ATTACHMENT FM-1052 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA FOR COURT USE ONLY STREET ADDRESS: MAILING ADDRESS: 191 North First Street CITY AND ZIP CODE: San Jose, CA 95113 BRANCH NAME: Family Court PETITIONER/PLAINTIFF: RESPONDENT/DEFENDANT: FAMILY LAW JUDGMENT CHECKLIST DISSOLUTION (DIVORCE), LEGAL SEPARATION AND DOMESTIC PARTNERSHIP Attorney/Mediator CASE NUMBER: Self-Represented Party INSTRUCTIONS: Use this checklist to show the Court that you have turned in all the forms needed to get a Judgment in your case. There are four types of cases: 1. 2. 3. 4. True Default - no Response filed, no written agreement Status only Judgment - termination of marriage is the only issue Default case with written agreement - no Response filed Uncontested - appearance by both parties and a written agreement. Check the box below for your type of case (one of the four listed above). Then complete all the items in that checklist. You only need to complete the checklist for your case type. All items must be completed either by checking each line to indicate you have filed that form or by marking “N/A” to say that an item is not applicable. So that we can get your forms back to you, please turn in an envelope that is addressed to you, is large enough and has enough postage. If you do not want your forms mailed, give us other instructions. TRUE DEFAULT CASE (no response filed and NO WRITTEN AGREEMENT between the parties) 1. Proof of Service of Summons [FL-115] (check one of the following): Personal Service [FL-115] Notice and Acknowledgment of Receipt attached [FL-117] Service out-of-state by certified mail with receipt attached [FL-115 or out-of-state form] Other, (please describe) 2. Request to Enter Default [FL-165] with one (1) self-addressed envelope with postage prepaid Income and Expense Declaration [FL-150] (if you are requesting spousal support or attorney fees/costs) Financial Statement (simplified) [FL-155] (if you have a minor child, you are not requesting spousal support or attorney fees/costs, and you qualify for this form according to the instructions on page 2 of the form; if you have a minor child and you do not qualify, you must complete an Income and Expense Declaration) Property Declaration [FL-160] (if you have requested any property in your petition) FM-1052 REV 7/01/08 FAMILY LAW JUDGMENT CHECKLIST Dissolution (Divorce), Legal Separation and Domestic Partnership Page 1 of 4 American LegalNet, Inc. www.FormsWorkflow.com ATTACHMENT FM-1052 3. Declaration for Default Custody and Visitation Orders [FM-1025] for cases w/minor children and Proof of Service [FL-335] (submit endorsed-filed copy if previously filed 4. Declaration for Default or Uncontested Dissolution/Legal Separation [FL-170] 5. Declaration Regarding Service of Petitioner’s (Preliminary) Declaration of Disclosure [FL-141] (submit endorsed-filed copy if previously filed) 6. Declaration Regarding Service of Petitioner’s (Final) Declaration of Disclosure or Waiver of Final Declaration of Disclosure [FL-141] 7. Judgment [FL-180] (You must request that spousal support be ordered, terminated or reserved for both parties) If you are requesting spousal support orders, include a declaration following local rule 8f(2) and Proof of Service [FL-335] If you are requesting property division include Property Order Attachment [FL-345] 8. If there are minor children in the case attach a: Child Custody and Visitation Attachment [FL-341] Child Support Order Attachment [FL-342] Guideline Child Support Calculation (Dissomaster or X Spouse) Non-Guideline Child Support Findings Attachment [FL-342(A)] Notice of Rights and Responsibilities/Information Sheet on Changing a Child Support Order [FL-192] Child Support Case Registry Form [FL-191] Order/Notice to Withhold Income [FL-195] 9. Notice of Entry of Judgment [FL-190] and two (2) self-addressed stamped envelopes (one for each party) STATUS ONLY JUDGMENT (Termination of marriage is the only issue addressed) 1. Proof of Service of Summons [FL-115] (check one of the following): Personal Service [FL-115] Notice and Acknowledgment of Receipt attached [FL-117] Service out-of-state by certified mail with receipt attached [FL-115 or out-of-state form] Other, (please describe) 2. Request to Enter Default [FL-165] with one (1) self-addressed envelope with postage prepaid Income and Expense Declaration [FL-150] (if you are requesting spousal support or attorney fees/costs) Financial Statement (simplified) [FL-155] (if you have a minor child, you are not requesting spousal support or attorney fees/costs, and you qualify for this form according to the instructions on page 2 of the form; if you have a minor child and you do not qualify, you must complete an Income and Expense Declaration) Property Declaration [FL-160] (if you have requested any property in your Petition) 3. Appearance, Stipulation, and Waivers [FL-130] (if Response was filed) 4. Declaration for Default or Uncontested Dissolution/Legal Separation [FL-170] FM-1052 REV 7/01/08 FAMILY LAW JUDGMENT CHECKLIST Dissolution (Divorce), Legal Separation and Domestic Partnership Page 2 of 4 American LegalNet, Inc. www.FormsWorkflow.com ATTACHMENT FM-1052 5. Declaration Regarding Service of Petitioner’s (Preliminary) Declaration of Disclosure [FL-141]. Also need Respondent’s Declaration if a Response was filed. 