I'm having a REAL hard time trying to understand FL-100 and which of the following forms I should use:
FL-100 mentions on section 5b using FL-160 to describe property so this is where i describe on one form separate property and then on another FL-160 the community property correct?
FL-140 mentions including FL-142. They seem to want the same information. I'm assuming that FL-160 is for the court and FL-142 is served to my wife because it says NOT to file FL-142 with the court. Correct?
A: No. The two FL-160s are served on the other party with the FL-100. The FL-142 is served on the other party, but not filed with the court. If it seems as though you are repeating the same exercise twice, you're correct. That's what you're doing. Constitutional Due Process requires a petition/complaint to start every lawsuit -- no exceptions. The petition must allege ultimate facts that if proved would permit the court to grant the requested relief -- in this case a property division. After the petition is filed and served, the law requires that the parties disclose all of their assets and debts to each other, in a sworn declaration. This is the same thing as was done in the petition, and it's a total waste of time -- but, that's how California law is currently written, so "just do it." -- Nike Slogan (circa. 1990s).
I would also assume that they need to match exactly, however, what I'm confused about is: How do I break down my 401k? It's $440,000 or thereabouts and what portion of it goes where and on which form? $310,000 was prior value before the marriage and $440,000 is the current value during the marriage until separation.
A: You assume incorrectly -- the documents do not have to match exactly -- though they frequently do match - because nothing has changed, or because they are all filed simultaneously.
If you have property which is both community and separate, then you list the respective values twice, with different values and a short note, on each form, e.g., "asset includes both community and separate property."
I was going to break it down this way: With the FL-140 attach:FL-142...put valuation of $440,000 for the whole thing of my 401K; FL-160 Separate Property copy #1 $310,000; FL-160 Community Property copy #2 $130,000
A: You can do it however you wish, just remember that your audience (the judge) may be (probably is) a crappy accountant and has no idea what you're doing, so if you don't explain, then he/she will have to guess.
One of the down sides of the "fill in the blanks" Judicial Council Forms is that they don't really allow much flexibility. Attorneys use a software system that permits writing all over the doc as may be necessary. So, you may want to consider filling out some of the forms by "hand," because it sometimes makes it easier to get your point across (as long as your handwriting is clear).
Hope this helps.
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