Divorce Intake w/ Children

Please complete this form as fully and accurately as possible. If any information is not known to you, please insert a question mark (“?”) in the space provided. If you know who has the information please indicate that. If you subsequently realize that information provided on this form is incorrect, inaccurate or incomplete, please contact this office and provide the correct information.

SECTION 1: Case Information

* Indicates required field

CASE STATUS *

New Case Finish Existing Case

TYPE OF CASE *

Dissolution of Marriage (Divorce) Legal Separation Nullity (Annulment) Dissolution of Domestic Partnership (Family Code § 297)

Dissolution of Marriage/Legal Separation/ Domestic Partnership based on: *

A divorce (also called “dissolution of marriage” or “dissolution of domestic partnership”) ends your marriage or domestic partnership (or both if you are both married and in a domestic partnership with your spouse). After you get divorced, you will be single, and you can marry or become a domestic partner again. You can get a divorce if you say you have “irreconcilable differences” with your spouse or domestic partner. You do not have to give the court any other reason or prove anything. There is no “guilty” or “non-guilty” person, from the court’s point of view. That is why California is called a “no-fault” divorce state. - Judicial Council of California >Need more help? Check out our information page.

NULLITY OF MARRIAGE BASED ON: *

Date of Marriage *

Reg. date of domestic partnership *

Date of Separation *

NOTE: Effective January 1, 2017, will define “date of separation” as “a complete and final break in the marital relationship . . ., as evidenced by both of the following: (1) The spouse has expressed to the other spouse his or her intent to end the marriage. (2) The conduct of the spouse is consistent with his or her intent to end the marriage.” The court must take into account “all relevant evidence” in making the determination. Section 70 explicitly states it is intended to abrogate Marriage of Davis. (Stats. 2016, chp. 114, § 1.) - Delfino Madden O'Malley Coyle & Koewler

NOTE: For existing cases, please provide a copy of the Summons, Petition, Proof of Service of Summons and any other documents filed with the court or served on you.

Case Number *

Upload Existing Case Documents, If Any: *

Max file size: 20MB

Have you previously filed for Legal Separation in this marriage? *

Yes No

Have you or your spouse/partner resided in this county for at least the last 3 months and in the state of California for at least 6 months? *

Yes No

Is this an Agreed Divorce, Separation, or Annulment? *

Yes - We have or expect to agree to the terms and conditions of our divorce *(Submit agreement below) No - We do not have an agreement and the proceedings may be contested No - I do not expect my spouse to respond/contest *(Submit the Financial Questionnaire)

Upload Agreement, If Any: *

Max file size: 20MB

Your General Information

Full Legal Name *

First

Last

Spousal/Partner Information

Full Legal Name *

First

Last

Phone Number *

Email *

Address *

Line 1

Line 2

City

State

Zip Code

Country

Address *

Line 1

Line 2

City

State

Zip Code

Country

DOB *

AGE *

CA DL# *

DOB *

AGE *

CA DL# *

Are you currently in the military? *

Yes No

Is he/she currently in the military? *

Yes No

9) Do you want to return to your former name? *

Yes No

If yes, what name: *

SECTION 2: Minor Child(ren)

1) Child Name *

First

Last

DOB *

Place of Birth *

AGE *

Sex *

School *

2) Child Name *

First

Last

DOB *

Place of Birth *

AGE *

SEX *

School *

3) Child Name *

First

Last

DOB *

Place of Birth *

AGE *

SEX *

School *

4) Child Name *

First

Last

DOB *

Place of Birth *

Age *

Sex *

School *

5) Child Name *

First

Last

[object Object]

DOB *

Place of Birth *

AGE *

sex *

School *

6) Child Name *

First

Last

[object Object]

DOB *

Place of Birth *

AGE *

Sex *

School *

Child Custody and Visitation (Parenting Time)

Legal Custody (Decision Making) *

Me Spouse/Partner Joint

NOTE: Legal Custody - "Sole" (one) or "Joint" (both) parents have the right and responsibility to make decisions relating to the child's health, education and welfare.

Physical Custody (Primary Residence) *

Me Spouse/Partner Joint

NOTE: Physical Custody - "Sole" - child will live with and be under the supervision of one parent, subject to the power of the court to order visitation for the other parent. A parent with "Sole Physical" may have an advantage when it comes to moving away over the objection of the other parent. "Joint" means both parents will have significant periods of physical custody arranged to assure the child has frequent and continuing contact with both parents (need not be 50/50 or even parenting time).

