if you have Ask for an attorney referral if you have things you things you ownown or or oweowe to divide to divide

Turn off your Turn off your cellphonecellphone

Don’t come past the “Don’t come past the “BarBar””

How Much does it Cost to File?How Much does it Cost to File?

Start or Respond:Start or Respond:$435$435

If you can’t afford it you can ask for a If you can’t afford it you can ask for a fee waiverfee waiver

1.1. On Cash Aid On Cash Aid (and some other types of Aid)(and some other types of Aid) – Automatic – Automatic2.2. Low Income – See chart on fee waiverLow Income – See chart on fee waiver3.3. Not “Low Income” but still can’t afford feeNot “Low Income” but still can’t afford fee4.4. You want to ask to make paymentsYou want to ask to make payments

What’s the difference What’s the difference

between a between a

DivorceDivorce, ,

Legal SeparationLegal Separation and and

NullityNullity (“Annulment”)? (“Annulment”)?

What’s different about filing a What’s different about filing a Response?Response?

You are Respondent, You are Respondent, notnot Petitioner Petitioner

You already have a case numberYou already have a case number

Some items on Page 2 (Response)Some items on Page 2 (Response)

You don’t have some of the formsYou don’t have some of the forms

You serve the forms differentlyYou serve the forms differently

Different for Response

Respondents – You don’t have this form in your packet

LEAVE BLANK

YOUR NAME

YOUR SPOUSE’S NAME

RESPONDENTS – You don’t have

this form in your packet, but these ATRO’s already

apply to you


YOUR NAME, ADDRESS & TELEPHONE NUMBER

YOUR NAME

YOUR SPOUSE’S NAME

LEAVE BLANK

PetitionPetition

ResponseResponseYOUR SPOUSE’S NAME

YOUR NAME

CASE NUMBER

DATE YOU MARRIED

DATE YOU SEPARATED

NAME OF MINOR CHILD(REN) DATE OF BIRTH AGE M/F

**NOTE** THIS CHART CAN BE FOUND IN THE LEFT SIDE OF YOUR **NOTE** THIS CHART CAN BE FOUND IN THE LEFT SIDE OF YOUR FOLDER UNDER THE INSTRUCTION SHEETFOLDER UNDER THE INSTRUCTION SHEET

LIST ALL SEPARATE PROPERTY HERE

(INCLUDE ALL ASSETS AND DEBTS ACQUIRED BEFORE DATE OF MARRIAGE OR AFTER DATE OF SEPARATION)You can leave this blank if none exists.

WRITE THE NAME OF THE PERSON WHO EACH ITEM OF SEPARATE PROPERTY BELONGS TO

FLIP TO NEXT PAGEFLIP TO NEXT PAGE

PETITIONER’S LAST NAME VS. RESPONDENT’S LAST NAME

LIST ALL COMMUNITY PROPERTY HERE (INCLUDE ALL ASSETS AND DEBTS ACQUIRED BETWEEN DATE OF MARRIAGE AND DATE OF SEPARATION, INCLUDING BUT NOT LIMITED TO: CARS, HOUSES, 401Ks, PENSIONS, CREDIT CARDS, LOANS, MORTGAGES, ETC.

LEAVE BLANK

Different for

Respondents

PetitionPetition

ResponseResponse

x

PRINT YOUR NAME SIGN YOUR NAME HERE

TODAY’S DATE

Other FormsOther Forms

If you have children with your If you have children with your spouse, please skip the forms spouse, please skip the forms regarding children.regarding children.

We’ll come back to them in a few We’ll come back to them in a few minutes…minutes…

You’ve (mostly) completed You’ve (mostly) completed your forms, now what?your forms, now what?

Instructions: Instructions: (This instruction sheet can be found on the (This instruction sheet can be found on the

left side of your folder. )left side of your folder. )

Different for Respondents

PetitionPetition

ResponseResponse

Serving Legal FormsServing Legal Forms

Your Server

Your Filed Legal forms

PLUS Blank Response forms

Your Husband/ Wife

Different for Respondent’s – Serve by MAIL, not in Person

Prove to the Court Your Prove to the Court Your Spouse Was ServedSpouse Was Served

Your Server

The Proof of Service form

You

Clerk’s Office at

the Court

Proof of Service form PLUS

a copy

Serving FAQs – What if….Serving FAQs – What if…. … …I have NO idea where the other party is? I have NO idea where the other party is? Tell us. There are other ways.Tell us. There are other ways.

… …the other party won’t sign for the forms? the other party won’t sign for the forms? Doesn’t matter. The server is the only person that signs the proof of service.Doesn’t matter. The server is the only person that signs the proof of service.

… …the other party tears the forms up or just the other party tears the forms up or just leaves them on the ground? leaves them on the ground? Doesn’t matter. Doesn’t matter.

