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California Family - Petition to Initiate Divorce
California
This workflow asks questions to automatically fill out the California Judicial Council Forms for a Petition for divorce in California. It considers divorces with or without children, and with or without property.
Family Law, Divorce
California Family - Petition to Initiate DivorceThe information provided on this website/page is for general informational purposes only. It should not be construed as legal advice, nor does it create an attorney-client relationship between the author and any readers or users of this content.
Reviewed By
Carmee Murphy
Attorney
Carmee Murphy graduated from Carnegie Mellon University in 2002 and the University of Pittsburgh School of Law in 2005. Ms. Murphy has 20 years of experience in civil litigation. From 2014 to 2017, Ms. Murphy was selected to the New York Super Lawyers® Rising Stars list, and in 2019, selected to the Pennsylvania Super Lawyers® Rising Stars list. Since 2017, Ms. Murphy has advised and assisted solo practitioners and law firms in civil proceedings in a variety of state and federal jurisdictions.
In the context of a California divorce process, the FL-145 Form Interrogatories—Family Law is utilized during the discovery phase. This stage is crucial as it requires both parties to exchange relevant financial and personal information to ensure a fair division of assets, debts, and determination of support obligations. The use of this form is triggered after one party initiates the divorce proceedings by filing a Petition for Dissolution of Marriage (form FL-100) and serving it to the other party.
- Filing of Initial Petition: This involves the preparation and submission of the FL-100 form to commence the divorce process. Petitioner can serve Form interrogatories anytime after 10 days following service of the Summons (FL-110). Respondents can serve form interrogatories at any time.
- Preliminary Declaration of Disclosure: Prior to using FL-145, both parties might exchange preliminary financial disclosures, usually involving forms such as the FL-142 Schedule of Assets and Debts.
- Initial Discovery: These Interrogatories are a pre-established set of questions, that each party has the option of checking all or a subset thereof, and written responses to each demand must be under oath. If the box by a question is not checked, the responding party does not have to answer it.
- Request for Discovery: If additional information is required beyond what the initial disclosures provide, a party might trigger the need for comprehensive discovery through other discovery tools, such as Request for Interrogatories, Requests for Admissions, Demands for Documents, Subpoenas, and Depositions, etc. Form interrogatories do not count toward the statutory limit of 35 special interrogatories.
Once these initial steps are in motion, the FL-145 form acts as a formal request for detailed information that can influence decisions on asset allocation, support calculations, and other significant legal obligations. Properly responding to these interrogatories ensures transparency and aids in reaching an equitable resolution in the divorce proceedings.
- Obtain the Form: Download the FL-145 form from the California Courts website or retrieve a copy from your local county clerk's office.
- Complete the Form: Fill in the necessary sections, ensuring that all required information is accurately provided and check all boxes to which you want responses. Remember, if you check box #10, you must also serve FL-142 on the other party so they can fill it out as part of their answer.
- Serve the Form: Serve the completed interrogatories on the other party in the divorce case. Ensure the method of service complies with California legal requirements.
- Retain Records: Discovery, including Form Interrogatories, are not filed with the Court; however, you must retain the original form interrogatories and the proof of service for further reference.
- Follow Up: Await responses from the opposing party, who must answer under oath within 30 days, per California's Code of Civil Procedure section 2030.260.
Property Valuation Offers
If you have received written offers or appraisals for any assets, include copies and describe them thoroughly. This can affect the division of property and needs to be fully documented.
Reimbursement Claims
If you are claiming reimbursement for expenses, clearly document all supporting details, including dates and amounts. Accurate records are essential in proving your claims.
Insurance Policies
Provide detailed information about all insurance policies covering you, your children, or your assets. This includes policy numbers and contact details for agents, as this impacts both asset evaluation and support rulings.
Agreement Details
When detailing agreements with your spouse or domestic partner, be specific about the date and nature (written or oral) of each agreement. Remember to attach copies if they are written. This helps ensure clarity and prevents misunderstandings during the proceedings.
Residents
For those living at your current address, include not only family members but also non-relatives, such as roommates or any individuals for whom you share a residence. This could impact calculations related to support and expenses.
Income Documentation
When listing your income, provide detailed documentation such as your last three pay stubs and any other proof of income. Ensuring thoroughness in this section is crucial as it affects support calculations.
Other Income Sources
Detail any additional sources of income not previously mentioned, such as side jobs or bonuses. Clearly state the source, date received, and value, as accuracy is important to avoid discrepancies in financial assessments.
Tax Returns
Attach all relevant tax returns for the past three years. Include every jurisdiction if you have filed in multiple places. This ensures a complete financial picture.
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1
Ensure a filed copy of Form Interrogatories—Family Law (FL-145) has been served to the other party involved in the divorce case, adhering to the rules for service of process in your jurisdiction.
2
Wait for the answering party to respond within the 30-day period as stipulated under California Code of Civil Procedure section 2030.260.
3
Review the responses received from the answering party for completeness and accuracy, ensuring all interrogatories you selected are answered fully.
4
If the responses are incomplete or unsatisfactory, consider filing a motion to compel further responses in court, after consulting an attorney if necessary.
5
Continue with the discovery process by preparing any necessary subsequent forms or scheduling further necessary actions such as depositions, contingent on the responses received.
