Pre - Dissolution of Marriage, Legal Separation, or Nullity with Minor Children - Guideway Legal Document and Mediation Services

Dissolution of Marriage, Legal Separation, or Nullity with Minor Children

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It is possible to amend a Petition after it has been filed with the court. The filing and serving of an amended Petition on your spouse may restart your six month mandatory waiting period and may allow your spouse additional time to respond.

This workbook will produce a Petition (FL-100), Summons (FL-110), and Proof of Service (FL-115 and FL-117) forms. When your summons is served, each spouse is prohibited from cashing, borrowing against, transferring or taking other similar actions regarding insurance, real and personal property, or creating or modifying a nonprobate transfer without the written consent of the other party.

This workbook and your answers are used by Guideway to prepare the requested legal forms. Please use the information found in this workbook and, if applicable, in the appropriate Guideway Overview on the subject or your own knowledge or independent research when deciding how to proceed in your legal matter. If you need additional resources, please do not hesitate to ask your Guideway Representative for help in finding them.

If an answer is left blank, Guideway will assume the intended answer is "none" or "N/A".

Are you married or registered domestic partners?*

We are married.
We are Registered Domestic Partners.
Both

Not for Registered Domestic Partners: Your partnership must be registered with the California Secretary of State.

Do you want to be divorced or legally separated?*

I want to be divorced.
I want to be legally separated.

Note: With a Legal Separation, you will remain married after the proceeding has completed.

INFORMATION ABOUT YOU

One spouse will be the "Petitioner" and one spouse will be the "Respondent". The Petitioner initiates the court process. Since you are starting this process with us, we'll assume you are going to be the Petitioner.

Petitioner's Name*

Petitioner's Email*

Date of Birth

Gender*

Male
Female

Address*

Street Address Address Line 2 City State ZIP Code

Home Phone*

Cell Phone*

County of Residence*

INFORMATION ABOUT YOUR SPOUSE

Respondent's Name*

Gender*

Male
Female

Address*

Street Address Address Line 2 City State ZIP Code

Home Phone #*

Cell Phone #*

County of Residence*

Is your spouse on active military duty?*

Yes
No

Note: If your spouse is on active military duty, he/she will need to sign an Appearance, Stipulation and Waiver (FL-130) and a Marital Settlement Agreement in order for Guideway to assist.

INFORMATION FOR PETITION

County of filing

Mark all that apply regarding you and your spouse’s residency

I have been a resident of California for at least the last 6 months and a resident of the county in which I intend to file the divorce for at least the last 3 months.
My spouse has been a resident of California for at least the last 6 months and a resident of the county in which I intend to file the divorce for at least the last 3 months.

Note: If neither of the above statements is true, Guideway will not be able to assist you with the divorce at this time; however, at your direction, Guideway can assist you with a Legal Separation now, and with amending the petition to a divorce once the residency requirement has been established.

Date of Marriage*

Date of Separation*

INFORMATION REGARDING MINOR CHILDREN

The minor children of the marriage who are children of the parties are as follows*

Child’s Full Name	Date of Birth (MM/DD/YYYY)	Birthplace	Age	Gender (Male/Female)

Were any of the children named above born BEFORE the date of the marriage?*

Yes
No

Were any of the children named above born BEFORE the date of the marriage?

If any of the children named above were born BEFORE the date of the marriage, indicate how paternity of any such children will be handled.*

NA – All of the children listed above were born after the date of the marriage.
The biological father will sign a voluntary declaration of parentage.
I would like the court to determine parentage of any such children.

CUSTODY INFORMATION

CUSTODY DEFINITIONS:
Joint Custody: Parents share joint physical and joint legal custody
Joint Legal Custody: Parents share the right and responsibility of making decisions relating to the child’s health,education, and welfare.
Joint Physical Custody: Each parent will have significant periods of physical custody arranged to assure the child has frequent and continuing contact with both parents. It does not need to be 50/50; even 70/30 would be okay.
Sole Physical Custody: Child(ren) will live and be under the supervision of one parent.
Sole Legal Custody: One parent has the right to make decisions relating to the child’s health, education and welfare.

Who should get legal custody of the child(ren)?*

Me
My Spouse
Joint (Shared)

Who should get physical custody of the child(ren)?*

Me
My Spouse
Joint (Shared)

Who should have visitation with the child(ren)?*

Me
My Spouse
Joint (Shared)

Note: If you selected joint physical custody, then visitation will be checked for both spouses.

VISITATION

I do not want to specify a specific visitation schedule

Residence information

Information must be for the past 5 years, beginning with the current address of the child.

Address Details*

Dates (From/To)(From/To Present)	Address Where Child Lived (Include City & State)	Name of Person(s) Child Lived With	Relationship to Child

Do you have information about a custody proceeding pending in any court concerning a child in this case, other than this case?*

Yes
No

Please provide the following information and include a copy of the judgment or court order.

Name of each Child*

Your role in the case*

Dissolution/Divorce
Guardianship
Adoption

Name, State and Location of court*

Date of any court order or judgement*

Are there any domestic violence restraining/protective orders now in effect?*

Yes
No

Please provide the following information.
Note: A copy of each order must be attached to form No. FL-105 (Declaration Under Uniform Child Custody Enforcement Act).

Criminal: County/State*

Case #*

Family: County/State*

Case #*

Juvenile: County/State*

Case #*

Other: County/State*

Case #*

Do you know of any person other than yourself and your spouse who has physical custody -- or claims to have custody or visitation -- of any of the children listed above?*

Yes
No

Name of Each Child*

Name and Address of Person*

Person*

Has physical custody
Claims custody rights
Claims visitation rights

ACKNOWLEDGEMENT

I,*

, acknowledge that

The answers to all questions in this workbook were provided by me. I can update or change my answers in person, by telephone, or by email.
I did not receive any legal advice from Guideway or any of its employees in the selection or preparation of my forms.
I hereby direct Guideway to type and perform certain services outlined in the Contract.
I declare that the foregoing information which I have provided is, to the best of my knowledge, true and correct.
I agree that I have received the Guideway Dissolution Overview and been given the opportunity to read it prior to completing this workbook.

Date*

® PROPRIETARY: This document and information contained herein may not be reproduced, reused or disclosed without the express written permission of Guideway Legal Document and Mediation Services.

Dissolution of Marriage, Legal Separation, or Nullity with Minor Children

INFORMATION ABOUT YOU

INFORMATION ABOUT YOUR SPOUSE

INFORMATION FOR PETITION

INFORMATION REGARDING MINOR CHILDREN

CUSTODY INFORMATION

Residence information

ACKNOWLEDGEMENT

Contact Information

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