Form FL-315 "Request or Response to Request for Separate Trial" - California

What Is Form FL-315?

This is a legal form that was released by the California Superior Court - 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;
  • The latest edition provided by the California Superior Court;
  • Easy to use and ready to print;
  • Quick to customize;
  • Compatible with most PDF-viewing applications;
  • Fill out the form in our online filing application.

Download a fillable version of Form FL-315 by clicking the link below or browse more documents and templates provided by the California Superior Court.

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Download Form FL-315 "Request or Response to Request for Separate Trial" - California

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FL-315
CASE NUMBER:
PETITIONER:
RESPONDENT:
REQUEST FOR SEPARATE TRIAL
OR
RESPONSE TO REQUEST FOR SEPARATE TRIAL
Attachment to
Request for Order
Responsive Declaration to Request for Order
(form FL-300)
(form FL-320)
1. I am the
and
that the court sever
petitioner
respondent
request
oppose the request
(bifurcate) and grant an early and separate trial on the following issue or issues:
a.
Permanent custody and visitation of the children of the marriage of domestic partnership
b.
Date of separation of the parties
c.
Alternate valuation date for property
d.
Validity of agreement entered into before or during the marriage or domestic partnership
e.
Dissolution of the status of the marriage or domestic partnership
(1)
I will serve with this application or response my preliminary Declaration of Disclosure (form FL-140) and completed
Schedule of Assets and Debts (form FL-142) and Income and Expense Declaration (FL-150) unless they have been
previously served or the parties have stipulated in writing to defer service.
(2) All pension or retirement plans in which the community has an interest are listed below or on attachment 1e(2):
(3)
All pension or retirement plans listed in 1e(2) have been joined as a party to this proceeding, unless joinder is precluded or
made unnecessary as a matter of law. (See Retirement Plan Joinder—Information Sheet (form FL-318-INFO) to determine
if a joinder is required.)
(4)
I understand that the court may make the orders specified or requested on pages 2 and 3 if the request is granted to
bifurcate the status of the marriage or domestic partnership and the marriage or partnership is ended.
(5)
I request that the court make the orders indicated on pages 2 and 3 and any attachments.
NOTE: A request for an early termination of your marital or partnership status may have a significant impact on your rights or
responsibilities in your case. If you do not understand this form, you should speak with an attorney.
f.
Other (specify):
2. a.
I request that the court conduct this separate trial on the hearing date.
b.
I will, at the hearing, ask the court to set a date for this separate trial.
3. The reasons in support of this request are (specify):
Memorandum attached.
Supporting declarations attached.
Page 1 of 3
Form Adopted for Mandatory Use
REQUEST OR RESPONSE TO REQUEST FOR SEPARATE TRIAL
Family Code § 2337
Judicial Council of California
www.courts.ca.gov
(Family Law)
FL-315 [January 1, 2018]
FL-315
CASE NUMBER:
PETITIONER:
RESPONDENT:
REQUEST FOR SEPARATE TRIAL
OR
RESPONSE TO REQUEST FOR SEPARATE TRIAL
Attachment to
Request for Order
Responsive Declaration to Request for Order
(form FL-300)
(form FL-320)
1. I am the
and
that the court sever
petitioner
respondent
request
oppose the request
(bifurcate) and grant an early and separate trial on the following issue or issues:
a.
Permanent custody and visitation of the children of the marriage of domestic partnership
b.
Date of separation of the parties
c.
Alternate valuation date for property
d.
Validity of agreement entered into before or during the marriage or domestic partnership
e.
Dissolution of the status of the marriage or domestic partnership
(1)
I will serve with this application or response my preliminary Declaration of Disclosure (form FL-140) and completed
Schedule of Assets and Debts (form FL-142) and Income and Expense Declaration (FL-150) unless they have been
previously served or the parties have stipulated in writing to defer service.
(2) All pension or retirement plans in which the community has an interest are listed below or on attachment 1e(2):
(3)
All pension or retirement plans listed in 1e(2) have been joined as a party to this proceeding, unless joinder is precluded or
made unnecessary as a matter of law. (See Retirement Plan Joinder—Information Sheet (form FL-318-INFO) to determine
if a joinder is required.)
(4)
I understand that the court may make the orders specified or requested on pages 2 and 3 if the request is granted to
bifurcate the status of the marriage or domestic partnership and the marriage or partnership is ended.
(5)
I request that the court make the orders indicated on pages 2 and 3 and any attachments.
NOTE: A request for an early termination of your marital or partnership status may have a significant impact on your rights or
responsibilities in your case. If you do not understand this form, you should speak with an attorney.
f.
Other (specify):
2. a.
I request that the court conduct this separate trial on the hearing date.
b.
I will, at the hearing, ask the court to set a date for this separate trial.
3. The reasons in support of this request are (specify):
Memorandum attached.
Supporting declarations attached.
Page 1 of 3