Visitation (Noncustodial Parenting Time) *

Me Spouse/Partner None (Provide Explanation Below)* Supervised (Provide Explanation Below)*

Visitation Plan or Explanation Why If None/Supervised: *

NOTE: A court may award primary physical custody to one parent and give the other parent shared parenting time [visitation] that is not considered joint custody. - Nolo Press

VISITATION PLAN: Develop a plan to determine how the child(ren)'s time will be divided between the parents. Your plan can be tailored to your schedule. Be specific, which times, days, weeks, weekends, holidays, birthdays, other such times as agreed between parties.
NO VISITATION: If no visitation to the other parent, explain in detail as to why and be prepared to submit valid written documentation to support your position.
SUPERVISED VISITATION: If supervised visitation for the other parent, explain in detail as to why and be prepared to submit valid written documentation to support your position.

Upload Documentation Supporting Your Position, If Any: *

Max file size: 20MB

Child(ren)'s Residence For The Last 5 Years:

From *

Moved-In Date > TIP: UTILITY BILL

To *

Moved-Out Date > TIP: UTILITY BILL

Address *

Street, City, State, Zip Code (Include Country, if other than United States)

Lived With *

Name of Person child(ren) lived with.

Relationship *

Relationship to Child(ren) i.e Mother/Father/Maternal Grandmother/Paternal Grandfather/etc.

From *

To *

Address *

Lived with *

Relationship *

From *

To *

Address *

Lived With *

Relationship *

From *

To *

Address *

Lived With *

Relationship *

From *

To *

Adress *

Lived With *

Relationship *

Have you participated as a "party" or a "witness," or in some other capacity in another case or custody action in California or elsewhere, about custody of a child in this legal action? *

No Yes

If Yes, Name of Child: *

Capacity of Declaring Person: *

Party Witness Other

In what capacity did you participate as in the other legal action?

If Other: *

Upload Case Documents, If Any: *

Max file size: 20MB

Court Name & Location *

Case Number *

Court Judgment Date *

Do you have information about a custody action pending in California or any other court about a child in this legal action, other than above? *

No Yes

If Yes, Name of Child *

Kind of Proceeding *

Department of Child Support Services (DCSS) Legal Separation Guardianship Adoption Other

What kind of case was it?

If Other: *

Upload Case Documents, If Any: *

Max file size: 20MB

Court Name & Location *

Case Number *

Status *

Do you know of any person who is NOT a party to this legal action who has physical custody, claims to have custody of or visitation rights with any child of this legal actions? *

No Yes

IF YES, Name & Address

1) Name *

Address *

Type of Claim: *

2) Name *

Address *

TYPE OF CLAIM: *

Child/Family Support

Are there any existing orders in other proceedings regarding child support? *

Yes No

If Yes, Please describe terms of order: *

Skip description if copy of order uploaded.

IF THERE ARE NO PREVIOUS ORDER AND NEITHER PARE IS NOT RECEIVING STATE AID:

Do you want Child Support? *

No Yes - Guideline Support Yes - Agreed Amount

If you or the other parent are receiving public assistance [State Aid], support is mandatory through the Department of Child Support Services (DCSS).

Do You Want Family Support? (Combined Child/Spousal Support) *

No Yes - Guideline Support Yes, Agreed Amount

TAX TIP: If the divorce decree or separation instrument provides for "family support" but no amount of the family support is designated as child support, then the entire payment is considered alimony. The law requires alimony payments to be reported as income by the recipient. The person who pays alimony may take a deduction for these payments. Alimony payments you make are deductible if all of the following requirements are met: You pay in cash, checks or money orders. The divorce or separation instrument does not say that the payment is NOT alimony. You and your former spouse are not members of the same household when you make the payment. You have no liability to make any payment after the death of your spouse or former spouse. Your payment is not treated as child support. Generally, alimony deductions appear on line 31 of the federal Form 1040. California treats an RDP the same as a spouse. Consequently, we treat alimony payments between RDPs the same as alimony payments between spouses. - FTB

Agreed Amount $: *

Payment Terms: (Monthly/Weekly) *

Once a month, twice a month, weekly, day of the month.

