Division of property

Cal. Form FL-315

California Superior Local Rules

Validity of agreement entered into before or during the marriage or domestic partnership b. Form Adopted for Mandatory Use Judicial Council of California FL-315 [January 1, 2018] REQUEST OR RESPONSE TO REQUEST FOR SEPARATE TRIAL (Family Law) Family Code § 2337 www.courts.ca.gov PETITIONER: RESPONDENT: CASE NUMBER: FL-315 Attachment to 1. I am the and that the court sever (bifurcate) and grant an early and separate trial on the following issue or issues:

(5) I request that the court make the orders indicated on pages and and any attachments. REQUEST FOR SEPARATE TRIAL OR RESPONSE TO REQUEST FOR SEPARATE TRIAL Request for Order (form FL-300) Responsive Declaration to Request for Order (form FL-320) petitioner respondent request oppose the request a. Permanent custody and visitation of the children of the marriage of domestic partnership b. Date of separation of the parties c. Alternate valuation date for property d. e. Dissolution of the status of the marriage or domestic partnership I will serve with this application or response my preliminary Declaration of Disclosure (form FL-140) and completed

Schedule of Assets and Debts (form FL-142) and Income and Expense Declaration (FL-150) unless they have been previously served or the parties have stipulated in writing to defer service. (1)

(2) All pension or retirement plans in which the community has an interest are listed below or on attachment 1e(2): All pension or retirement plans listed in 1e(2) have been joined as a party to this proceeding, unless joinder is precluded or made unnecessary as a matter of law. (See Retirement Plan Joinder—Information Sheet (form FL-318-INFO) to determine if a joinder is required.)

(3) I understand that the court may make the orders specified or requested on pages and if the request is granted to bifurcate the status of the marriage or domestic partnership and the marriage or partnership is ended.

(4) NOTE: A request for an early termination of your marital or partnership status may have a significant impact on your rights or responsibilities in your case. If you do not understand this form, you should speak with an attorney. f. Other (specify): I request that the court conduct this separate trial on the hearing date.2. a. I will, at the hearing, ask the court to set a date for this separate trial. 3. The reasons in support of this request are (specify): Memorandum attached. Supporting declarations attached. FL-315 [Rev.

January 1, 2018] Page of 3REQUEST OR RESPONSE TO REQUEST FOR SEPARATE TRIAL (Family Law) PETITIONER: RESPONDENT: CASE NUMBER: FL-315 Division of property(1) 4. Conditions relating to bifurcation of the status of the marriage or partnership: I understand that the court must enter an order to preserve the claims of each spouse or domestic partner in all retirement plan benefits upon entry of judgment granting a dissolution of the status of the marriage or domestic partnership. a.

I request that the court order the following as a condition of granting the bifurcation and ending the marriage or partnership upon an early and separate trial: b.

The and his or her estate must indemnify and hold me harmless from any taxes, reassessments, interest, and penalties that I have to pay in connection with the division of the community estate that I would not have had to pay if we were still married or in a domestic partnership at the time the division was made. petitioner respondent Health insurance(2) Until judgment has been entered on all remaining issues and has become final must maintain all existing health and medical insurance coverage for me and any minor children as named dependents as long as he or she is eligible to do so.

If at any time during this period, he or she is not eligible to maintain that coverage, he or she must, at his or her sole expense, provide and maintain health and medical insurance coverage that is comparable to the existing health and medical insurance coverage to the extent it is available. petitioner respondent To the extent that coverage is not available, the must be responsible for paying, and demonstrate to the court's satisfaction the ability to pay, for health and medical care for me and the minor children to the extent that care would have been covered by the existing insurance coverage but for the dissolution of marital status or domestic partnership, and must otherwise indemnify and hold me harmless from any adverse consequences resulting from the loss or reduction of the existing coverage. petitioner respondent Probate homestead(3) Until judgment has been entered on all remaining issues and has become final, the must indemnify and hold me harmless from any adverse consequences if the bifurcation results in a termination of my right to a probate homestead in the residence in which I am residing at the time the severance is granted. petitioner respondent Probate family allowance(4) Until judgment has been entered on all remaining issues and has become final, the must indemnify and hold me harmless from any adverse consequences if the bifurcation results in the loss of my right to a probate family allowance as the surviving spouse or surviving domestic partner. petitioner respondent Retirement benefits(5) Until judgment has been entered on all remaining issues and has become final, the must indemnify and hold me harmless from any adverse consequences if the bifurcation results in the loss of my rights with respect to any retirement, survivor, or deferred compensation benefits under any plan, fund, or arrangement, or to any elections or options associated those benefits, to the extent that I would have been entitled to those benefits or elections as the spouse or surviving spouse or the domestic partner or surviving domestic partner. petitioner respondent Social security benefits(6) The must indemnify and hold me harmless from any adverse consequences if the bifurcation results in the loss of rights to social security benefits or elections to the extent that I would have been entitled to those benefits or elections as the surviving spouse or surviving domestic partner. petitioner respondent Beneficiary designation—nonprobate transfer(7) The must maintain the beneficiary designation specified for each Nonprobate Transfer Asset (Probate Code

section 5000) identified on the attached list in the percentage indicated. (See Attachment 7 (not a form), which lists each asset and proposed percentage.) This designation must stay in effect until judgment has been entered with respect to the community ownership of that asset and until my interest in it has been distributed to me. petitioner respondent FL-315 [Rev.

January 1, 2018] Page of 3REQUEST OR RESPONSE TO REQUEST FOR SEPARATE TRIAL (Family Law) FL-315 PETITIONER: RESPONDENT: CASE NUMBER: I request that the court make the following additional orders: Individual Retirement Accounts(8) To preserve the ability of the nonowner to defer the distribution of an Individual Retirement Account (IRA) or annuity upon the death of the owner, the court should make the attached orders assigning and transferring the community interest of in each listed IRA to that party. (See Attachment 8 (not a form), which lists names of IRAs, account numbers, and amount to be awarded.) petitioner respondent Enforcement of community property rights(9) Because it will be difficult to enforce either of our community property rights if one of us dies before the division and distribution or compliance with any court-ordered payment of any community property interest, the court should make the attached order to provide enforcement security for (See attachment 9 (not a form), which specifies the security interest to be ordered as provided by Family Code

section 2337(c)(9).) petitioner respondent. Other conditions that are just and equitable(10) Number of pages attached after this page:5. (SIGNATURE OF DECLARANT) Date: (TYPE OR PRINT NAME) I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Document details

Collection	California Superior Local Rules
Citation	Cal. Form FL-315
Type	court_rule
Language	en
Format	pdf
Source	CA_LOCAL
Identifier	95dc1fa95e4dea27333a16b79e27d9f5fa54a41a

Source file is stored in the law ingest library (pdf).