Simple Divorce Packet

Transcription

1 ATTENTION: YOU MUST FILE YOUR CASE BEFORE SUBMITTING THIS PACKET. PLEASE PROVIDE YOUR KING COUNTY CASE NUMBER WHERE REQUESTED. Always at your service For more information on how to file your case, please visit the Facilitator s Office or go online at: Simple Divorce Packet For Finalizing Agreed/Uncontested Cases of Divorce and Legal Separation for both Marriages and Domestic Partnerships Questionnaire/Application Simple Dissolution (Divorce) Disclosure Exhibit A to Findings of Fact and Conclusions of Law Declaration in Lieu of Formal Proof Pre-Dissolution Survey COMPLETED PACKET MAY BE MAILED OR DELIVERED TO THE FOLLOWING LOCATIONS: Kent (KNT) Cases: King County Superior Court MRJC th Ave N, Room 3D Kent, WA Seattle (SEA) Cases: King County Superior Court KCCH 516 Third Ave, Room W-382 Seattle, WA Note: if you are eligible for the Simple Divorce program, you will be contacted within 14 days of our receipt of your application. Questions may be directed to SimpleDivorce@KingCounty.gov

2 King County Superior Court Simple Divorce Application The Simple Divorce program is designed for pro se parties without minor children that are in complete agreement on all issues in the case. If you do not agree on who gets what and who pays what, you do not qualify for this program. Please answer Yes or No to the following questions (circle one): Do you or your spouse/partner have attorney representation in this matter? Are there children of the marriage or registered domestic partnership? Do you or your spouse/partner have stock options or stock plans you intend to divide? Are you or your spouse/partner requesting a protection order or restraining order? Do you or your spouse/partner have non-publicly traded private investments you intend to divide? Do you or your spouse/partner own a business or business interest you intend to divide? Is there a separation contract or prenuptial agreement? You have not started the case; the petition hasn t been filed with the Clerk s Office. True False If you responded yes or true to any of the above questions/statements, you do not qualify for the simple divorce program. You may seek assistance from the court facilitators for forms and instructions on your case. Does either party have a 401K retirement plan/pension that you intend to split? If yes, specify how Does either party own real property (a home or land)? If yes, specify how to award: Does either party have stock options and/or non-publicly traded private investments? If yes, specify how to award: Does either party own a business or business interest? If yes, specify how to award: Is either party seeking reimbursement for fees paid to attorneys or for other costs? If yes, how much? $. Who should pay? Is any party pregnant? Is the husband or domestic partner not the father of a child born during the marriage or domestic partnership? Is the combined income of both parties at or above $70,000/year? Is the respondent unavailable to sign additional documents in this case? Have you properly notified the respondent of your petition and s/he failed to respond? If you answered yes to the above questions you may be contacted by court staff to inquire further about whether you qualify for the program. Please be sure to provide current contact information.

3 Who referred you or told you about Simple Divorce? FLO Class Facilitator Office Status Conf./Non-Compliance Hearing Other King County Superior Court Case Number: KNT/SEA Please note: if you have not filed the petition with the Clerk s Office, you are not currently eligible for the Simple Divorce program. Full Name of Petitioner/Party #1 Phone number: address: Please check if you prefer an electronic copy of your final documents Mailing address: In which county and state does this party live? Is this address confidential? Please circle preferred method of contact: Phone Full Name of Respondent/Party #2 Phone number: address: Please check if you prefer an electronic copy of your final documents Mailing address: In which county and state does this party live? Is this address confidential? Please circle preferred method of contact: Phone Date of Marriage or Registered Domestic Partnership Place of Marriage (City, State) Date of Separation Are either of you seeking maintenance (alimony) If so, how much per month? $ For how long? Who (which party listed above) will pay the maintenance? Do you or your spouse wish to change your name? If yes, please list full name(s) (first, middle and last): OFFICE USE ONLY: Eligible: Final Orders: Joinder signed Default Drafted 90-days Expires: Presentation Date: To be drafted by: final orders, to be returned by: Appointment needed for signature NFMD: Yes; hearing date: No Payment: Amount: Receipt # Date Received:

