I am in the end process of my divorce. I am the petitioner. Soon to be Ex is the respondent, who is a citizen of another country and who lives out of the country. I submitted our final packet at the end of May to the LA, CA courts and I received a rejection letter today, stating that we did not submit form FL-141. It seems I overlooked this one. Everything else is completed and this form is all that is needed. Do we each (myself and wife) need to fill out and sign one for the Preliminary Declaration AND one for the Final Declaration?
Also, line 4. I am a bit confused as to how both of us are supposed to fill this section out? Spouse and I are agreeing to split anything/everything 50/50, she keeps all her things, I keep all mine, etc. All very straightforward and simple.
Divorce / Separation Lawyer
Yes, you both need to complete and file the form FL-141. If you have an agreement, then the final declaration of disclosure can be waived.
Look at the Judgment check list provided by the LA Superior Court: http://www.courts.ca.gov/documents/fl182.pdf
Family Law Attorney
You both need to fill out form FL-141 unless you are proceeding by default. If by default then only the petitioner needs to file FL-141
Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is fact specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship.
Car / Auto Accident Lawyer
This is a very interesting case, you state that your wife is out of the country and that you have an agreement in place, I am wondering if you had your agreement notarized by a consular Officer in that country and whether the Family Court Judge has said anything regarding the validity of the Agreement. I would advise that you send the FL-141 to your wife and ask her to sign it and have her attach a Notary Affidavit, prior to submitting it to the Court. Or at least ask the Judge, if the notarization is required. Anyone else has any input on this issue?
I am licensed only in California. This information is good only in California and it is not to be taken as legal advise in any other type of situation.