How To Complete California Divorce Form FL-345 (2024 Forms) | Los Angeles Divorce

Posted by Tim Blankenship on

 

How To Complete California Divorce Form FL-345 (2024 Forms)

Filing for divorce in California can feel overwhelming, especially when it comes to dividing assets, debts, and property. Fortunately, California’s Form FL-345 simplifies this process by clearly outlining how to divide community and separate property during a divorce. In this guide, I’ll walk you through completing Form FL-345 step-by-step, based on my experience helping couples navigate amicable divorces in California.

Understanding the Purpose of Form FL-345

Form FL-345 is designed to document the division of community property assets and debts between spouses or domestic partners. It helps ensure that both parties understand what assets and debts belong to whom, whether they are community property acquired during the marriage or separate property owned before the marriage or after separation.

The form covers several key areas:

  • Division of community property assets
  • Division of community property debts
  • Equalization payments for buyouts
  • Separate property listings
  • Sale of property instructions
  • Additional orders or notes

Step 1: Division of Community Property Assets

This section is straightforward. If you and your spouse have no community assets to divide, simply mark the “none” box. If you do have assets, check the box indicating so and list the assets clearly. For example, you might list a vehicle like a “2011 Toyota Prius” and continue listing other assets separated by commas.

Assign each asset to either the petitioner or the respondent. For instance, you can specify which spouse will receive the Toyota Prius or any other community property. This clarity helps avoid confusion later in the divorce process.

Note on QDROs: If you are dividing retirement accounts such as a 401(k) or pension, this is where you would include that information. You might want to specify who will share the cost of preparing the Qualified Domestic Relations Order (QDRO) and any relevant details about it. (I can cover QDROs in detail in a separate guide.)

Don’t forget to mark box G, which states that each spouse or domestic partner will receive the assets listed as their sole and separate property. This is important because this section deals with community property—assets and debts acquired during the marriage—and they need to be assigned properly.

Step 2: Division of Community Property Debts

After listing assets, the form asks you to divide community property debts. Similar to assets, either mark “none” if there are no debts or list the debts assigned to each party.

For example, you might list credit card balances or loans that were incurred during the marriage and assign them to the petitioner or respondent accordingly. This clear division prevents surprises about who is responsible for what debt after the divorce.

Step 3: Equalization of Division of Community Property

This section is used primarily when one spouse is buying out the other’s share of a community property asset, such as the family home. If that’s the case, specify the amount the petitioner or respondent will pay to the other party to buy out their community property interest.

For example, you might write, “Petitioner will pay $50,000 to respondent to buy out the community property share of the family home.” This helps formalize the buyout agreement and ensures both parties agree on the compensation amount.

Step 4: Separate Property

Separate property includes anything that is not community property—assets or debts owned before marriage, acquired after separation, or inherited individually. List these items separately here.

Often, separate property might include a fully paid-off car owned before marriage or debts that were taken on after separation. The goal is to capture any remaining assets or debts that don’t fit into the community property sections.

Keep in mind, you don’t need to list every small personal item (like silverware or microwaves). Focus on major assets and debts of value that you want included in the marital settlement agreement.

Typically, you’ll state “any and all assets and debts in petitioner’s name or possession” and do the same for the respondent. This covers anything else not previously listed.

Step 5: Sale of Property

If you plan to sell a property, such as the family home, this section allows you to specify how the proceeds will be divided. For example, you can state that the property will be sold and the proceeds divided equally.

Alternatively, you might specify that one party receives the first portion of the equity (e.g., the first $50,000) with the remaining equity divided equally. This flexibility helps tailor the agreement to your unique situation.

Step 6: Other Orders

If there is anything else you want to include that didn’t fit in previous sections, use the “Other Orders” section. This is commonly used when there is too much detail to fit in a particular box. You can note “see other” and reference where the continuation can be found.

Final Tips for Completing Form FL-345

  • Use the form’s structure: The form is designed to be user-friendly and clear, so stick to the format provided.
  • Be specific and clear: Accurately list assets and debts, assigning them to the correct party.
  • Focus on meaningful items: Don’t get bogged down listing small household items—focus on assets and debts with significant value.
  • Mark box G: This confirms that community property assets are assigned as sole and separate property, which is crucial.
  • Seek help if needed: If you have complex issues like dividing retirement accounts, consider consulting a professional or watching specialized guides on those topics.

Conclusion

Completing California Divorce Form FL-345 doesn’t have to be complicated. By carefully listing community assets, debts, separate property, and how property sales will be handled, you create a clear and enforceable agreement that protects both parties. Remember, the goal is to divide property fairly and transparently, reducing conflict and smoothing the divorce process.

If you want more detailed help with your divorce paperwork, consider reaching out for a consultation or exploring additional resources tailored to amicable divorces in California.

 

Understanding the Divorce Judgment and the Importance of the Judgment Order Attachment in California | California Divorce

Posted by Tim Blankenship on

 

Understanding the Divorce Judgment and the Importance of the Judgment Order Attachment in California

When navigating the complexities of divorce proceedings in California, one of the most critical steps is the submission and approval of the divorce judgment. This document finalizes the divorce and outlines the court’s orders regarding various aspects of the dissolution of marriage. However, many people overlook the importance of accompanying forms, particularly the Judgment Order Attachment, which has become increasingly essential in recent court practices.

In this article, I’ll walk you through the key components of the divorce judgment, the specific forms involved, and the recent trends in court requirements, especially concerning property orders. Whether you’re dealing with child custody, support issues, spousal support, or property division, understanding these elements can save you time, avoid delays, and ensure your judgment is accepted smoothly.

What Is the Divorce Judgment and Why Is It Important?

