Navigating the legal terrain of family law in Santa Clara County requires a comprehensive understanding of various forms and documents, among which the FM-1052 Family Law Judgment Checklist stands out for its critical role in dissolution (divorce), legal separation, and domestic partnership cases. This form, specifically designed for the Superior Court of California, County of Santa Clara, functions as a methodical guide for attorneys, mediators, and self-represented parties to ensure that all necessary paperwork is submitted to obtain a judgment in their case. It categorizes cases into four distinct types – True Default, Status only Judgment, Default case with written agreement, and Uncontested – each requiring a unique set of documents and steps to follow. The form meticulously outlines the requirements for situations ranging from the absence of a response from the other party and agreements on spousal support or division of property to more complex scenarios involving minor children and their custody or support. Its detailed checklist format not only aids in streamlining the judicial process by verifying the completeness of submissions but also emphasizes the importance of thorough documentation in achieving clear, legally-binding resolutions in family law cases. By providing a clear framework for the submission process, the FM-1052 form exemplifies the court's commitment to facilitating smoother case resolutions while ensuring that parties are knowledgeable about the necessary steps and documents required for their specific case type.
| Question | Answer |
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| Form Name | Form Fm 1052 |
| Form Length | 4 pages |
| Fillable? | No |
| Fillable fields | 0 |
| Avg. time to fill out | 1 min |
| Other names | CALIFORNIA, FL-160, FL-155, Dissomaster |
ATTACHMENT
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA |
FOR COURT USE ONLY |
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STREET ADDRESS: |
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MAILING ADDRESS: |
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CITY AND ZIP CODE: |
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BRANCH NAME: |
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PETITIONER/PLAINTIFF: |
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RESPONDENT/DEFENDANT: |
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FAMILY LAW JUDGMENT CHECKLIST |
CASE NUMBER: |
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DISSOLUTION (DIVORCE), LEGAL SEPARATION AND |
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DOMESTIC PARTNERSHIP |
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Attorney/Mediator
INSTRUCTIONS:
Use this checklist to show the Court that you have turned in all the forms needed to get a Judgment in your case. There are four types of cases:
1. True Default - no Response filed, no written agreement
2. Status only Judgment - termination of marriage is the only issue
3.Default case with written agreement - no Response filed
4.Uncontested - appearance by both parties and a written agreement.
Check the box below for your type of case (one of the four listed above). Then complete all the items in that checklist. You only need to complete the checklist for your case type. All items must be completed either by
checking each line to indicate you have filed that form or by marking “N/A” to say that an item is not applicable. Submit an additional copy of page 1 of the Judgment.
So that we can get your forms back to you, please turn in an envelope that is addressed to you, is large enough and has enough postage. If you do not want your forms mailed, give us other instructions.
1.
2.
TRUE DEFAULT CASE (no response filed and NO WRITTEN AGREEMENT between the parties)
Proof of Service of Summons
Personal Service
Notice and Acknowledgment of Receipt attached
Service
Other, (please describe)
Request to Enter Default
Income and Expense Declaration
(if you are requesting spousal support or attorney fees/costs)
Financial Statement (simplified)
(if you have a minor child, you are not requesting spousal support or attorney fees/costs, and you qualify for this form according to the instructions on page 2 of the form; if you have a minor child and you do not qualify, you must complete an Income and Expense Declaration)
Property Declaration
(if you have requested any property in your petition)
FAMILY LAW JUDGMENT CHECKLIST
Dissolution (Divorce), Legal Separation and Domestic Partnership
Page 1 of 4
3.
4.
5.
6.
ATTACHMENT
Declaration for Default or Uncontested Dissolution/Legal Separation
Declaration Regarding Service of Petitioner’s (Preliminary) Declaration of Disclosure
Declaration Regarding Service of Petitioner’s (Final) Declaration of Disclosure or Waiver of Final Declaration of Disclosure
Judgment
(You must request that spousal support be ordered, terminated or reserved for both parties)
If you are requesting property division include Property Order Attachment
7.The marriage/partnership is over 10 years in duration, or termination of spousal/partner support for the respondent is requested, include:
Spousal or Partnership Support Declaration Attachment
Current Income & Expense Declaration
Spousal, Partner, or Family Support Order Attachment
8. If there are minor children in the case attach a:
9.
10.
