Questions about Form FL-150 and FL-160

Hi Cristin,
I filed form FL-150, FL-160 & form FL-165 thinking that my husband didn’t file a response to the divorce claim because I never received a copy of his response. I found out he actually file a response because form FL-165 was returned to me. Was he or his lawyer supposed to send me a copy of the response? What do I do now? We live together and he never mentioned anything to me about his response. He filed the response in December.

Thanks,

Evelyn

Yes, his lawyer should have sent you a copy. You can either ask the attorney for a copy or go down to the courthouse and buy a copy.

Hello. I made the biggest mistake of my life and married a horrible person after only dating for a little over a month. The “marriage” only lasted two months before I filed. Since we have nothing combined, conjoined nor in both our names, do we have to fill out these forms? We did not live together nor make any purchases together. She supposedly got a consultation in which they told her we do not. However, I do not trust her word nor her judgement. Can you please answer this for me?

I watched all your video’s, which were incredibly helpful. However, I do not want to fill out unnecessary paperwork since it is so much.

I just received the FL-115, FL-117 and FL-120 back from her and am taking them to the clerks office today on my lunch.

thank you so much.

If by “these forms,” you mean FL-150 and FL-160, they are required for a standard dissolution. If you qualify for a summary dissolution, then they are not required. It sounds like you have already filed FL-100, but if you do qualify for a summary dissolution, I would probably dismiss the case and start over with the summary dissolution paperwork.

Hello,
I am looking to file my Dec. of Disclosure forms and am still not sure if I need to fill out the fl-160 form after reading through this string. If the fl-160 is required for standard dissolution, is there a video instruction on your website to assist in filling it out?
I am confused about if this form is a continuation from fl-142, or if the fl-160 notates how assets are to be divided.
My husband and I have an amicable dissolution and have agreed upon which assets are to go where. would the fl-160 be the form to indicate this agreement, and if so, does it have to be equitable for the judge to agree?
Thank you

Form FL-160 and FL-142 are interchangeable forms - you only need to use one of them to complete your declaration of disclosure.

I typically use form FL-160 in default judgment cases and FL-142 in all other cases. The video series walks you through form FL-142, but the general concepts can be applied to FL-160.

Your final agreement is separate from your financial disclosures and would be written up using FL-180.

Ah, I see. So since I have filled out the fl-142, I will not fill out the fl-160.

Is there anywhere (on which form) I would make a notation then about which asset(s) we would like to split? For example, we have two vehicles. One is paid off and the other we still owe on. Can we decide and make a note that he will be taking the paid off vehicle? Or could the judge see this as unequal and divide otherwise?

Thank you again for any clarification

You will want to recite the terms of your agreement in your final Judgment.

I have watched your videos on how to fill out all the forms and foremost I want to thank you and congratulate you. I looked through the forum but did not find this answer so hope this question will b useful to others as well.

Both income and the value of assets change with time. My date of separation is May 2018, but I am filling these out on Dec 2018. So what date do I use to fill these out if situation has changed in between? Specifically:

a) FL-150 Do I use my salary from today, or from May? I got a significant raise in between. I am afraid that if I use todays salary my wife will get more alimony when in fact she never benefited from that standard of living with my raise.

b) FL-150 Do I use my expenses now that we are sorta financially separated or what it was right before we “separated”?

c) FL-142 You mentioned on bank statements and balances to use the date of separation, should that not be true with all assets, my car has depreciated, my home has appreciated, loans have been paid etc? So which date do I use to take the snapshot of what Assets are worth.

d) And generally is there a good place on the forms to explain all this that the judge pays attention to?

Thank you

a) You use your current salary. The FL-150 is based on current circumstances. Your concern is a valid one, and for temporary (pre-divorce judgment) support, you should be prepared to pay based on your newly elevated income. While you can and should argue that any support should be based on your earnings at time of separation, most judges will not find that argument persuasive.

b) You use your current expenses.

c) It’s a good idea to use date of separation bank statements, because those assets are divided at date of separation, although since there has been a significant gap between the date of your disclosures and the date of separation, I recommend providing both date of separation and current statements. The same goes for any credit card, retirement, unsecured loan statements. As for real property and vehicle values, we use current, because these assets are divided at “time of trial,” meaning the time closest to the end of the case.

d) Judges don’t really take a look at FL-142 - you’re not supposed to file it with the Court. Judges DO look at FL-150. You can add in information under #9 and under #20.

