County of San Bernardino OFFICE OF THE COUNTY CLERK 351 North Arrowhead Avenue, San Bernardino, CA 92415-0210 8303 Haven Avenue, Rancho Cucamonga, CA 91730 14455 Civic Drive, Victorville, CA 92392 235 East Mountain View, Barstow, CA 92311 6527 White Feather Road, Star Route 1, Box 60, Joshua Tree, CA 92252 INFORMATION RE: PRO PER FILING IN MARRIAGE DISSOLUTIONS QUESTIONS PERTAINING TO LEGAL MATTERS OR THE PROPER COMPLETION OF THE APPROPRIATE FORMS FOR FILING DISSOLUTIONS OF MARRIAGE SHOULD BE ANSWERED BY AN ATTORNEY. "The County Clerk and his deputies are prohibited by law from rendering legal assistance or advice in court proceedings (Section 24004, 68082 and 68083 California Government Code). In view thereof, persons appearing in their own behalf (in propria persona) are responsible for preparing and presenting their pleadings in complete and proper form and MUST COMPLY WITH ALL RULES OF COURT. It should be noted that in instances where the Court will be ruling on complicated matters relating to support of wife and children, custody of children, community debt or disposition of property, it is advisable to proceed through counsel rather than in propria persona." You may consult any attorney of your choice, but if you do not know an attorney, you may consult the Lawyer Referral Service or it is possible that you may qualify for free legal assistance through the Legal Aid Society. There are no attorneys in the offices of the Lawyer Referral Service or Legal Aid Society. The function of those offices is to obtain an appropriate appointment for you with an attorney; and in the case of Legal Aid, to process your application for free services. The Lawyer Referral office is located at 555 N. Arrowhead, San Bernardino, CA. The following information is made available to litigants handling their own cases: 1. Necessary forms must be obtained from the Forms Section in the County Clerk's Office upon payment of the proper forms charges. All forms MUST BE TYPED OR PRINTED IN BLACK INK and submitted to the County Clerk's Office for filing. Every place there appears "Attorney for ," remember, you are your own attorney and your name and address must appear in the appropriate boxes. If custody proceedings are a part of the Petition, the Affidavit required by Section 5158 of the Civil Code must also be filed if the Petitioner cannot allege, in the Petition, that for the preceding five (5) years the child(ren) of the marriage has resided with one or both parents. NOTE: UNDER COURT POLICY A CONFIDENTIAL COUNSELING STATEMENT MUST BE COMPLETED IN FULL BY THE PETITIONER AND AN ENTIRELY BLANK CONFIDENTIAL COUNSELING STATEMENT SERVED ON THE RESPONDENT 2. The initial packet of forms contains the Petition, Summons and Confidential Counseling Statement. Forms MUST BY TYPED OR PRINTED IN BLACK INK and then filed with the Family Law Clerk at the County Clerk's Office and receive a case number. After the Summons is issued, the Respondent must be served with a copy of the Petition, Summons and a BLANK Confidential Counseling Statement, together with other papers relevant to the action such as Temporary Restraining Order, Order to Show Cause, etc. The Petitioner MAY NOT serve the Respondent. Any other person over the age of 18 years and not a party to the action, may serve the Respondent. (2a) If the service was made by a friend or relative, make sure the original Summons is returned with the Proof of Service executed properly; that is, all parts are filled in properly. The name of the Respondent should be the same as the name on the Petition. The name of the process server and address should be stated on the bottom in the proper blank. When there is an "Acknowledgment of Receipt" make sure all parts are filled in properly. 3. The original issued Summons, after service has been completed and the appropriate blanks on the back of the Summons have been filled in MUST be returned to the County Clerk's Office for filing. Thirty-one (31) days from the date the Respondent was served, secure the "Default Packet" from the Forms Section at the Clerk's office and complete as instructed in Step 5. 4. Should the address of the Respondent be unknown, an Application for Publication and Orders for Publication may be secured from the Forms Section. These must be completed and submitted to the Family Law Filing Clerk. Prior to signing the Order for Publication, the Application must show to the Court's satisfaction that the party to be served cannot with "reasonable diligence" be served in another manner. "Reasonable diligence" implies a number of honest attempts to learn Respondent's whereabouts or his address by inquiry of relatives, friends and acquaintances, or of his employer, and by investigation of appropriate city and telephone directories, the voter's register, etc. 11-12074-360 Rev. 1/99 American LegalNet, Inc. www.USCourtForms.com THE COURT REQUIRES THAT YOU SET FORTH IN YOUR APPLICATION FOR PUBLICATION FACTS RELATING TO: (1) When and under what circumstances did you last have contact with the Respondent? (2) What diligent efforts you have made within the past three (3) months to contact and serve the Respondent. Include the dates and specific details of your attempts and the names, addresses and telephone numbers of the persons contacted and the information these persons conveyed to you regarding Respondent's whereabouts. Upon order of the Court, the Summons must be published once a week for four (4) successive weeks in a legally adjudicated California newspaper. Service of a Summons in this manner is deemed complete as provided in Section 6064 of the Government Code. (The period of notice commences with the first day.) Fifty-nine (59) days from the first date of publication secure the "Default Packet" from the Forms Section at the Clerk's office and complete as instructed in Step 5. 5. Before any Family Law Default matter is set for hearing, the Default Clerk must receive, completely typed, an original and two copies of the following forms, which comprise the "Default Packet": (1) Request to Enter Default; (2) Property Declaration form currently in use; (3) CURRENT Income and Expense Declaration (information not older than 30 days); (4) A proposed Judgment of Dissolution of Marriage which shall set forth: (a) The custody of the minor child(ren) (name each child and give date of birth); (b) Visitation; (c) Child support (payment through Probation Department/District Attorney to enforce if recipient of child suppor