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The FL-320 form, known as the Responsive Declaration to Request for Order, serves as a crucial tool for individuals involved in family law matters in California. This form allows parties to respond to requests made by another party in a family law case, particularly concerning issues like child custody, child support, spousal support, and property control. It plays a vital role in ensuring that all parties have the opportunity to express their consent or objections to proposed orders. The form requires essential information, such as the names of the petitioner and respondent, as well as details about any existing domestic violence restraining orders. Additionally, it prompts individuals to provide supporting facts for their declarations, ensuring that the court has a comprehensive understanding of the situation. By completing the FL-320, parties can articulate their positions on various matters, helping to facilitate a fair resolution in family law disputes. Understanding the significance of this form can empower individuals to navigate the complexities of family law proceedings more effectively.

Preview - Fl 320 Form

FL-320

PARTY WITHOUT ATTORNEY OR ATTORNEY

STATE BAR NUMBER:

NAME:

 

 

FIRM NAME:

 

 

STREET ADDRESS:

 

 

CITY:

STATE:

ZIP CODE:

TELEPHONE NO.:

FAX NO.:

 

E-MAIL ADDRESS:

 

 

ATTORNEY FOR (name):

 

 

SUPERIOR COURT OF CALIFORNIA, COUNTY OF

STREET ADDRESS:

MAILING ADDRESS:

CITY AND ZIP CODE:

BRANCH NAME:

PETITIONER:

RESPONDENT:

OTHER PARENT/PARTY:

RESPONSIVE DECLARATION TO REQUEST FOR ORDER

HEARING DATE:

TIME:

DEPARTMENT OR ROOM:

FOR COURT USE ONLY

CASE NUMBER:

1.

2.

3.

Read Information Sheet: Responsive Declaration to Request for Order (form FL-320-INFO) for more information about this form.

RESTRAINING ORDER INFORMATION

a. No domestic violence restraining/protective orders are now in effect between the parties in this case.

b. I agree that one or more domestic violence restraining/ protective orders are now in effect between the parties in this case.

CHILD CUSTODY

VISITATION (PARENTING TIME)

a. I consent to the order requested for child custody (legal and physical custody).

b. I consent to the order requested for visitation (parenting time).

c.

 

I do not consent to the order requested for

 

child custody

 

visitation (parenting time)

 

 

 

 

 

 

 

but I consent to the following order:

 

 

 

 

 

 

 

 

 

 

 

 

CHILD SUPPORT

a.I have completed and filed a current Income and Expense Declaration (form FL-150) or, if eligible, a current Financial Statement (Simplified) (form FL-155) to support my responsive declaration.

b. I consent to the order requested.

c. I consent to guideline support.

d. I do not consent to the order requested but I consent to the following order:

4.

SPOUSAL OR DOMESTIC PARTNER SUPPORT

a.I have completed and filed a current Income and Expense Declaration (form FL-150) to support my responsive declaration.

b. I consent to the order requested.

c. I do not consent to the order requested but I consent to the following order:

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Form Adopted for Mandatory Use Judicial Council of California FL-320 [Rev. July 1, 2016]

RESPONSIVE DECLARATION TO REQUEST FOR ORDER

Code of Civil Procedure, § 1005 Cal. Rules of Court, rule 5.92 www.courts.ca.gov

FL-320

PETITIONER:

RESPONDENT: OTHER PARENT/PARTY:

CASE NUMBER:

5.

6.

PROPERTY CONTROL

 

 

a.

 

I consent to the order requested.

 

but I consent to the following order:

 

 

b.

 

I do not consent to the order requested

 

 

 

ATTORNEY'S FEES AND COSTS

a.I have completed and filed a current Income and Expense Declaration (form FL-150) to support my responsive declaration.

b.I have completed and filed with this form a Supporting Declaration for Attorney's Fees and Costs Attachment (form FL-158) or a declaration that addresses the factors covered in that form.

c. I consent to the order requested.

d.

 

I do not consent to the order requested

 

but I consent to the following order:

 

 

7.

8.

9.

DOMESTIC VIOLENCE ORDER

a. I consent to the order requested.

b. I do not consent to the order requested

OTHER ORDERS REQUESTED

a. I consent to the order requested.

b. I do not consent to the order requested

TIME FOR SERVICE / TIME UNTIL HEARING

a. I consent to the order requested.

b. I do not consent to the order requested

but I consent to the following order:

but I consent to the following order:

but I consent to the following order:

10.

 

FACTS TO SUPPORT my responsive declaration are listed below. The facts that I write and attach to this form cannot be

 

 

 

longer than 10 pages, unless the court gives me permission.

 

Attachment 10.

 

 

 

I declare under penalty of perjury under the laws of the State of California that the information provided in this form and all attachments is true and correct.

Date:

U

(TYPE OR PRINT NAME)

 

(SIGNATURE OF DECLARANT)

FL-320 [Rev. July 1, 2016]

RESPONSIVE DECLARATION TO REQUEST FOR ORDER

 

 

 

 

 

 

 

 

 

 

 

 

For your protection and privacy, please press the Clear

 

 

 

 

 

This Form button after you have printed the form.

