DAMENDED. D Domestic Partnership

Transcription

1 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number. and add18ss): Stephen A. Kolodny (38026) KOLODNY LAW GROUP TELEPHONE NO.: 3 FAX NO.: ADDRESS: ATTORNEY FOR (Mrme): Petitioner, Hal Maria SUPERIOR COURT OF CAUFORNIA, COUNTY OF Los Angeles STREET ADDRESS: 111 North Hill Street MAIUNGAOORESS: 111 North Hill Street CITY AND ZlP CODE: Los Angeles, CA BRANCH NAME: Central PET1TIONER: Hal Maria RESPONDEN~ Oliver Martin PETITION FOR 00 Dissolution (Divorce) of: [XJ Marriage D Legal Separation of: CI Marriage D Nullity of: CI Marriage DAMENDED D Domestic Partnership D Domestic Partnership D Domestic Partnership FOR COURT USE ONLY FL-100 CONFORMED COpy ORIGINAL FILED. Superior Court of California County of Los Angeles OGT l6 ZOt5 Sherri R. Carter, Executive Officer/C erk By: Irma Labry, Deputy CASENUMBE~ 1. LEGAL RELATIONSHIP (check all that apply): a. IJ[] We are married. b. D We are domestic partners and our domestic partnership was established in California. c. 0 We are domestic partners and our domestic partnership was NOT established in California. 2. RESIDENCE REQUIREMENTS (check al/ that apply): 8D a.!jd Petitioner D Respondent has been a resident of this state for at least six months and of this county for at least three months immediately preceding the filing of this Petition. (For a divorce, at least one person in the legal relationship described in items 1a and 1c must comply with this requirement.) b. 0 We are the same sex and were married in California but are not residents of California. Neither of us lives in a state or nation that will dissolve the marriage. This case is filed in the county in which we married. Petitioner's residence (state or nation): Respondenfs residence (state or nation): c. 0 Our domestic partnership was established in California. Neither of us has to be a resident or have a domicile in California to dissolve our partnership here. 3. STATISTICAL FACTS a.!jd (1) Date of marriage (specify): July 13, 2013 (2) Date of separation (specify): October 26, 2015 (3) Time from date of marriage to date of separation (specify): 2 Years 3 Months b. D (1) Registration date of domestic partnership with the California Secretary of State or other state equivalent (specify be/ow): (2) Date of separation (specify): (3) Time from date of registration of domestic partnership to date of separation (specify): 0 YearsO Months 4. MINOR CHILDREN (children born before (or born or adopted during) the marriage or domestic partnership): a. 0 There are no minor children. b. IJ[] The minor children are: Child's name Birthdate Age Sex Mac Martin 09/05/ M (1) 0 continued on Attachment 4b. (2) CJ a child who is not yet born. c. If there are minor children of Petitioner and Respondent, a completed Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (form FL-105) must be attached. d. Cl Petitioner and Respondent signed a voluntary declaration of paternity. A copy CI is CI is not attached. Fonn Adopted tor Mandatory Use Judicial Council of California FL-1oo [Rev. January 1, 2015) Pago1 of 3 PETITION-MARRIAGE/DOMESTIC PARTNERSHIP Farrily Code, 297, 299, 2320, 2330, 3409; (Family Law) So~s- ~Plus

2 PETITIONER: Hal Maria RESPONDEN~Oliver Martin Petitioner requ~sts that the court make the following orders: FL LEGAL GROUNDS (Family Code sections , ) a. IJ[] Divorce or D Legal separation of the marriage or domestic partnership based on (check one): (1) IJ[] irreconcilable differences. (2) 0 permanent legal incapacity to make decisions. b. D Nullity of void marriage or domestic partnership based on: (1) D incest (2) ~ bigamy. c. D Nullity of voidable marriage or domestic partnership based on: (1) 0 petitioners age at time of registration of domestic (4) D fraud. (2) D partnership or marriage. prior existing marriage or domestic partnership. (5) c=j force. (3) D unsound mind. (6) D physical incapacity. 6. CHILD CUSTODY AND VISITATION (PARENTING TIME) PetHloner Respondent Joint Other a. Legal custody of children to.. p.~~m9.q~~.9r.j~w.t".~.i.~.tq.~~:::... IJD ~ DO D...interest of the Child b. Physical custody of children to.1?~titi9n~rj~r.~9.im,.~j~..in.~~~tw... [][J CJ [][J D...interest of the Child c. Child visitation (parenting time) be granted to... D [][] D As requested in: DO form FL-311 D form FL-312 D form FL-341 ee) D form FL-341 (D) D form FL-341 eel CJ Attachment 6c(1) d. D Determine the parentage of children born to Petitioner and Respondent before the marriage or domestic partnership. 7. CHILD SUPPORT a. If there are minor children born to or adopted by Petitioner and Respondent before or during this marriage or domestic partnership, the court will make orders for the support of the children upon request and submission of financial forms by the requesting party. b. An earnings assignment may be issued without further notice. c. Any party required to pay support must pay interest on overdue amounts at the "legal" rate, which is currently 10 percent d. [][J Other (specify): Each party to equally share the cost of raising their Child. 8. SPOUSAL OR DOMESTIC PARTNER SUPPORT a. D Spousal or domestic partner support payable to D Petitioner D Respondent b. IJ[] Terminate (end) the court's ability to award support to [][] Petitioner IJ[] Respondent c. 0 Reserve for future determination the issue of support payable to 0 Petitioner D Respondent d. DO Other (specify): No spousal support be awarded to either party, as per terms of Prenuptial Agreement. 9. SEPARATE PROPERTY a. [=:J There are no such assets or debts that I know of to be confirmed by the court.. b. DO Confirm as separate property the assets and debts in D Property Declaration (form FL-160) 0 Attachment 9b [][J the following list. Item Confirm to Pursuant to Prenuptial Agreement, all Petitioner' s earnings and assets are her separate property. FL-100 (Rev. Jarmry ) PETITION-MARRIAGE/DOMESTIC PARTNERSHIP (Family Law) Page 20U