… …the other party is in jail or prison? the other party is in jail or prison? Serve them there.Serve them there.

… …the only person who can serve him/her is the only person who can serve him/her is his/her sister? My father? Is that OK? his/her sister? My father? Is that OK? Yes if 18+Yes if 18+

… …I don’t want to get people I know involved? I don’t want to get people I know involved? Hire a process server.Hire a process server.

Month 2012

Wait at least 30 Days

Then one of two things will happen:Then one of two things will happen:

If your husband/wife files a If your husband/wife files a Response: Response:

Case Status Conference:

Agreement = “Stipulation”

“Stipulated Judgment” (or

“Marital Settlement

Agreement”)

Do not Agree = Eventual Trial

You will go to a “Status Conference” to discuss the next steps for your case, but generally:

If your husband/wife does If your husband/wife does notnot file a Response:file a Response:

Request to Enter Default

Once 30 days have passed since the date of service, you may go to the Self-Help Center at 99 Notre Dame Ave. to sign up for the default workshop. The workshop itself is at a later date.

Best times to sign up for Workshop:

M-TH 2:00-3:30 or F 8:30-3:30

**If you show up at any other time, please be prepared for a significant wait.

FAQsFAQs Am I automatically divorced in 6 months? Am I automatically divorced in 6 months? No.No.

How do I get Support, Custody [or other] How do I get Support, Custody [or other] court orders before the case is finished? court orders before the case is finished? File a Request for OrderFile a Request for Order

Why do I get a court date when I file Why do I get a court date when I file (Case Status Conference) ? (Case Status Conference) ? So the court So the court can help keep you “on track”.can help keep you “on track”. Is that my Is that my final Judgment date? final Judgment date? No.No.

Effective January 1, 2013Effective January 1, 2013Declarations of Disclosure are the documents Declarations of Disclosure are the documents that married couples exchange to disclose asset, that married couples exchange to disclose asset, debt and income information with one another. debt and income information with one another.

You must complete and serve your Preliminary You must complete and serve your Preliminary Declarations of Disclosure within 60 days of Declarations of Disclosure within 60 days of filing your Petition or Response. filing your Petition or Response.

Those forms and a sample can be found in the Those forms and a sample can be found in the left side of your folder. We have a workshop left side of your folder. We have a workshop designed to answer questions about those forms designed to answer questions about those forms every Friday @ 99 Notre Dame Ave. at 1:45PM.every Friday @ 99 Notre Dame Ave. at 1:45PM.

Summarizing—Action PlanSummarizing—Action Plan Finish filling out formsFinish filling out forms Make copiesMake copies File forms with the courtFile forms with the court Serve the formsServe the forms Wait 30 daysWait 30 daysSee what happens and go to Step #5See what happens and go to Step #5Complete your Declarations of Complete your Declarations of Disclosure within 60 days of filing your Disclosure within 60 days of filing your Petition or ResponsePetition or Response


5 minute Break5 minute Break

Process to Finish Step #1Process to Finish Step #1

If you don’t have children with If you don’t have children with your husband/wife, you’re your husband/wife, you’re ready for reviewready for review

If you have children with your If you have children with your husband/wife we’ll cover husband/wife we’ll cover custody, timeshare and other custody, timeshare and other forms now.forms now.

If You Have Children…If You Have Children…

Custody and Custody and Parenting TimeParenting Time

X

PETITIONER’S NAME

RESPONDENT’S NAME

LIST YOUR CHILD(REN)’S NAME(S) PETITIONER’S NAME,

RESPONDENT’S NAME OR “JOINT”

LIST YOUR CHILD(REN)’S DATE OF BIRTH

PETITIONER’S NAME, RESPONDENT’S NAME OR “JOINT”

X

SundaySunday SaturdaySaturday

1st1st



3rd3rd



5th5th

1st, 2nd, 3rd, 4th, 5th Weekends

PETITIONER’S NAME

RESPONDENT’S NAME

Ask us if you need any special parenting time orders

PETITIONER’S NAME

RESPONDENT’S NAME

YOUR NAME, ADDRESS & TELEPHONE NUMBER

A STAFF MEMBER WILL STAMP COURT ADDRESS FOR YOU HERE

# of Children

ELDEST CHILD’S NAME

Date of BirthCity and State of birth

M/F

12/08 San Jose, CA Jill Doe, San Jose, CA Mom

12/08birth

San Jose, CA Jill Doe, San Jose, CA John Doe, Campbell, CA

Parents

CHILD’S NAME City and State of birth

Date of Birth M/F

PETITIONER’S LAST NAME V. RESPONDENT’S LAST NAME

SIGN YOUR NAME HEREPRINT YOUR NAME HERE

TODAY’S DATE

Time for ReviewTime for Review

Documents

While you are waiting…