Form FL-347 "Bifurcation of Status of Marriage or Domestic Partnership - Attachment" - California

What Is Form FL-347?

This is a legal form that was released by the California Judicial Branch - a government authority operating within California. As of today, no separate filing guidelines for the form are provided by the issuing department.

Form Details:

  • Released on January 1, 2018;
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Download Form FL-347 "Bifurcation of Status of Marriage or Domestic Partnership - Attachment" - California

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FL-347
CASE NUMBER:
PETITIONER:
RESPONDENT:
BIFURCATION OF STATUS OF MARRIAGE OR DOMESTIC PARTNERSHIP
ATTACHMENT TO
JUDGMENT (FL-180)
FINDINGS AND ORDER AFTER HEARING (FL-340)
The court grants the request of
petitioner
respondent
to bifurcate and grant a separate trial on the issue of the
dissolution of the status of the marriage or domestic partnership apart from other issues.
Date marital or domestic partnership status ends (specify):
THE COURT FINDS
1.
A preliminary declaration of disclosure with a completed schedule of assets and debts and income and expense declaration has
been served on the nonmoving party, or the parties have stipulated in writing to defer service of the preliminary declaration of
disclosure until a later time.
2.
Each retirement or pension plan of the parties has been joined as a party to the proceeding for dissolution unless joinder is
precluded or made unnecessary by applicable law.
THE COURT ORDERS
3.
a.
To preserve the claims of each party in all retirement plan benefits on entry of judgment granting a dissolution of the status of
the marriage or domestic partnership, the court makes one of the following orders for each retirement plan in which either party
is a participant:
(1)
A final domestic relations order or qualified domestic relations order under Family Code section 2610 disposing of each
party's interest in retirement plan benefits, including survivor and death benefits.
(2) An interim order preserving the nonemployee party's right to retirement plan benefits, including survivor and death benefits,
pending entry of judgment on all remaining issues.
(3) A provisional order on Pension Benefits—Attachment to Judgment (form FL-348) incorporated as an attachment to the
judgment of dissolution of the status of marriage or domestic partnership (Judgment (Family Law) (form FL-180)). This
order provisionally awards to each party a one-half interest in all retirement benefits attributable to employment during the
marriage or domestic partnership.
Type of order attached
3a(1)
3a(2)
3a(3)
b.
Name of plan:
See attachment 3b for additional plans.
c.
The moving party must promptly serve on the retirement or pension plan administrator a copy of any order entered under items
a and b above and a copy of the judgment granting dissolution of the status of the marriage or domestic partnership (form
FL-180).
4.
Jurisdiction is reserved for later determination of all other pending issues in this case.
5.
The court makes the following additional orders as conditions for granting the severance on the issue of dissolution of the status of
marriage or domestic partnership. In the case of the moving party's death, the order continues to be binding on that moving party's
estate and will be enforceable against any asset, including the proceeds thereof, to the same extent that these obligations would
have been enforceable before the person's death.
Division of property
a.
petitioner
respondent
The
must indemnity and hold the other party harmless from any
taxes,
reassessments,
and
payable by the other party in connection with the division of the
interest,
penalties
community estate that would not have been payable if the parties were still married or domestic partners at the time the division
was made.
Page 1 of 3
Form Adopted for Mandatory Use
BIFURCATION OF STATUS OF MARRIAGE
Family Code, §§ 2337, 2610;
Judicial Council of California
Probate Code, §§ 160 et seq., 5000 et seq.
OR DOMESTIC PARTNERSHIP—ATTACHMENT
FL-347 [January 1, 2018]
www.courts.ca.gov
(Family Law)
FL-347
CASE NUMBER:
PETITIONER:
RESPONDENT:
BIFURCATION OF STATUS OF MARRIAGE OR DOMESTIC PARTNERSHIP
ATTACHMENT TO
JUDGMENT (FL-180)
FINDINGS AND ORDER AFTER HEARING (FL-340)
The court grants the request of
petitioner
respondent
to bifurcate and grant a separate trial on the issue of the
dissolution of the status of the marriage or domestic partnership apart from other issues.
Date marital or domestic partnership status ends (specify):
THE COURT FINDS
1.
A preliminary declaration of disclosure with a completed schedule of assets and debts and income and expense declaration has
been served on the nonmoving party, or the parties have stipulated in writing to defer service of the preliminary declaration of
disclosure until a later time.
2.
Each retirement or pension plan of the parties has been joined as a party to the proceeding for dissolution unless joinder is
precluded or made unnecessary by applicable law.
THE COURT ORDERS
3.
a.
To preserve the claims of each party in all retirement plan benefits on entry of judgment granting a dissolution of the status of
the marriage or domestic partnership, the court makes one of the following orders for each retirement plan in which either party
is a participant:
(1)
A final domestic relations order or qualified domestic relations order under Family Code section 2610 disposing of each
party's interest in retirement plan benefits, including survivor and death benefits.
(2) An interim order preserving the nonemployee party's right to retirement plan benefits, including survivor and death benefits,
pending entry of judgment on all remaining issues.
(3) A provisional order on Pension Benefits—Attachment to Judgment (form FL-348) incorporated as an attachment to the
judgment of dissolution of the status of marriage or domestic partnership (Judgment (Family Law) (form FL-180)). This
order provisionally awards to each party a one-half interest in all retirement benefits attributable to employment during the