6. Stipulation and/or Order for Bifurcation (pleading form) 7. Judgment [FL-180] 8. Notice of Entry of Judgment [FL-190] and two (2) self-addressed stamped envelopes (one for each party) 9. If either party has a retirement plan (if you do not check this box, you are certifying that neither party has a retirement plan) All retirement plans must be joined to the proceeding pursuant to Family Code §2337(d)(1), AND The Status-Only Judgment includes an disposing of each party’s interest in retirement plans benefits, including survivor or death benefits, OR The Status-Only Judgment includes an order preserving the non-employee party’s right to retirement plan benefits, including survivor and death benefits, pending entry of judgment on all remaining issues, OR The Status-Only Judgment includes the attachment described in Family Code §2337(d)(2)(C). DEFAULT CASE WITH WRITTEN AGREEMENT (no response filed) 1. Proof of Service of Summons [FL-115] (check one of the following): Personal Service [FL-115] Notice and Acknowledgment of Receipt attached [FL-117] Service out-of-state by certified mail with receipt attached [FL-115 or out-of-state form] Other (please describe) 2. Request to Enter Default [FL-165] with one (1) self-addressed envelope with postage prepaid Income and Expense Declaration [FL-150] (if you are requesting spousal support or attorney fees/costs) Financial Statement (simplified) [FL-155] (if you have a minor child, you are not requesting spousal support or attorney fees/costs, and you qualify for this form according to the instructions on page 2 of the form; if you have a minor child and you do not qualify, you must complete an Income Expense Declaration) Property Declaration [FL-160] (if you have requested any property in your petition) Written Agreement 3. Declaration for Default or Uncontested Dissolution/Legal Separation [FL-170] 4. Declaration Regarding Service of Petitioner’s and Respondent’s (Preliminary) Declaration of Disclosure [FL-141] 5. Declaration Regarding Service of Petitioner’s and Respondent’s (Final) Declaration of Disclosure or Waiver of Final Declaration of Disclosure [FL-141] or Waiver of Final Declaration of Disclosure [FL-144] 6. Judgment [FL-180] with written agreement (must address issues regarding spousal support and property division) Signature(s) are notarized for unrepresented parties Attorney has signed and approved Judgment for represented parties 6a. If there are minor children: FM-1052 REV 7/01/08 FAMILY LAW JUDGMENT CHECKLIST Dissolution (Divorce), Legal Separation and Domestic Partnership Page 3 of 4 American LegalNet, Inc. www.FormsWorkflow.com ATTACHMENT FM-1052 Child Support - State whether child support is at guideline amount or not and include language required in Family Code §4065 If below guideline, attach guideline support calculation (Dissomaster or X spouse) Medical insurance and uninsured health care costs addressed Notice of Rights and Responsibilities/Information Sheet on Changing a Child Support Order [FL-192] Child Support Case Registry Form [FL-191] Order/Notice to Withhold Income [FL-195] 7. Notice of Entry of Judgment [FL-190] and two (2) self-addressed stamped envelopes (one for each party) UNCONTESTED CASE (Response or Appearance, Stipulation and Waivers filed by Respondent and a written agreement) 1. Appearance, Stipulations, and Waivers [FL-130] (along with Respondent’s first appearance fee if not already paid) 2. Declaration for Default or Uncontested Dissolution/Legal Separation [FL-170] 3. Declaration Regarding Service of Petitioner’s and Respondent’s (Preliminary) Declaration of Disclosure [FL-141] 4. Declaration Regarding Service of Petitioner’s and Respondent’s (Final) Declaration of Disclosure or Waiver of Final Declaration of Disclosure [FL-141] or Waiver of Final Declaration of Disclosure [FL-144] 5. Judgment [FL-180] with written agreement (Spousal support and property division issues are addressed) Signature(s) are notarized for unrepresented parties Attorney has signed and approved Judgment for represented parties 5a. If there are minor children: Child custody/visitation and Family Code §3048 issues are addressed Child Support - State whether child support is at guideline amount or not and include language required in Family Code §4065 If below guideline, attach guideline support calculation (Dissomaster or X spouse) Medical insurance and uninsured health care costs addressed Notice of Rights and Responsibilities/Information Sheet on Changing a Child Support Order [FL-192] Child Support Case Registry Form [FL-191] Order/Notice to Withhold Income [FL-195] 6. Notice of Entry of Judgment [FL-190] and two (2) self-addressed stamped envelopes (one for each party) I certify that all of the information indicated in this checklist has been provided to the court. Date: Submitting party’s signature FM-1052 REV 7/01/08 FAMILY LAW JUDGMENT CHECKLIST Dissolution (Divorce), Legal Separation and Domestic Partnership Page 4 of 4 American LegalNet, Inc. www.FormsWorkflow.com