Filed Petition of Legal Separation on Oct 27, 2017. 1. Can I just mail my husband the (FL-117) Noti

#1

I filed Petition of Legal Separation on Oct 27, 2017.

  1. Can I just mail my husband the (FL-117) Notice of Acknowledgement of Receipt or do I have to file in court both forms : (FL-115) Proof of Service of Summons and FL- 117, before Jan 25, 2018 (end of 90 days since I filed my Petition).
  2. My husband and I already have a Notarized Separation Agreement and would like to minimize our court fees and time filling out unnecessary court forms. Please tell me what forms I need to fill for a amicable/ agreeable separation : FL-165, FL-170, Fl-180, FL-190, FL-144, and/or FL-141?
#2

My husband and I already have a notarized Separation Agreement. Are we still required to file these forms if both agree to waive FL-150, Fl-170, Fl-180, FL-190, FL-144.
Thank you for clarifying this stressful matter.

#3

If you want a legal divorce, you must file all of the required forms. There is no way to skip steps, nor are there exceptions to the rules. I know it’s frustrating, but hang in there and follow the process.

#4

If you want a legal separation (or divorce), you must file all of the required forms. There is no way to skip steps, nor are there exceptions to the rules. I know it’s frustrating, but hang in there and follow the process.

#5

I only want to file a uncontested amicable Legal Separation and want to know what court forms most likely can be waived by both of us since we can agree to this to save time and filing cost.
Thank you so much for your patience and understanding.

#6

  1. You need to do BOTH. In order to properly serve your husband by mail, you must send him the documents and include two copies of FL-117, one of which he needs to return. Once the signed document is received back, you file FL-117 attached to FL-115.

  2. Since I don’t know all of the issues in your case, I don’t know all of the required forms; however, all but FL-165 are always required in an uncontested/default Judgment, plus FL-150 and either FL-160 or FL-142. There may be other forms required based on your specific case.

#7

I filed Petition of Legal Separation on Oct 27, 2017.

  1. Can I just mail my husband the (FL-117) Notice of Acknowledgement of Receipt or do I have to file in court both forms : (FL-115) Proof of Service of Summons and FL- 117, before Jan 25, 2018 (end of 90 days since I filed my Petition).
  2. My husband and I already have a Notarized Separation Agreement and would like to minimize our court fees and time filling out unnecessary court forms. Please tell me what forms I need to fill for a amicable/ agreeable separation : FL-165, FL-170, Fl-180, FL-190, FL-144, and/or FL-141?
#8

After Respondent is served I have to wait less than 30 days or wait more than 30 days to file two copies of the signed FL-120 (Respondent’s response), two copies of FL-117, and FL-115.

I read that both parties can waive filing FL-160 or FL142 and what other forms we can waive if we signed an agreement doing this? Is this correct?

#9

The Respondent can file FL-120 at any time after the case has been opened. FL-117/FL-115 can only be filed after you have served the documents.

You CANNOT waive filing FL-160/FL-142. You can waive having to file a second set of your financial disclosures, but not the first set. For more information, take a look at Step 6 of the following article:

https://cristinlowelaw.com/california-divorce-process-ten-steps/

#10

You cannot waive any mandatory forms if you want a valid legal separation (or divorce). Forms are steps, and you can’t skip steps. Think of it like wanting to fill a prescription of antibiotics for your child. There’s a process you must follow. Even if you know your child needs antibiotics, you still have to get a prescription. You can’t just call up the pharmacist and order it on your own. You can’t tell the pharmacist you know what you want and to give it to you because you want to save time and money from going to a doctor’s appointment. You can’t tell the pharmacist you and your spouse agree that your child needs antibiotics. You can’t talk to friends who have filled their own prescriptions validly and try to use their prescription to fill yours. That you and your spouse agree that your child needs medicine does not change the process of getting it.

You can spend lots and lots of time and energy trying to circumvent the process and end up not getting the medicine you need, or you can simply follow the steps everyone else takes in order to get the result you want. At the end of the day, to get the antibiotics, all you need to do is visit the doctor, get the prescription, and then fill the prescription. Period. Whether you do it the “easy way” by following the process, or the “hard way” by trying to figure out an exception and ultimately having to do what everyone else does is your choice.

#11

My husband filed for legal separation in sacramento county (he has not lived in for the required 3 months). I have not been served yet -and the proof of service has not been filed. So I filed for DIVORCE in the correct county yesterday and had him served last night and had the proof of service filed by process server today. Is there a likelihood that my filing will be rejected because he filed first? Even if it was in an incorrect county? And I haven’t been officially served?

#12

Legal separation and divorce are two entirely different types of cases. There are no county residency requirements for a legal separation, which means that your husband’s lawyer was able to file in Sacramento County. That said, if you filed for divorce in a county where you’ve been a resident for at least 3 months (and of California for at least 6 months) and served your spouse, there is no other choice but to dismiss the legal separation case. In short, a divorce “trumps” a legal separation.

If the two of you had competing petitions for divorce in different counties, it is the first to SERVE, not the first to file, whose case would prevail.

#13

nice Legal separation and divorce

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