4 King County Superior Court Simple Dissolution (Divorce) Disclosure The Simple Dissolution (Divorce) program (SD) is available to help people with agreed divorces or legal separations of marriages and registered domestic partnerships prepare all necessary paperwork to complete their case. A simple dissolution is one where there are no children of the marriage or partnership and no significant assets. The program staff may, at their discretion, decide whether or not you qualify for the SD Program. If you do not qualify, any money you paid will be refunded. However, by filling out and submitting this packet, both parties acknowledge and agree that they have read and understand the following: The program staff may prepare the documents to complete your divorce or legal separation. However, program staffs are employees of King County Superior Court and ARE NOT YOUR LAWYERS, but neutral third parties who do not represent any party in your case. Communications between you and the program staff are NOT confidential. Furthermore, there is no attorney-client relationship between you and the program staff regardless of whether program staffs are attorneys or not. Forms completed by program staff on your behalf are prepared with the information provided by you. You are solely responsible to ensure the documents are true and complete, including information regarding your assets, debts and agreements. Program staffs are not responsible for accuracy of the documents once they are prepared. It is your responsibility to read, understand and check the accuracy of the documents prior to signing and/or finalizing your case. Program staff shall not be held responsible for any inaccuracies in your documents whatsoever. You must consult with your own attorney for a confidential conversation and personalized advice, including discussion of your legal rights and/or what agreements may or may not be in your best interest. You are encouraged to seek independent legal advice prior to signing any legal documents including those prepared by program staff. Program staff cannot assist you if you are formally represented by an attorney. Program staff may provide information and services to the other party in your case. Program staff are NOT RESPONSIBLE for the outcome of your case. BOTH PARTIES MUST REVIEW AND SIGN THIS FORM TO BE SUBMITTED WITH YOUR QUESTIONNAIRE/APPLICATION. Petitioner: I have read this Disclosure or have had it read to me and I fully understand and accept it Signature Date Print Name Respondent: I have read this Disclosure or have had it read to me and I fully understand and accept it Signature Date Print Name Case number:

5 EXHIBIT A to Findings of Fact and Conclusions of Law Property and Obligations A. Property acquired by either party during the marriage or domestic partnership: A.1 Real Property (houses, land): [ ] Real property located at (provide address): A.2 Vehicles (cars, motorcycles, boats, etc.): [ ] List vehicles: Year, make, and model of vehicle (for example, 2005 Honda Accord): Name on title Respondent or both): Who will keep the vehicle Respondent)? A.3 Bank accounts acquired during the marriage: [ ] List accounts: Name of Account (for example, US Bank Savings): Account holder Respondent or both): Who will keep the account or how will funds be divided? Page 1 of 6 Exhibit "A"- King County Superior Court Cause No. KNT/SEA

6 A.4 Any portion of retirement, profit sharing, stock options, 401(k), voluntary investment, pension, IRA, mutual funds, investment accounts, or other accounts acquired during the marriage or domestic partnership: [ ] List accounts: Name of Account (for example, Teamster s Union retirement): Account holder Respondent or both): Who will keep or how will funds be divided? A.5 Personal property acquired during the marriage or domestic partnership (jewelry, furniture, household goods, etc.): [ ] All personal property has previously been divided to the mutual satisfaction of the parties. [ ] List property: Description (for example, 42 Samsung TV): Who has it? Respondent): Who will keep it? Respondent) Page 2 of 6 Exhibit "A"- King County Superior Court Cause No. KNT/SEA

7 B. Property acquired by either party before the marriage/domestic partnership or after the date of separation: B.1 Real Property (houses, land): [ ] Real property located at (provide address): B.2 Vehicles (cars, motorcycles, boats, etc.): [ ] List vehicles: Year, make, and model of vehicle (for example, 2005 Honda Accord): Name on title Respondent): Who will keep it? B.3 Bank accounts: [ ] List accounts: Name of Account (for example, US Bank Savings): Account holder Respondent): Who will keep the account or how should funds be divided? Page 3 of 6 Exhibit "A"- King County Superior Court Cause No. KNT/SEA