Hello,

On FL-160 under “Real Estate” what if I rent, and did not own a

home, what did I input under “Real Estate”?

You would not input anything under real estate. That section only applies to people who own real estate.

hello
i am responding to a second dissolution because my ex did not agree with judgement in 2009. I am asking case to be dismissed. He has not finalized last case. can he do this?

I need some more context and background to specifically answer your question, but in general, if a case does not have custody or child support orders and has not been finalized by a judgment within five years, the judge can dismiss (close) the case. Closing a case would require the parties to start over again and re-file for divorce.

If a pre-existing case is still open, however, the second case should be dismissed, or possibly consolidated with the first case.

Hi There,
I watched the video for filling out fL150.
Question 1. If I have no income and I am a college student, do I put N/A on every expense line for the FL150 form? I have not worked in the past.

Question #2. For unemployed line do I put., unemployed college student
Question # 3. I live at home with my parents. Do I list them and they do not want to give me their monthly salary information.
I am petitioning for the divorce. Mt Ex and I have no children, no shared property together. Just want the divorce.

  1. Even without income, I have to assume you have expenses. So you will need to list those expenses on page 3.

  2. That works.

  3. Yes, you list them. You can put “unknown” for monthly salary information.

Side note: if this is an uncontested divorce, you should look into a summary dissolution. It’s a much easier way to divorce if you’ve only been married a few years and have minimal assets and debts.

My ex has not been serviced yet. I just finishing filling out the initial forms by watching your video instructions (very helpful by the way). I have to go to the courts to file them. I was just making sure I had the proper information.

I have the FL100, FL110,FL115,Fl117, F150 Do I file all these with my initial petition?

You need to file FL-100 and FL-110. You can but are not required to file FL-150 when you file FL-100 and FL-110 (you’ll need to file it eventually, though). You can’t file FL-115 or FL-117 until your ex has been served.

Cristin,

I hope this forum is extant! It’s really useful for folks who need orientation. I have several questions about form FL-150.

First, my girlfriend was divorced in Moscow towards the end of 2016, but the income and expense form her ex-husband filed is current as of 2019, not at the time of separation. It seems the form ought to be constructed with the financial situation at the time of divorce or separation (in the case there was no separation period).

Second, I’m wondering how stock options are treated. It seems to me they are tied to my current employer. Due to the nature of the stock options, which were granted in May with a separation in October, it’s not clear to me how to declare these for various reasons, including their value at vesting is unknown.

Third, I have an unknown amount of money in a some kind of holding account. My understanding is that as I have not received the money yet. My understanding is this is not taxable until such time as I take the money. How do I declare this unknown amount of money? My intent is to take the money in February or so.

Thanks for your time on this!

I’m sorry, but I don’t know if I fully understand your questions.

Regarding your girlfriend/ex-husband’s situation, form FL-150 is based on current income, not income as of date of separation.

Stock options are one of the most complicated issues in a divorce. Options that are granted during marriage are community property; however, since they are tied to your ongoing post-separation employment, there is also a separate property interest. The community/separate components of the options are apportioned using a formula, the most common ones based on cases (Hug and Nelson). Options that vest shortly after separation will be nearly all community property, whereas options that vest years after separation will be primarily separate property.

On top of the property division aspect, the separate property component of your stock options is related to another issue, namely support. Your separate property stock option income is income available for both child and spousal support. In general, the community income from stock options is excluded from a support calculation, since each of you is receiving 50%. The income from your stock options is based/calculated on the vesting date, NOT the date you actually exercise.

Finally, I don’t have nearly enough information to understand what “unknown money in some kind of holding account” means. Is this money from an inheritance? Employment? Investment? If you’re asking for how to disclose it on your financial disclosures (FL-140 or FL-160), you would list the account holder/institution, the date acquired (it sounds like you choose when you can receive the money, so I would put the date that the money went into the account), and the value would be “Unknown” or “TBD.”