3 PETITIONER: Hal Maria RESPONDENT: Oliver Martin FL COMMUNITY AND QUASI-COMMUNITY PROPERTY a. 0 There are no such assets or debts that I know of to be divided. by the court. b. []D Determine rights to community and quasi-community assets and debts. All such assets and debts are listed o in Property Declaration (form FL-16Q) 0 in Attachment 10b. []D as follows (specify): Pursuant to Prenuptial Agreement, there is no community or quasicommunity property. 11. OTHER REQUESTS a. 0 Attorney's fees and costs p.ayable by 0 Petitioner D Respondent b. 0 Petitioner's former name be restored to (specify): c. I][] Other (specify): Each party to pay his/her own attorney fees and costs. o Continued or Attachment 11 c. 12. I HAVE READ THE RESTRAINING ORDERS ON THE BACK OF THE SUMMONS, AND I UNDERSTAND THAT THEY APPLY TO ME WHEN THIS PETITION IS FILED. I declare under penalty of pe~ury under the laws of the State of California that the foregoing is true and correct Hal Maria Stephen A. Kolodny SEEATrAQEDSIGNATURE NonCE: You may redact (black out) social security numbers from any written material filed with the court in this case other than a form used to collect child, spousal or partner support. NonCE--cANCELLA TION OF RIGHTS: Dissolution or legal separation may automatically cancel the rights of a domestic partner or spouse under the other domestic partner's or spouse's will, trust, retirement plan, power of attorney, pay-on-death bank account. survivorship rights to any property owned in joint tenancy, and any other similar thing. It does not automatically cancel the right of a domestic partner or spouse as beneficiary of the other partner's or spouse's life insurance policy. You should review these matters, as well as any credit cards, other credit accounts, insurance polices, retirement plans, and credit reports, to determine whether they should be changed or whether you should take any other actions. Some changes may require the agreement of your partner or spouse or a court order. FL 100 (Rev. January ) PETITION-MARRIAGE/DOMESTIC PARTNERSHIP (Family Law) Page3of3

4 PETITIONER: Hal Maria Martin RESPONDEN~Oliver F COMMUNITY AND QUASI-COMMUNITY PROPERTY a. D There.are no such assets or debts that I know of to be divided by the court b. I][] Determine rights to community and quasi-community assets and debts. All such assets and debts are listed D in Property Declaration (form Fl-160) D In Attachment 10b. [J[] as follows (specify): Pursuant to Prenuptial Agreement, there is no community or quasicommunity property. 11. OTHER REQUESTS a. 0 Attorney's fees and costs payable by D Petitioner D Respondent b. D Petitioner's former name be restored to (specify): c. c&j O~er~pe~fy): Each party to pay his/her own attorney fees and costs., o Continued. on Attachment 11 c. 12. I HAVE READ THE RESTRAINING ORDERS ON THE BACK OF THE S TO ME WHEN THIS PETITION IS FILED. 'I declare under penalty of perjury under the laws of the State of California that Hal Maria Stephen A. Kolodny NonCE: You may redact (black out) social security numbers from any written material filed with the court in this case other than form used to collect child. spousal or partner support NOTICE-CANCELLA TION OF RIGHTS: Dissolution or legal separation may automatically cancel the rights of a domestic partn r or spouse under the other domestic partner's or spouse's will. trust. retirement plan, power of attomey, pay-on-death. bank accou t. survivorship rights to any property owned in joint tenancy, and any other sfmllar thing. It.does not automatically cancel the right of domestic partner or spouse as beneficiary of the other partner's or spouse s life insurance policy. You should review these matte as well as any credit cards. other credit accounts, Insurance polices, retirement plans, and credit reports, to detennine whether th y should be changed or whether you should take any other actions. Some changes may require the agreement of your partner or spouse or a court order. FL 100 (ROY. JanuDl)' PETITION-MARRIAGEIDOMESTIC PARTNERSHIP (Family Law) Paoe 013

