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In CA, if an individual is seeking palimony for their term…

In CA, if an...

In CA, if an individual is seeking palimony for their long term partner who is now deceased, would they file a general civil suit?

Lawyer's Assistant: What steps have they taken? Have they filed any papers in CA family court?

No, because CA does not recognize common law marriage, palimony isn't sought through family court. Therefore I believe that they must file a general civil suit, either limited or unlimited jurisdiction. If so, they need to know what initial forms to file

Lawyer's Assistant: Have they talked to a lawyer about this yet?

Yes, briefly.

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3/28/2018
LegalGems
LegalGems, Lawyer
Category: Family Law
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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You are correct in that palimony actions are in superior court not family law since it is a civil suit and is based on case law (Marvin v. Marvin, 18 Cal3d 66).

If the relief sought is between $10,000-$25,000 then general limited is the proper forum:

If over $25,000 then general unlimited;

please see:

http://www.courts.ca.gov/1061.htm

There is no pro forma document for this-rather it is custom drafted on pleading paper:

http://www.courts.ca.gov/selfhelp-forms.htm

https://sandiegolawlibrary.org/pleading-paper-template/

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Category: Family Law
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Customer reply replied 3 months ago
Thank you so much! That is exactly the information that I needed!
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