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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 111607
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I am trying to finish my divorce without the use of

Customer Question

I am trying to finish my divorce without the use of attorneys and I am working on the final property settlement. It's been 4.5 years of horrible fighting but we are most of the way done... The family home has been sold as well as some cars, horses, etc. We have agreed on custody, child support and alimony, but there is still a sum of money from the sale of the House that needs to be divided. There are also lots of things that need to be reimbursed, more to me, some to him, and I have put together a very detailed spreadsheet of these numbers with support for everything including case law (I'm a CPA so it's an audit proof document). The outcome I am wanting from this filing is to have one more court date and get it finalized because it's just about the property settlement. I'm sure there will be things my x husband will argue with but I'm hoping those items will be just a few after we "meet and confer" and the judge can decide on those items that day. Based on that as my intention, please tell me how I should proceed, and specifically, what form(s) do I need to file. This is California.
Thanks
Submitted: 18 days ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 18 days ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
IF you are going to be signing a property settlement agreement, that is what is filed with the court, no form is filed with the court. If you want to meet and confer, then you need to file a motion for status conference with the clerk and they will set a meeting with the judge. However, that motion goes on a blank motion form. Your property settlement is just on a blank motion form as well with the details of your settlement agreement and you can attach your spreadsheets as well documenting the funds. There are no other forms for this. If you still dispute the items after the status conference, then you need to set the matter for a final community property hearing by filling out an FL 300 asking for a community property order finalizing the case.
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Customer: replied 18 days ago.
My X husband has not agreed to the property settlement, so I need to get him to court so that we can get one of those court appointed lawyers to try to get us to settle. What form do I need to file in order to get that court date or status conference, whatever it's called? And since I already know he is contesting things, shouldn't I just file the FL 300 and ask for finalizing the case?
Customer: replied 18 days ago.
Can you please respond?
Expert:  Law Educator, Esq. replied 17 days ago.
Thank you for your reply. Sorry for the delay, but as you can see I start early in the mornings and sometimes about 7PM is the ending of my day.
You need to file tor FL 300 and ask the court to set the matter for a property division hearing and the court will set a conference before the hearing to determine how close you and your ex are to settlement. You would attach a copy of the proposed property settlement to the FL 300 and you serve him a copy and file a proof of service that you served your ex with a copy by regular mail. The court will send out notices of the dates.