California Divorce | Property Order Attachment Completion FL-345
Today we are talking about the divorce judgment when you go to enter your judgment and what forms are needed and today we’re specifically talking about the judgment order attachment.
So, when you submit your judgment, we’re talking about the forms specifically not the marital settlement agreement. If you have a judgment that involves children, you’re going to have the child custody order.
If you have child support you’re going to have the child support order. If you have spousal support, you’re going to have spousal support order. If you have property, you’re going to do the property order and we’re talking about form FL-345.
What we’re starting to see is a trend with the courts here that they now want to see a property order attachment, even if there is no property.
In the past we could get away with just marking on the judgment there’s no property to be disposed off by the court. And then we started seeing the trend of judgment coming back with the clerk asking that we include a property order and simply saying none on there.
This is form FL-345 and where it says, division of community property assets for petitioner and respondent. And if there’s no property, simply mark the box that there’s no community property asset.
And same goes for separate property and community property debts. You can simply mark the “No” box.
So even if there’s no property, just mark “no community property assets”, “no community property debts”, and for separate property, everyone is going to have some separate property whether you listed it or not in your financial disclosures.
One thing that we’ve noticed that the courts would like as far as separate property, you don’t have to actually list all the separate property. What we have been writing is this following phrase, and also this is the court confirms the following assets or debts as the sole property or sole responsibility of the petitioner, and then, there’s a line for the respondent as well.
But what we write under there and this is number 4A on the FL-345 is “any and all assets and debts in petitioner’s name or possession”. Same thing for respondent, “any and all assets and debts in the respondent’s name or possession”.
That basically will take care of any and all assets that are in your name and possessions are going to be confirmed to you as your separate property. And that takes care of that without having to list all your separate property.
Just a quick little note on that, here’s a trend we’re trying to see with the courts so I want to make sure we got that out to you guys.
Please call us if you need help with your divorce in California, that’s what we specialize in. please check our website or give me a call. The number is 661-281-0266.