Child Custody and Visitation Attachment
Child Support Order Attachment
Guideline Child Support Calculation (Judicial Council approved software)
Notice of Rights and Responsibilities/Information Sheet on Changing a Child Support Order
Child Support Case Registry Form
Order/Notice to Withhold Income
Notice of Entry of Judgment
Other (Identify any optional form included):
STATUS ONLY JUDGMENT (Termination of marriage is the only issue addressed)
1.
2.
Proof of Service of Summons
Personal Service
Notice and Acknowledgment of Receipt attached
Service
Other, (please describe)
Request to Enter Default
Income and Expense Declaration
(If you are requesting spousal support or attorney fees/costs)
Financial Statement (simplified)
(if you have a minor child, you are not requesting spousal support or attorney fees/costs, and you qualify for this form according to the instructions on page 2 of the form; if you have a minor child and you do not qualify, you must complete an Income Expense Declaration)
Property Declaration
(If you have requested any property in your Petition)
FAMILY LAW JUDGMENT CHECKLIST
Dissolution (Divorce), Legal Separation and Domestic Partnership
Page 2 of 4
ATTACHMENT
3.
4.
5.
Appearance, Stipulation, and Waivers
Declaration for Default or Uncontested Dissolution/Legal Separation
Declaration Regarding Service of Petitioner’s (Preliminary) Declaration of Disclosure
6.
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8.
9.
Stipulation and/or Order for Bifurcation (pleading form)
Judgment
Notice of Entry of Judgment
If either party has a retirement plan (if you do not check this box, you are certifying that neither party has a retirement plan)
All retirement plans must be joined to the proceeding pursuant to Family Code §2337(d)(1), AND
The
The
The
DEFAULT CASE WITH WRITTEN AGREEMENT (no response filed)
1.
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5.
6.
Proof of Service of Summons
Personal Service
Notice and Acknowledgment of Receipt attached
Service
Other (please describe)
Request to Enter Default
Income and Expense Declaration
(if you are requesting spousal support or attorney fees/costs)
Financial Statement (simplified)
(if you have a minor child, you are not requesting spousal support or attorney fees/costs, and you qualify for this form according to the instructions on page 2 of the form; if you have a minor child and you do not qualify, you must complete an Income Expense Declaration)
Property Declaration
(if you have requested any property in your petition)
Written Agreement
Declaration for Default or Uncontested Dissolution/Legal Separation
Declaration Regarding Service of Petitioner’s and Respondent’s (Preliminary) Declaration of Disclosure
Declaration Regarding Service of Petitioner’s and Respondent’s (Final) Declaration of Disclosure
Judgment
(must address issues regarding spousal support and property division)
Signature(s) are notarized for
Attorney has signed and approved Judgment for represented party
FAMILY LAW JUDGMENT CHECKLIST
Dissolution (Divorce), Legal Separation and Domestic Partnership
Page 3 of 4
ATTACHMENT
6a. If there are minor children:
7.
Child Support - State whether child support is at guideline amount or not and include language required in Family Code §4065
If below guideline, attach guideline support calculation (Judicial Council approved software) Medical insurance and uninsured health care costs addressed
Notice of Rights and Responsibilities/Information Sheet on Changing a Child Support Order
Order/Notice to Withhold Income
Notice of Entry of Judgment
UNCONTESTED CASE (Response or Appearance, Stipulation and Waivers filed by Respondent and a written agreement)
1.
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5.
5a.
6.
Appearance, Stipulations, and Waivers
Declaration for Default or Uncontested Dissolution/Legal Separation
Declaration Regarding Service of Petitioner’s and Respondent’s (Preliminary) Declaration of Disclosure
Declaration Regarding Service of Petitioner’s and Respondent’s (Final) Declaration of Disclosure
Judgment
(Spousal support and property division issues are addressed)
Signature(s) are notarized for
Attorney has signed and approved Judgment for represented party
If there are minor children:
Child custody/visitation and Family Code §3048 issues are addressed
Child Support - State whether child support is at guideline amount or not and include language required in Family Code §4065
If below guideline, attach guideline support calculation (Judicial Council approved software)
Medical insurance and uninsured health care costs addressed
Notice of Rights and Responsibilities/Information Sheet on Changing a Child Support Order
Child Support Case Registry Form
Order/Notice to Withhold Income
Notice of Entry of Judgment
I certify that all of the information indicated in this checklist has been provided to the court.
Date:
Submitting party’s signature
FAMILY LAW JUDGMENT CHECKLIST
Dissolution (Divorce), Legal Separation and Domestic Partnership
Page 4 of 4