Form Adopted for Mandatory Use
REQUEST OR RESPONSE TO REQUEST FOR SEPARATE TRIAL
Family Code § 2337
Judicial Council of California
www.courts.ca.gov
(Family Law)
FL-315 [January 1, 2018]
FL-315
CASE NUMBER:
PETITIONER:
RESPONDENT:
4. Conditions relating to bifurcation of the status of the marriage or partnership:
a.
I understand that the court must enter an order to preserve the claims of each spouse or domestic partner in all retirement plan
benefits upon entry of judgment granting a dissolution of the status of the marriage or domestic partnership.
b.
I request that the court order the following as a condition of granting the bifurcation and ending the marriage or partnership upon
an early and separate trial:
(1)
Division of property
petitioner
respondent
The
and his or her estate must indemnify and hold me harmless from any taxes,
reassessments, interest, and penalties that I have to pay in connection with the division of the community estate that I
would not have had to pay if we were still married or in a domestic partnership at the time the division was made.
(2)
Health insurance
Until judgment has been entered on all remaining issues and has become final
petitioner
respondent
must maintain all existing health and medical insurance coverage for me and any minor children as named dependents as
long as he or she is eligible to do so. If at any time during this period, he or she is not eligible to maintain that coverage, he
or she 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.
To the extent that coverage is not available, the
petitioner
respondent
must be responsible for
paying, and demonstrate to the court's satisfaction the ability to pay, for health and medical care for me 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 must otherwise indemnify and hold me harmless from any adverse
consequences resulting from the loss or reduction of the existing coverage.
(3)
Probate homestead
Until judgment has been entered on all remaining issues and has become final, the
petitioner
respondent
must indemnify and hold me harmless from any adverse consequences if the bifurcation results in a termination of my right
to a probate homestead in the residence in which I am residing at the time the severance is granted.
(4)
Probate family allowance
Until judgment has been entered on all remaining issues and has become final, the
petitioner
respondent
must indemnify and hold me harmless from any adverse consequences if the bifurcation results in the loss of my right to a
probate family allowance as the surviving spouse or surviving domestic partner.
(5)
Retirement benefits
Until judgment has been entered on all remaining issues and has become final, the
petitioner
respondent
must indemnify and hold me harmless from any adverse consequences if the bifurcation results in the loss of my rights with
respect to any retirement, survivor, or deferred compensation benefits under any plan, fund, or arrangement, or to any
elections or options associated those benefits, to the extent that I would have been entitled to those benefits or elections as
the spouse or surviving spouse or the domestic partner or surviving domestic partner.
(6)
Social security benefits
The
must indemnify and hold me harmless from any adverse consequences if
petitioner
respondent
the bifurcation results in the loss of rights to social security benefits or elections to the extent that I would have been entitled
to those benefits or elections as the surviving spouse or surviving domestic partner.
(7)
Beneficiary designation—nonprobate transfer
The
petitioner
respondent
must maintain the beneficiary designation specified for each Nonprobate
Transfer Asset (Probate Code section 5000) identified on the attached list in the percentage indicated. (See Attachment 7
(not a form), which lists each asset and proposed percentage.) This designation must stay in effect until judgment has been
entered with respect to the community ownership of that asset and until my interest in it has been distributed to me.
Page 2 of 3
FL-315 [Rev. January 1, 2018]
REQUEST OR RESPONSE TO REQUEST FOR SEPARATE TRIAL
(Family Law)
FL-315
CASE NUMBER:
PETITIONER:
RESPONDENT:
(8)
Individual Retirement Accounts
To preserve the ability of the nonowner to defer the distribution of an Individual Retirement Account (IRA) or annuity upon
the death of the owner, the court should make the attached orders assigning and transferring the community interest of
petitioner
respondent
in each listed IRA to that party. (See Attachment 8 (not a form), which lists
names of IRAs, account numbers, and amount to be awarded.)
(9)
Enforcement of community property rights
Because it will be difficult to enforce either of our community property rights if one of us dies before the division and
distribution or compliance with any court-ordered payment of any community property interest, the court should make the
petitioner
respondent.
attached order to provide enforcement security for
(See attachment 9 (not a
form), which specifies the security interest to be ordered as provided by Family Code section 2337(c)(9).)
(10)
Other conditions that are just and equitable
I request that the court make the following additional orders:
Number of pages attached after this page:
5.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date:
(TYPE OR PRINT NAME)
(SIGNATURE OF DECLARANT)
Page 3 of 3
FL-315 [Rev. January 1, 2018]
REQUEST OR RESPONSE TO REQUEST FOR SEPARATE TRIAL
(Family Law)
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