Upload Case Documents, If Any: *

Max file size: 20MB

Court Name & Location *

Case Number *

Court Judgment Date *

Transportation Costs

Do you want your spouse to share 50% of the transportation costs between visitation/custody periods? *

Yes No Agreement

If No or Agreement, please explain: *

Child(ern)'s Health/Dental Insurance

Medical Insurance for minor child(ren), if any, is provided by: *

My Employer Spouse's/Partner's Employer Medi-Cal

Name & Address of Medical Insurance Co. *

Medical Insurance Policy No. *

Dental Insurance for minor child(ren), if any, is provided by: *

My Employer Spouse's/Partner's Employer Medi-Cal

Name & Address of Dental Insurance Co. *

Dental Insurance Policy No. *

SECTION 3: Spousal Support/Alimony

Do you want Spousal Support? *

Reserve Jurisdiction No Yes - Guideline Support Yes - Agreed Amount

Agreed Amount $ *

Payment Terms: (Monthly/Weekly) *

SECTION 4: Other

Waiver of Court Fees:

NOTE: The court filing fee is $435 for Petition, Response or other first paper (including a joint petition) for dissolution of marriage or domestic partnership, legal separation, or nullity. Checks for the Court's filing fee should be made payable directly to the court, “Sacramento Superior Court.”

If you qualify for a Fee Waiver would you like assistance *

Yes No

Taxes:

Do you intend to file: *

Will you file income tax return jointly for this year? *

Yes No

Will there be a refund? *

Yes No

If Yes, Do you want to split the refund 50/50? *

Yes No

IF there is money owned, do you want to split the debt 50/50? *

Yes No

How would you like to split the child tax exemption? *

If Other, explain child tax exemption split: *

NOTE: If in doubt, please contact a tax specialist to answer any questions you may have.

MARRIED FILING JOINTLY
If you are married, you and your spouse can choose to file a joint return. If you file jointly, you both must include all your income, exemptions, deductions, and credits on that return. You can file a joint return even if one of you had no income or deductions.
If both you and your spouse have income, you should usually figure your tax on both a joint return and separate returns (using the filing status of married filing separately) to see which gives the two of you the lower combined tax.

Signing a joint return. Both you and your spouse generally must sign the return, or it will not be considered a joint return.

MARRIED FILING SEPARATELY
If you and your spouse file separate returns, you should each report only your own income, exemptions, deductions, and credits on your individual return. You can file a separate return even if only one of you had income. For information on exemptions you can claim on your separate return, see Exemptions , later.

Divorced taxpayers. If you are divorced, you are jointly and individually responsible for any tax, interest, and penalties due on a joint return for a tax year ending before your divorce. This responsibility applies even if your divorce decree states that your former spouse will be responsible for any amounts due on previously filed joint returns.
IRS Publication 504 (2016)

Attorney Fees:

If it becomes necessary to hire an attorney, do you want your spouse to pay for those fees and court costs? *

Yes No

Have you already paid attorney's fees to date? *

Yes No

If Yes, How Much? $ *

Service On Other Party:

How do you want the other party served? *

Notice of Acknowledgment of Receipt (Spouse Voluntarily Accepts Service by Signature) Registered Process Server (Additional Fees Would Apply) Sheriff Friend or Relative (18 yrs or Older and a U.S. Citizen) Publication (This Service Warrants Additional Paperwork and Additional Fees Would Apply)

Describe ALL efforts made to locate your spouse/partner/ Describe why you think publication is necessary rather than personal service? Example: Relatives, friends, work, DMV, Police, elections office, internet private investigator, etc.) *

Upload Supporting Documents of Efforts To Serve: (Receipts) *

Max file size: 20MB

Additional Information or Comments: *

Upload Additional Documentation, If Any: *

Max file size: 20MB

ACKNOWLEDGMENT AND AUTHORIZATION

I understand and acknowledge by pressing "SUBMIT" that the Legal Document Assistant (LDA) preparing my documents is NOT an attorney, cannot select forms and DOES NOT give legal advice. I hereby direct the Legal Document Assistant to type and perform certain services as outline in the Contract for Services which we each executed regarding this matter. I further declare that the foregoing information which I have provided is, to the best of my knowledge, true and correct.

Submit

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