Title
Title
Family Law: Changes to Petition and Response (Action Required)
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Summary
Summary
The Family and Juvenile Law Advisory Committee recommended revising Petition- Marriage/Domestic Partnership (form FL-100) and Response-Marriage/Domestic Partnership (form FL-120) to reflect a 2015 U.S. Supreme Court decision that requires all states in the United States to license marriage between two people of the same sex and also to recognize a lawful same-sex marriage that was performed out-of-state. The committee also recommended substantive changes in response to suggestions from court professionals and attorneys about other areas of these forms. In addition, the committee recommended technical changes to Property Declaration (form FL-160) that are needed to reflect the numbered subject headings in the Petition and Response.
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Recommendation
Recommendation
The Family and Juvenile Law Advisory Committee recommended that the Judicial Council, effective July 1, 2016:
1. Revise Petition-Marriage/Domestic Partnership (form FL-100) and Response- Marriage/Domestic Partnership (form FL-120), as follows:
a. Revise the language in item 2 to clarify the residence requirements of a marriage as specified in Family Code section 2320;
b. Include a statement under the heading “Minor Children” that the court has the authority to determine that a child listed on the form born before the marriage or domestic partnership is a child of the marriage or partnership;
c. Delete item 6.d., to avoid requiring a parent to request that the court determine parentage of children born before the marriage or domestic partnership; and
d. Add a new notice on page 3 that includes a link to information about the process for divorce and legal separation (Legal Steps for a Divorce or Legal Separation (form FL-107-INFO)), as well as an online guide for parents and children involved in the family court system (www.familieschange.ca.gov <http://www.familieschange.ca.gov>).
2. Make technical changes to Property Declaration (form FL-160) on page 4 to reflect the renumbering of the Separate Property and Community and Quasi-Community Property of the Petition and Response.
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