Start Your Divorce No Kids California Courts PowerPoint Presentation

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While you are waiting… Start filling out ONLY the sections of your forms highlighted in yellow. We wrote the first initial of the person who is the Petitioner and Respondent on the first page of your documents, which are located on the right side of your folder. You are Petitioner if you are starting the case today. You are Respondent if you are responding today. Always write your name EXACTLY the same way. Those of you who are amending or filing a response have a case number. We wrote the correct case number on the first 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 before the workshop begins, you’ll have time to finish after.

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YOUR NAME YOUR ADDRESS PETITIONER’S NAME Case Number (If Applicable) Front of Pages Back 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 NAME Case Number (If Applicable) YOUR TELEPHONE NUMBER

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

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Today What’s covered: The Divorce & Legal Separation court process How the court can help We’ll fill out the forms together What to expect next How to get orders before your final Judgment How to finish your case Optional – Review your fee waiver request

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Please: Use our form packet Follow along We can answer questions once or take notes and ask at review time Ask for an attorney referral if you have things you own or owe to divide Turn off your cellphone Don’t come past the “Bar”

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How Much does it Cost to File? Start or Respond: $435 If you can’t afford it you can ask for a fee waiver On Cash Aid (and some other types of Aid) – Automatic Low Income – See chart on fee waiver Not “Low Income” but still can’t afford fee You want to ask to make payments

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What’s the difference between a Divorce, Legal Separation and Nullity (“Annulment”)?

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What’s different about filing a Response? You are Respondent, not Petitioner You already have a case number Some items on Page 2 (Response) You don’t have some of the forms You serve the forms differently Different for Response

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Respondents – You don’t have this form in your packet LEAVE BLANK YOUR NAME YOUR SPOUSE’S NAME

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RESPONDENTS – You don’t have this form in your packet, but these ATRO’s already apply to you

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Different for Response YOUR NAME, ADDRESS & TELEPHONE NUMBER YOUR NAME YOUR SPOUSE’S NAME LEAVE BLANK Petition Response YOUR SPOUSE’S NAME YOUR NAME CASE NUMBER

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

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

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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 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

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Different for Respondents Petition Response

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x PRINT YOUR NAME SIGN YOUR NAME HERE TODAY’S DATE

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Other Forms If you have children with your spouse, please skip the forms regarding children. We’ll come back to them in a few minutes…

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

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Instructions: (This instruction sheet can be found on the left side of your folder. )

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Different for Respondents Petition Response

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Serving 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

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Prove to the Court Your Spouse Was Served Your Server The Proof of Service form You Clerk’s Office at the Court Proof of Service form PLUS a copy

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Serving FAQs – What if…. …I have NO idea where the other party is? Tell us. There are other ways. …the other party won’t sign for the forms? Doesn’t matter. The server is the only person that signs the proof of service. …the other party tears the forms up or just leaves them on the ground? Doesn’t matter. …the other party is in jail or prison? Serve them there. …the only person who can serve him/her is his/her sister? My father? Is that OK? Yes if 18+ …I don’t want to get people I know involved? Hire a process server.

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Month 2012 Wait at least 30 Days Then one of two things will happen:

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If your husband/wife files a Response:

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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:

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If your husband/wife does not file a Response:

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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.

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FAQs Am I automatically divorced in 6 months? No. How do I get Support, Custody [or other] court orders before the case is finished? File a Request for Order Why do I get a court date when I file (Case Status Conference) ? So the court can help keep you “on track”. Is that my final Judgment date? No.

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Effective January 1, 2013 Declarations of Disclosure are the documents that married couples exchange to disclose asset, debt and income information with one another. You must complete and serve your Preliminary Declarations of Disclosure within 60 days of filing your Petition or Response. Those forms and a sample can be found in the left side of your folder. We have a workshop designed to answer questions about those forms every Friday @ 99 Notre Dame Ave. at 1:45PM.

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Summarizing—Action Plan Finish filling out forms Make copies File forms with the court Serve the forms Wait 30 days See what happens and go to Step #5 Complete your Declarations of Disclosure within 60 days of filing your Petition or Response Different for Response

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5 minute Break

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Process to Finish Step #1 If you don’t have children with your husband/wife, you’re ready for review If you have children with your husband/wife we’ll cover custody, timeshare and other forms now.

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If You Have Children… Custody and Parenting Time

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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

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

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PETITIONER’S NAME RESPONDENT’S NAME

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Ask us if you need any special parenting time orders

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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 Birth City and State of birth M/F

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

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

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SIGN YOUR NAME HERE PRINT YOUR NAME HERE TODAY’S DATE

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Time for Review