8 B.4 Any portion of retirement, profit sharing, stock options, 401(k), voluntary investment, pension, IRA, mutual funds, investment accounts, or other accounts acquired either before the marriage/domestic partnership or after the date of separation: [ ] List accounts: Name of Account (for example, Teamster s Union retirement): Account holder Respondent): Who should keep or how should funds be divided? B.5 Personal property (jewelry, furniture, household goods, etc.): [ ] All personal property has previously been divided to the mutual satisfaction of the parties. Each party shall maintain possession of all personal property currently in his or her possession. [ ] List property: Description (for example, 42 Samsung TV): Who has it? Respondent): Who will keep it? Respondent) Page 4 of 6 Exhibit "A"- King County Superior Court Cause No. KNT/SEA

9 C. Debts and Liabilities: C.1 Debts and liabilities acquired by either party during the marriage or domestic partnership: [ ] List debts and liabilities (include mortgages on real property and auto loans): NAME OF CREDITOR and DESCRIPTION (for example, GMAC, mortgage on real property): Account holder (Petitioner, Respondent, or both): Who will pay it or how will debt be divided? What is the balance of the debt? C.2 Debts and liabilities acquired by either party before the marriage/domestic partnership or after the date of separation: [ ] List debts and liabilities (include mortgages on real property and auto loans): Debts and liabilities in Petitioner s name: NAME OF CREDITOR and DESCRIPTION (for example, GMAC, mortgage on real property): Who should pay or how should debt be divided? What is the balance of the debt? Page 5 of 6 Exhibit "A"- King County Superior Court Cause No. KNT/SEA

10 Debts and liabilities in Respondent s name: NAME OF CREDITOR and DESCRIPTION (for example, GMAC, mortgage on real property): Who should pay or how should debt be divided? What is the balance of the debt? By signing below, I represent I have reviewed the information provided on pages 1 through 6 of this document (entitled Exhibit A ) and declare under penalty of perjury under the laws of the state of Washington that the information contained herein is true and correct. Signed at (City), (State), on (Date). Signature of Petitioner Print Name of Petitioner Signed at (City), (State), on (Date). Signature of Respondent Print Name of Respondent Page 6 of 6 Exhibit "A"- King County Superior Court Cause No. KNT/SEA

11 Superior Court of Washington County of King [ ] In re the Marriage of: [ ] In re the Domestic Partnership of: And Petitioner, Respondent. No. Declaration in Lieu of Formal Proof REQUEST: The undersigned party requests immediate entry of Findings of Fact/Conclusions of Law and Decree without the necessity of a personal appearance, and states: RESIDENCE: Either the petitioner or respondent was a resident of the State of Washington or was a member of the Armed Forces and was stationed in the State of Washington when the petition was filed. 90 DAY WAITING PERIOD: If this is a dissolution of marriage, the marriage is now irretrievably broken and at the time the final orders are presented to the court more than 90 days will have elapsed since the later of the Petition being filed and/or service being completed. MARRIAGE: The parties were married on (date), at (City, State) and separated on (date). PREGNANCY: The wife is not now pregnant. PROPERTY: All property and all debts of the parties are fairly and completely divided in the Decree. PERJURY: I declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. Dated:, 201 at, Washington. Signature of Requesting Party Print or Type Name (Only one party needs to sign.) Thank you for participating in the SIMPLE DISSOLUTION (DIVORCE) program. At this time, this program is a pilot project so your feedback is essential. Please complete the following questions AFTER completing the

12 attached Questionnaire/Application materials. A POST-DISSOLUTION survey will be sent to you for completion with copies of your final orders. PRE-DISSOLUTION SURVEY: 1. How did you hear about this program? 2. Although you are not being charged a fee for services, do you feel any fee, with income-based fee reductions, is reasonable? YES NO (Circle One) Please explain why or why not: If yes, please indicate what fee for services you would consider reasonable (circle one): $50 $100 $150 $ After completing the Questionnaire/Application materials, please complete the following questions: Were the materials easy to understand? YES NO (Circle One) If NO, please explain: Did you understand the benefits and limitations of this program? YES NO (Circle One) If NO, please explain: 4. Please provide any suggestions or comments: PLEASE ANSWER ALL QUESTIONS TO THE BEST OF YOUR ABILITY. INCOMPLETE APPLICATIONS CANNOT BE PROCESSED. PLEASE RETURN THIS COMPLETED PACKET TO: Kent Cases Seattle Cases King County Superior Court- MRJC King County Superior Court- KCCH th Ave N. Room 1D or 3D 516 Third Ave. Room W-280 or W-382 Kent, WA Seattle, WA 98104