5 FL-311 _ PETITIONER/PLAINTIFF: Hal Maria RESPONDENTIDEFENDANT: Oliver Martin CHILD CUSTODY AND VISITATION APPLICATION ATTACHMENT TO OD Petition, Response, Application for Order or Responsive Declaration D Other (specify): o To be ordered now and effective until the hearing 1. [i] Custody. Custody of the minor children of the parties is requested as follows: Child's name Date of Birth Legal CustodY to PhYsical Custody to (person who makes decisions about (person with whom the child lives) health. education. etc.) Mac Martin 9/5/2015 Petitioner or Joint* Petitioner or Joint* *as is in the best interest of the child 2. IJO Visitation. a. [XJ Reasonable right of visitation to the party without physical custody (not appropriate in cases involving domestic violence) b. D See the attached -page document dated (specify date): c. D The parties will go to mediation at (specify location): d. D No visitation e. [XJ IIIMRJI ~ uu petitioner [XJ respondent ~1IDmtx Shall share the custody jointly as is in the best interest (1) D Weekends starting (date): of the child. (The first weekend of the month is the first weekend with a Saturday.) D 1st CJ 2nd CJ 3rd CJ 4th D 5th weekend of the month from at D a.m. D p.m. (day of week) (ti"!e) to at CI a.m. D p.m. (day of week) (time) (a) D The parents will alternate the fifth weekends, with the CI petitioner D respondent having the initial fifth weekend, which starts (date): (b) D The petitioner will have fifth weekends in Dodd CI even months. (2) D Alternate weekends starting (date): The D petitioner D respondent will have the children with him or her during the period from at D a.m. D p.m. (day of week) (time) to ---.;.. at D a.m. Dp.m. (day of week) (time) (3) 0 Weekdays starting (date): The D petitioner D respondent will have the children with him or her during the period from at D a.m. D p.m. (day of week) (time) to at D a.m. Dp.m. (day of week) (time) (4) D Other (specify days and times as well as any additional restrictions): Fonn Approved tor Optional Use Juddal Council of California FL-311 [Rev. July 1, 2005) CHILD CUSTODY AND VISITATION APPLICATION ATTACHMENT D See Attachment 2e(4). Page 1 of 2 Le.Qal FamiIyCode. 6200etseq. Sofut[Qi1s ($.ljjus

6 ; PETITIONER: Hal Maria I- RESPONDENT: Oliver Martin 3. 0 Supervised visitation. I request that (name): have supervised visitation with the minor children according to the schedule set out on page 1 and that the visits be supervised by (name): who is a D professional D nonprofessional supervisor. The supervisor's phone number is (specify): I request that the costs for supervision be paid as follows: petitioner: percent; respondent percent If item 3 is checked, you must attach a declaration that shows why unsupervised visitation would be bad for your children. The judge is required to consider supervised visitation if one parent is alleging domestic violence and Is protected by a restraining order. 4. CXJ Transportation for visitation and place of exchange a. [][I Transportation to the visits will be provided by (name): Respondent b. [XJ Transportation from the visits will be provided by (name): Respondent c. W Drop-off of the children will be at (address): Petitioner's residence d. [XJ Pick-up of the children will be at (address): Petitioner's residence e. [XJ The children will be driven only by a licensed and insured driver. The car or truck must have legal child restraint devices. f. c=j During the exchanges, the parent driving the children will wait in the car and the other parent will wait in his or her.home while the children go between the car and the home. g. 0 Other (specify): Travel with children. The CI petitioner [X] respondent D other (name): must have written permission from the other parent or a court order to take the children out of a. [XJ the state of California. b. D the following counties (specify): c. D other places (specify): 6. 0 Child abduction prevention. There is a risk that one of the parents will take the children out of California without the other parentis permission. I request the orders set out on attached form FL [XJ Children's holiday schedule. I request the holiday and visitation schedule SBbDIHbI_:bBI_Ulbeabqg~IfIXl_KKN*Q ~~ To be shared as in the best interest of the child. S. D Additional custody provisions. I request the additional orders regarding custody set out on the attached D form FL-341 (0) CJ other (specify): 9. D Joint legal custody provisions. I request joint legal custody and want the additional orders set out on the attached D form FL-341(E) CJ other (specify): Other. I request the following additional orders (specify): Fl~11 (Rev. July ] CHILD CUSTODY AND VISITATION APPLICATION ATTACHMENT PageZof2