Why does California have community property?

Does community property seem crazy to you? Bay Area Family Lawyers may explain to their clients that Community Property dates back to 1849 when the California Constitution established a civil law based community property system under its Constitution.  The Constitution stated:  "All property, both real and personal, of the wife, owned or claimed by marriage, and that acquired afterwards by gift, devise, or descent, shall be her separate property; and laws shall be passed more clearly defining the rights of the wife,  in relation as well to her separate property,  as to that held in common with her husband. Laws shall also be passed providing for the registration of the wife's separate property. "

And 1850,  California created law setting forth a community property  system.  Weird, right? Community Property law has undergone a lot of changes since 1850 - but the basic tenant remains the same. All property acquired during marriage - is community. 

What is FL 117?

FL 117 or the Notice of Acknowledgement of Receipt form is a family law judicial council form used to tell the Family Court that your spouse has received the Petition for dissolution and that your spouse is a aware that there is an ongoing divorce proceeding.  

After you fill out the FL 117, you will also want to submit at FL 115 to Court.
The date the FL 117 form is signed by the recipient is the day used by the Courts to deem service as proper. On the FL 180 Form *Judgment* , you will use the date that FL 117 is signed as the entry for #3 or the date the Court acquired jurisdiction.  

You can get a Divorce decree 6 months and 1 day after the FL 117 form is signed.    
 

Do I have to make full statutorily required financial disclosures in mediation?

Not necessarily, although it is best practice. Under Marriage of Woolsey, parties who agree to settle disputes by private mediation may also agree to make financial disclosures that do not meet the technical procedural disclosure requirements of Fam C §§2104 and 2105.

The Court found that "the parties to a dissolution are entitled to adopt other, more summary procedures for financial disclosure."  The Court found that requiring technical compliance with disclosure rules would undermine the strong public policy of allowing parties to choose speedy and less costly avenues for resolving their disputes. This means that strict compliance with Fam C §§2104 and 2105 is not required for private mediations.

Is it contempt to fail to fill out your income and expense declaration?

The best family law attorneys in San Francisco Bay Area will inform clients about the importance of financial disclosures.

An Income and Expense is declaration is a budget worksheet used for several reasons: establishing/enforcing child support, spousal support, attorney fees, sanctions.
California courts require the exchange and submission of financial disclosure documents (I&E, preliminary and final declaration of disclosures) in all dissolution, legal separation and nullity actions.

Can I be held in contempt for failing to file an Income and Expense declaration? No California court has ever held an individual in contempt for filing a false I&E or FL 142. However, the court has inherent jurisdiction and a party may request sanctions under the Family Code for monetary sanctions in an amount “sufficient to deter repetition of the conduct or comparable conduct.”

What is a child care authorization?

Child Care Authorizations define the terms when another person can make decisions about your child. For example, a Child Care Authorization authorizes another adult (either a nanny or relative) to notify school, doctors, or day care that your child is ill. 
You should use a Child Care Authorization document if:
·       You want to authorize your child's school to release your child to another individual
·       You want to give authorization for another individual to make decisions regarding your child in your unexpected absence.
A child care authorization is a legal document which allows another individual or institution to take care of your child temporarily or to make decisions about your child. Authorizations are usually limited in scope, but can be helpful when you are leaving your child in the care of others. 

Click here for California's Childcare Authorization Form