Form FL-100 Property Question (4 & 5)

[jsantabarbara]

Greetings!

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My wife filed for dissolution of marriage on April 2, 2012 and I was served April 4, 2012 (after 5 pm if that makes a difference). On form FL-100 under questions four and five regarding separate and community property the FL-100 I was served with (and filed) had the check box indicating that property would be listed, "below" on the FL-100 selected. However, in the section where one is suppose to list property the preparer of the FL-100 form typed in "TO BE DETERMINED" and listed no property. Furthermore, there are two other check boxes that one may select for question four which indicate "Attachment 4" or "Form FL-160 Property Declaration"" but neither of those boxes were selected. Finally, for question five regarding community property there is another option in addition to the three options listed for question four which indicates that there is no community property (or something to that effect) and neither of the other options were selected except for "below" as previously stated.

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If I do not respond, as I do not want a divorce, how is a judge going to make a determination on property if there is no property listed on the original FL-100? Furthermore, if I have to respond how can I respond to what I see as an incomplete FL-100 when I have not received any further information in regard to the division of property? I have received the FL-150 form, which is inaccurate, but that is a different issue.

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My wife and I have one piece of joint property, a vehicle, in which she and I are working out moving the vehicle from joint ownership to one owner. However, we do have approximately 100k in debt between the two of us and I do not want to be blindsided and find myself the owner of 100k in debt six months from now.

-J in Santa Barbara, California

 

[birdbrain53]

HI

If you do not file a response, your STBX can ask for a default dissolution where anything she states on paper or orally in court can be ordered by the judge.

Regardless of your desire to not be divorced, unless you can respond with a legal argument for not granting a dissolution, your marraige will be dissolved. It's just the property settlement, child custody and support (if any children of the marraige exist) that need to be resolved.

Youi should respond before the end of the month with your list of property to be divided and your Income and Expense form. You can also point out any inaccuracies in the papers your wife had you served with.

 

[Zigner]

It is never wise to ignore legal proceedings against you.

 

[jsantabarbara]

HI

If you do not file a response, your STBX can ask for a default dissolution where anything she states on paper or orally in court can be ordered by the judge.

Regardless of your desire to not be divorced, unless you can respond with a legal argument for not granting a dissolution, your marraige will be dissolved. It's just the property settlement, child custody and support (if any children of the marraige exist) that need to be resolved.

Youi should respond before the end of the month with your list of property to be divided and your Income and Expense form. You can also point out any inaccuracies in the papers your wife had you served with.

Thank you for your reply.

-J in Santa Barbara, California

 

[jsantabarbara]

It is never wise to ignore legal proceedings against you.

Thank you for your reply.

-J in Santa Barbara, California