marriage or domestic partnership.
Type of order attached
3a(1)
3a(2)
3a(3)
b.
Name of plan:
See attachment 3b for additional plans.
c.
The moving party must promptly serve on the retirement or pension plan administrator a copy of any order entered under items
a and b above and a copy of the judgment granting dissolution of the status of the marriage or domestic partnership (form
FL-180).
4.
Jurisdiction is reserved for later determination of all other pending issues in this case.
5.
The court makes the following additional orders as conditions for granting the severance on the issue of dissolution of the status of
marriage or domestic partnership. In the case of the moving party's death, the order continues to be binding on that moving party's
estate and will be enforceable against any asset, including the proceeds thereof, to the same extent that these obligations would
have been enforceable before the person's death.
Division of property
a.
petitioner
respondent
The
must indemnity and hold the other party harmless from any
taxes,
reassessments,
and
payable by the other party in connection with the division of the
interest,
penalties
community estate that would not have been payable if the parties were still married or domestic partners at the time the division
was made.
Page 1 of 3
Form Adopted for Mandatory Use
BIFURCATION OF STATUS OF MARRIAGE
Family Code, §§ 2337, 2610;
Judicial Council of California
Probate Code, §§ 160 et seq., 5000 et seq.
OR DOMESTIC PARTNERSHIP—ATTACHMENT
FL-347 [January 1, 2018]
www.courts.ca.gov
(Family Law)
FL-347
CASE NUMBER:
PETITIONER:
RESPONDENT:
5.
b.
Health insurance
Until judgment has been entered on all remaining issues and has become final, the
petitioner
respondent
must maintain all existing health and medical insurance coverage for the other party, and that party must also maintain any
minor children as named dependents, as long as that party is eligible to do so. If at any time during this period the
petitioner
respondent
is not eligible to maintain that coverage, that party must, at his or her sole expense,
provide and maintain health and medical insurance coverage that is comparable to the existing health and medical insurance
coverage to the extent it is available.
petitioner
respondent
If that coverage is not available, the
is responsible for paying the health and medical
care for the other party and the minor children to the extent that care would have been covered by the existing insurance
coverage but for the dissolution of marital status or domestic partnership, and will otherwise indemnify and hold the other party
harmless from any adverse consequences resulting from the loss or reduction of the existing coverage. "Health and medical
insurance coverage" includes any coverage under any group or individual health or other medical plan, fund, policy, or program.
c.
Probate homestead
Until judgment has been entered on all remaining issues and has become final, the
petitioner
respondent
must indemnify and hold the other party harmless from any adverse consequences to the other party if the bifurcation results in
a termination of the other party's right to a probate homestead in the residence in which the other party resides at the time the
severance is granted.
d.
Probate family allowance
Until judgment has been entered on all remaining issues and has become final, the
petitioner
respondent
must indemnify and hold the other party harmless from any adverse consequences to the other party if the bifurcation results in
the loss of the rights of the other party to a probate family allowance as the surviving spouse or surviving domestic partner.
e.
Retirement benefits
Except for any retirement plan, fund, or arrangement identified in any order issued and attached as set out in paragraph 3, until
petitioner
respondent
judgment has been entered on all remaining issues and has become final, the
must
indemnify and hold the other party harmless from any adverse consequences to the other party if the bifurcation results in the
loss of the other party's rights with respect to any retirement, survivor, or deferred compensation benefits under any plan, fund,
or arrangement, or to any elections or options associated with them, to the extent that the other party would have been entitled
to those benefits or elections as the spouse or surviving spouse or the domestic partner or surviving domestic partner of the
moving party.
f.
Social security benefits
The moving party must indemnify and hold the other party harmless from any adverse consequences if the bifurcation results in
the loss of rights to social security benefits or elections to the extent the other party would have been entitled to those benefits
or elections as the surviving spouse or surviving domestic partner of the moving party.
g.
Beneficiary designation—nonprobate transfer
Attachment 5(g), Order Re: Beneficiary Designation for Nonprobate Transfer Assets, will remain in effect for each covered
asset until the division of any community interest therein has been completed.
h.
Individual Retirement Accounts
Attachment 5(h), Order Re: Division of IRA Under Internal Revenue Code Section 408(d)(6), has been issued to preserve
petitioner
respondent
the ability of
to defer distribution of his or her community interest on the death of
the IRA owner.
BIFURCATION OF STATUS OF MARRIAGE
Page 2 of 3
FL-347 [Rev. January 1, 2018]
OR DOMESTIC PARTNERSHIP—ATTACHMENT
(Family Law)
FL-347
CASE NUMBER:
PETITIONER:
RESPONDENT:
5. i.
Enforcement of community property rights
Good cause exists to make additional orders as set out in Family Code section 2337(c)(9). See Attachment 5(i).
j.
Other conditions that are just and equitable
Other:
Number of pages attachments:
6.
WARNING: Judgment (Family Law) (form FL-180) (status only) must be completed in addition to this form for the status of the
marriage or domestic partnership to be ended.
Page 3 of 3
BIFURCATION OF STATUS OF MARRIAGE
FL-347 [Rev. January 1, 2018]
OR DOMESTIC PARTNERSHIP—ATTACHMENT
(Family Law)
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