13 FREQUENTLY ASKED QUESTIONS ABOUT THE SIMPLE DISSOLUTION (DIVORCE) PILOT PROGRAM What is the program? Simple Dissolution (Divorce) provides assistance with drafting and presenting final orders to a judge, alleviating the need for parties to appear in person at a hearing to finalize uncontested cases. Who is eligible? Both parties must be pro se. Cases must be filed with the Clerk s Office. Dissolution cases must be agreed or able to be finalized by default. Uncontested legal separation cases may also be eligible; each application is approved on a case-by-case basis. Parties must have no minor children born during the marriage. There are no substantial assets or debt to be divided between the parties. How do parties get an application? King County Superior Court website: Family Law Orientation (FLO) Family Law Information Centers (FLIC) (W-382 in KCCH or 3D at MRJC) Family Court Services (W-280 in KCCH or 1D at MRJC) Where should applications be returned? Family Law Information Centers (W-382 in KCCH or 3D at MRJC) Family Court Services (W-280 in KCCH or 1D at MRJC) Is there a fee? Currently, the same fee applies as for presenting final orders at the final decree calendar: $30, which can be reduced or waived depending on income. Only checks, money orders, or cash are accepted. Checks should be made payable to King County Superior Court or KCSC. When should parties pay? Parties should not submit payment with their applications. Parties should pay after staff determines that the case is eligible for the program. What happens after applications are submitted? Parties will be contacted within 14 business days regarding their eligibility. If eligible, the final documents drafted by program staff will be provided to the parties for their approval. How do parties review the final orders? Parties either review the proposed final orders with court staff at an in-office appointment, or parties may be ed the proposed final orders. You will receive further instructions once you are determined to be eligible for this program.

14 How do parties return signed final orders and submit payment? Generally, parties sign the final documents and submit payment at an appointment or mail the signed documents with payment. Parties may also want to personally deliver the signed final documents and provide payment; parties should go to the FLIC from 9:30 am to noon, Monday to Friday. After you submit your signed final orders, you will be contacted by staff only if you need to take additional action. If you are not contacted by program staff, everything is on track for the case to be finalized as soon as possible after the 90 day waiting period has elapsed. When is the case finalized? After parties have signed and submitted all the required final documents and payment, cases will be finalized after the 90-day waiting period has elapsed. The final documents are generally provided to a judge once a week. The date the case will be finalized is determined by the availability of a judge. To ensure that your case is finalized as soon as possible, submit your application 30 days before the 90-day waiting period elapses. You will know that the case is finalized when you receive copies of the orders signed by the judge. We do not send you separate notice of the fact that the case was finalized. Are copies of the final orders provided? Yes; parties will be mailed or ed copies of the final orders signed by the judge. Parties will need to request certified copies at the Clerk s Office, after the case is finalized. Can parties who have not yet filed their disso petitions apply? No; parties must submit their applications after the petition for dissolution or legal separation has been filed with the Clerk s Office. Do parties need to attend the FLO? Attendance is not a condition for eligibility for this program. However, LFLR 20 requires all parties without attorneys in divorce cases to attend the FLO. Do parties need to attend their Status Conference hearing? You will need to attend your Status Conference hearing only if: (1) final orders have not been signed by a judge, and (2) your case is not in compliance, e.g. you have not timely filed a Confirmation of Issues form. PARTICIPATING IN THE SIMPLE DIVORCE PROGRAM DOES NOT WAIVE YOUR OBLIGATION TO FOLLOW THE DEADLINES IN YOUR CASE SCHEDULE. Am I a good candidate for this program? If you have a specific deadline for finalizing the case or need certified copies of the final orders immediately, this may not be the best program for you. Who should we contact if we have questions? simpledivorce@kingcounty.gov