Error in FL100?

#1

Hi Cristin,

I just noticed that under #6. Child Custody I checked Joint for legal and physical for both, petitioner and respondent. That’s what we want.
However, for some reason, I also checked child visitation (parenting time) under 6.c for both, petitioner and respondent.

Will this be in issue during a default case and ultimately requires me having to amend my petition and serve my spouse again (and wait for another 30 days before default)? Also, what happens to the 6 months cooling off period? Will this start all over or count from the original date of serving papers?

Follow up question in case I do have to amend. Do I list community property as of the date of the initial petition or as of now? I am asking, because since initial petition and today, we have sold everything and split proceeds 50/50…

Thanks so much!

#2

  1. Custody/visitation. I don’t see that this is an issue. You want joint legal and physical custody, so that part sounds correct. You also want for both of you to spend time with the children, so checking the boxes for both parties to have visitation also sounds correct. Am I missing something?

  2. Amended Petition.

a. Waiting Period.

IF you need to amend your petition (from what you’ve shared, I don’t see a need to do so), you will need to re-serve your spouse and wait another 30 days before taking the default. It does NOT extend the 6 month waiting period, meaning that the date of service of the first Petition is when the clock starts ticking.

b. Property.

Personally, I would list everything the same as the original petition. This is more of a matter of style/preference. I find that simpler is best. Listing a lot of property initially and then not listing it in the amended petition could raise some red flags for the clerk who reviews your file. When the documents generally look the same, they tend to just be processed without incident, because nothing stands out. When studying for the bar, one of the instructors gave us the advice to always “be a sheep,” and this has always been my mantra when providing forms to the clerk’s office. The more uniform and boring I can be, the less likely I’m going to stand out, and I do NOT want to stand out here! I want the court clerk to simply mark off the boxes on their checklist and pass the file up to the judge without any questions or incident.

#3

Cristin,

Thanks so much! That’s a relief. In this case the petition should be alright and no need to amend it.

Happy new Year to you!

1 Like
#5

Hi Cristin,

Today I received the noticed, that the proposed judgement cannot be entered, because of proposed custody details that weren’t in the petition.

As mentioned above, in the petition I checked joint legal and physical custody, as well as, child visitation for petitioner and respondent.
I did not attach any other forms like FL-341(D) or FL-341(E).

However, for the proposed judgement I attached the forms FL-341 alongside FL-341(D), FL-341(E), FL-342, proposing 50/50 custody and also adding the amount of child support that the California support guideline calculator showed.

Are those added documents the issue for the rejection, since they weren’t submitted with the petition?
Or is the issue that I did not check visitation (Box 7 of the FL-341) even though I requested visitation in the petition?

How would I revise the proposed judgement in this case? File everything again, but without FL-341(D), FL-341(E), FL-342?

FL-341: Which boxes do I need to check here? Just the ones regarding Custody and Visitation? That would be Box 5 and Box 7. The rest can stay clear (even 7a through 7e)?
In Box 5 I add the name and birthday of the child and would write ‘joint, petitioner & respondent’ under both, legal, as well as, physical custody. Is that correct?

Thanks again for all your help!

#6

From the details you’ve provided, it sounds like you’re trying to submit a default judgment WITHOUT agreement (meaning the other party’s signature). If that is the case, then you can only request what is stated on the Petition. Anything that exceeds the scope of what is listed on the Petition will be denied.

#7

Yes, default without agreement. The default was entered, but I will have to revise the proposed judgment. In the petition, all I checked was joint for legal and physical custody plus visitation for resp. and pet.

When I submit the proposed judgement, I have to attach the form FL-342, correct? Who is supposed to fill out the information like income, percentage of time spent with resp. and pet, amount of child support etc. Non of those information I had attached to the petition. Will I fill this out or is that the judge after a special hearing or something?

Also, I think I have to attach FL-341 to the judgement, since the petition requests joint legal and joint physical custody, as well as, visitation. Same question though, is this me filling it out? If so, I’d check the box 3., 5. and 7.
However, the subcategories of 7 (a. through e. and (1) through (4)) I leave blank as well, since I didn’t not submit any special schedules with the petition. And 8. through 14. I leave blank as well.

Thank you

#8

I don’t know specifically the issues in your case, but if you are seeking child support, yes, you would attach FL-342 to your Judgment. If there are custody issues, yes, you would attach FL-341 to your Judgment. YOU are responsible for the Judgment and what is written on it. The judge will not fill anything out.

#9

Hi Cristin,

My spouse and I finally got the signed notice of entry of judgement and the final judgement in mail. Is there anything else coming once the 6 months waiting period is over (will be end of February) or are those papers all we’ll have to prove that we are divorced?

Thank you

#10

Congratulations! Your Judgment IS your divorce decree. That is the document you use to prove you are single.