The divorce judgment is the official court order that legally ends your marriage. It incorporates all the terms and agreements reached during the divorce process, including custody arrangements, support obligations, and property division. Without this judgment, your divorce is not finalized.

Submitting the judgment correctly is crucial. The court requires specific forms to accompany your judgment, and these forms vary depending on the issues involved in your case. Failing to submit the correct forms or attachments may result in your judgment being rejected or sent back for corrections.

Key Forms Attached to the Divorce Judgment

When you submit your divorce judgment, you must include the appropriate Judgment Order Attachments. These forms specify the court’s orders on different aspects of the divorce. The main types of attachments include:

  • Child Custody Order Attachment: Required if your case involves child custody arrangements.
  • Child Support Order Attachment: Needed if child support payments are part of your judgment.
  • Spousal Support Order Attachment: Used if spousal support (alimony) is ordered.
  • Property Order Attachment: Pertains to the division of property and debts between spouses.

Each attachment outlines the court’s specific orders related to these areas, ensuring clarity and enforceability of the judgment.

The Emerging Trend: Property Order Attachment (Form FL-345)

One of the most important updates in recent years is the court’s increasing insistence on including a Property Order Attachment—specifically Form FL-345—with the judgment, even when no property division is involved.

Previously, it was common practice to simply note on the judgment itself that there was no property to be disposed of by the court. This practice often sufficed, and courts accepted judgments without a formal property order attachment if there was no property to divide.

However, courts have started sending judgments back, requesting that a Property Order Attachment be submitted regardless. This means that even if you and your spouse have no community or separate property to divide, you now need to file Form FL-345 and explicitly state that there is no property or debts to be divided.

How to Complete Form FL-345 When There Is No Property

Form FL-345 is designed to confirm the division of community property, separate property, and debts. If you have no community property or debts, you simply mark the appropriate boxes indicating “No Community Property Assets” and “No Community Property Debts.”

For separate property, even if you did not list all items in your financial disclosures, the form requires you to confirm ownership. Courts generally expect everyone to have some separate property, whether listed or not.

To handle this, a useful approach is to use a broad statement that covers any and all separate property and debts without listing each item individually. On section 4a of Form FL-345, the statement should read:

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

Similarly, for the respondent’s separate property:

“Any and all assets and debts in the respondent’s name or possession.”

This phrasing satisfies the court by confirming that all separate property and debts belong solely to the respective party, avoiding the need to itemize every single asset or debt. It simplifies the process and meets the court’s expectations.

Why Is This Trend Happening?

The shift toward requiring a formal Property Order Attachment in all divorce judgments likely stems from the court’s desire for clarity and completeness. By having a standardized form that explicitly states the status of property and debts, courts can avoid ambiguity and potential disputes later on.

Even if there is no property division, having the form on file ensures that the court has a clear record of this fact. It also protects both parties by confirming that the court has considered property issues and made a definitive ruling, reducing future litigation risks.

Other Important Attachments for Divorce Judgments

Besides the Property Order Attachment, here’s a quick overview of the other common attachments you should be aware of when submitting a divorce judgment:

Child Custody Order Attachment

If your divorce involves children, the court requires a Child Custody Order Attachment. This document details the custody arrangement, visitation schedules, and decision-making responsibilities. It provides a clear framework for both parents and helps enforce custody terms.

Child Support Order Attachment

When child support is part of your divorce, the Child Support Order Attachment outlines the amount, payment schedule, and any special conditions related to support. This attachment ensures the support terms are enforceable by the court.

Spousal Support Order Attachment

If spousal support (alimony) is awarded, this attachment specifies the amount, duration, and terms of payment. Like the other attachments, it is essential for enforcement and clarity.

Common Mistakes to Avoid When Submitting Your Divorce Judgment

  • Omitting Required Attachments: Ensure you include all necessary Judgment Order Attachments based on your case specifics. Missing attachments can delay your judgment’s approval.
  • Failing to Submit Form FL-345 When No Property Exists: Even if there’s no property to divide, submit the Property Order Attachment with boxes marked “No” to satisfy court requirements.
  • Not Using the Broad “Any and All” Statement for Separate Property: Avoid listing every separate asset. Instead, use the phrase “Any and all assets and debts in [party’s] name or possession” to cover all separate property.
  • Ignoring Court Trends: Courts evolve their requirements. Stay updated to avoid surprises when your judgment is returned for corrections.

How We Can Help You with Your California Divorce

Divorce can be a complicated and emotional process, especially when legal forms and court requirements change frequently. Our team specializes in California divorce law and can guide you through the entire process, ensuring your judgment is prepared correctly and submitted with all necessary attachments.

If you’re unsure about how to complete Form FL-345 or any other Judgment Order Attachments, or if you want to avoid delays with the court, please don’t hesitate to reach out. We offer comprehensive support tailored to your unique situation.

Visit our website or give us a call at the number on your screen to get started. We’re here to help you finalize your divorce smoothly and with confidence.

Conclusion

Submitting a divorce judgment in California involves more than just filing the document itself. The court requires specific Judgment Order Attachments depending on your case, and recent trends highlight the importance of including the Property Order Attachment (Form FL-345), even when no property division is involved.

By understanding these requirements and using clear, comprehensive language—especially when confirming separate property—you can avoid delays and ensure your divorce judgment is accepted without issue. Remember, the court’s goal is clarity and finality, and these forms help achieve that.

For anyone navigating divorce in California, staying informed about these procedural details is crucial. If you need assistance with your divorce judgment or any related paperwork, professional help is just a call or click away.

Thank you for reading, and best wishes on your journey through divorce and beyond.