Understanding the California Divorce Property Order Attachment FL 345

Hi, Tim Blankenship here with Divorce661. Today, we’re diving into the essential topic of the Divorce Judgment and the necessary forms that accompany it, with a particular focus on the Property Order Attachment, known as Form FL 345. This is crucial for anyone navigating the divorce process in California.

The Importance of the Divorce Judgment

The divorce judgment is a significant component of the divorce process. It serves as the official court order that outlines the terms of the divorce, including child custody, child support, spousal support, and property division. When submitting your judgment, it’s vital to include all necessary forms, especially the FL 345, even if you believe there is no property to divide.

What is Form FL 345?

Form FL 345 is the Property Order Attachment that must accompany your divorce judgment. This form is necessary to confirm the division of community and separate property. In recent trends, courts have started requiring this form even when there are no assets to divide. This is a change from previous practices where simply stating there was no property was sufficient.

Why Courts Want FL 345 Even When No Property Exists

Many clients have approached me with confusion about why the courts are now insisting on the FL 345 form. Previously, if there was no property, parties could mark the judgment accordingly, and that would suffice. However, we’re seeing a shift where clerks are returning judgments that lack this property order attachment, even if the answer is “none.” This trend highlights the importance of being thorough in your paperwork.

Completing the FL 345: Step-by-Step

When filling out Form FL 345, you need to address several sections carefully:

Division of Community Property

In the section for Community Property Assets, you will find a checkbox. If there are no community property assets, make sure to mark the box indicating that there are no community property assets or debts to be divided by the court. This applies to both assets and debts.

Separate Property Considerations

It’s essential to note that everyone typically has some form of separate property. This can include assets acquired before the marriage or gifts received individually during the marriage. You don’t have to list every item of separate property, which can be overwhelming. Instead, you can use a simple phrase to cover all bases.

For example, under Section 4a of the FL 345, you can write:

“Any and All assets and debts in the petitioner’s name or possession.”

This phrase ensures that all assets and debts in your possession are confirmed as your separate property without the need for an exhaustive list.

Key Takeaways for Completing the FL 345

Here are some essential tips to remember when working with Form FL 345:

• Always include the FL 345 with your judgment, even when there’s no property.
• Clearly mark all sections, indicating the absence of community property assets and debts.
• Use broad language to cover separate property without needing to list every item.
• Stay updated on court trends regarding property orders to avoid delays in your case.

Final Thoughts

The divorce process can be complex, especially when it comes to paperwork. Understanding the requirements for the Divorce Judgment and the importance of the Property Order Attachment FL 345 is crucial for a smooth process. If you’re feeling overwhelmed or unsure about your divorce paperwork, don’t hesitate to reach out for help. At Divorce661, we specialize in guiding individuals through the divorce process in California.

For further assistance or to learn more, please visit our website or give us a call. Thanks for tuning in, and I hope this information helps you navigate your divorce with confidence.