Divorce in CA: Preliminary Disclosures: Do we need to file INCOME AND EXPENSE DECLARATION , along with Form FL141:
My friend is undergoing divorce in CA and served preliminary disclosure to the spouse.
As a proof, does she need to file INCOME AND EXPENSE DECLARATION along with FL141?
Cristin’s answer:
The Income and Expense Declaration is a mandatory form that must be filed with the Court. As the other attorney stated, there are four forms that make up the preliminary declaration of disclosure. FL-141 is the "proof" that the Income and Expense Declaration and Declaration of Disclosure were served on her spouse. The Declaration of Disclosure states that your friend served both an Income and Expense Declaration and Schedule of Assets and Debts.
A good tip is to look at the top right hand side of the document. If there is an empty box there, it's supposed to be filed with the Court - the clerk will put a stamp in that box when you do file the document. If there is no box (like on the Schedule of Assets and Debts and Declaration of Disclosure), you do NOT need to file them with the Court. That being said, your friend still needs to serve all the documents.
Good luck to her!
Husband is in prison, how do I file for divorce???: I want to divorce my husband. He is in prison, we married while hes in prison and hes still in prison. How do I go about this? He is also stating he wants to collect alimony, can he? We have only been married for a year and a half. I also do not want him to have an address for me. Does anyone have any advise for me?
Cristin’s answer:
You will file for divorce the same way you would if he was not in prison. That starts by two documents, a Petition and a Summons, which you would file with the Court and then serve him. In some ways, it's easier that he's in prison, because you know where to serve him. You'll want to contact the prison's legal department to find out how to get the papers to him and to also ensure that you'll get the proof of service back.
Regarding your alimony question, yes, he can ask for spousal support; however, you will argue that he has no need for support due to being in prison, and furthermore, you've never supported him during your very short-term marriage. There are a number of other arguments that an attorney can help you with as to why spousal support is inappropriate.
Finally, as for an address, you do not need to list your physical address with the Court; however, you must provide a mailing address. Many people use a PO Box or a parent's address when trying to keep their present address confidential. Alternatively, if you use an attorney, the attorney's address will be used, not yours.
Good luck!
If the Father has documents and wants to bring them up on the day of court but I have never seen them is that legal?: Family Law
Cristin’s answer: The answer to your question is a little tricky - I wouldn't say it's per se illegal to bring documents up the day of court. Obviously though, it puts you at a big disadvantage, and it's not something you should ignore. You will want to inform the judge that you object to these documents being brought up, since you have never seen them before and are therefore unable to respond. You can ask the judge to order him to provide you copies, and if necessary, ask for a continuance (new court date) so that you have time to respond.