 

Print this form

 

Save this form

 

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Clear this form

Document Specifics

Fact Name Details
Form Purpose The FL-320 form is used for responsive declarations in family law cases in California.
Governing Law This form is governed by the California Code of Civil Procedure, § 1005 and Cal. Rules of Court, rule 5.92.
Filing Requirement Parties must file this form with the court to respond to requests for orders regarding child custody, support, and other issues.
Income Declaration Filing an Income and Expense Declaration (form FL-150) is often required to support claims in the responsive declaration.
Domestic Violence Parties must indicate whether any domestic violence restraining orders are in effect between them.
Child Custody Options The form allows parties to consent or contest orders related to child custody and visitation.
Attorney's Fees Parties can request attorney's fees and costs, supported by a declaration or form FL-158.
Signature Requirement The declarant must sign the form, declaring under penalty of perjury that the information is true and correct.

Fl 320: Usage Instruction

Filling out the FL-320 form is a crucial step in addressing your legal matters. Completing this form accurately ensures that your requests are clearly communicated to the court. Follow the steps below to fill out the form effectively.

  1. Begin by entering your personal information at the top of the form. Include your name, address, telephone number, and email address. If you have an attorney, include their details as well.
  2. Fill in the court's information, including the name of the court, the street address, city, and zip code. Specify the branch name if applicable.
  3. Identify the parties involved by entering the names of the petitioner, respondent, and any other parent or party.
  4. Provide the hearing date, time, and department or room number for your case.
  5. Enter your case number in the designated area for court use only.
  6. Respond to the restraining order question by checking the appropriate box to indicate whether any domestic violence restraining orders are in effect.
  7. Address child custody and visitation by selecting the appropriate options regarding your consent.
  8. For child support, indicate whether you have filed the necessary financial declarations and state your consent to the order requested.
  9. Complete the section on spousal or domestic partner support, again noting if you have filed the required income declaration and your consent status.
  10. Fill out the property control section, indicating your consent or lack thereof.
  11. Provide information regarding attorney's fees and costs, including whether you have filed the necessary supporting declaration.
  12. Answer the questions related to domestic violence orders and any other orders requested, indicating your consent.
  13. Specify the time for service and time until the hearing, marking your consent or any alternative orders you agree to.
  14. In the final section, list the facts that support your responsive declaration. Keep this to a maximum of 10 pages unless you have court permission for more.
  15. Finally, sign and date the form, certifying that the information provided is true and correct.

Learn More on Fl 320

What is the FL-320 form?

The FL-320 form, also known as the Responsive Declaration to Request for Order, is a legal document used in California family law cases. It allows a party to respond to a request for orders related to child custody, visitation, child support, spousal support, and other family law matters. This form is essential for individuals who wish to express their agreement or disagreement with the requests made by the other party.

Who needs to file the FL-320 form?

Any individual involved in a family law case who has received a Request for Order can file the FL-320 form. This could be a petitioner or respondent in a divorce, child custody, or support case. If you want the court to consider your position on the requested orders, completing this form is crucial.

What information do I need to provide on the FL-320 form?

You will need to provide several key pieces of information, including:

  • Your name and contact information.
  • The case number associated with your family law matter.
  • Details about whether you consent to the requested orders regarding child custody, visitation, and support.
  • Any facts that support your responsive declaration, which should be concise and no longer than 10 pages unless permitted otherwise by the court.

How do I file the FL-320 form?

To file the FL-320 form, follow these steps:

  1. Complete the form with accurate information.
  2. Make copies of the completed form for your records and for the other party.
  3. File the original form with the court clerk at the appropriate courthouse.
  4. Serve a copy of the filed form on the other party, following the court's rules for service.

What happens after I file the FL-320 form?

After filing the FL-320 form, the court will schedule a hearing date for the request for orders. You will receive a notice of this hearing, which will inform you of the date, time, and location. It is essential to attend this hearing, as the court will make decisions based on the information provided in your responsive declaration and the other party's request.

Can I include additional documents with the FL-320 form?

Yes, you can attach additional documents to support your responsive declaration. This may include financial documents, declarations, or any other relevant evidence. Ensure that these attachments are clearly labeled and referenced in your FL-320 form.

What if I disagree with the other party's requests?

If you disagree with the requests made by the other party, you can indicate this on the FL-320 form. You should specify which requests you do not consent to and provide your reasons. It’s important to clearly articulate your position to help the court understand your stance.

Is there a deadline for filing the FL-320 form?

Yes, there is typically a deadline for filing the FL-320 form, which is usually set by the court in the notice of the hearing. It’s important to file your response before this deadline to ensure that your voice is heard in the proceedings. Failing to file on time may result in the court making decisions without considering your input.

Where can I find more information about the FL-320 form?

For more information, you can refer to the Information Sheet for the Responsive Declaration to Request for Order (form FL-320-INFO). This document provides additional guidance and details about how to complete the FL-320 form and what to expect during the process.

Common mistakes

When filling out the FL-320 form, many individuals inadvertently make mistakes that can delay their case or create complications. One common error is failing to provide complete contact information. It is crucial to include all details, such as your full name, address, and telephone number. Missing or incorrect information can lead to issues with communication and may result in the court not being able to reach you.

Another frequent mistake involves neglecting to check the appropriate boxes regarding restraining orders. The form requires clear acknowledgment of whether any domestic violence restraining orders are in effect. Misunderstanding or overlooking this section can lead to serious legal ramifications and may affect the outcome of your case.

Many individuals also struggle with the child custody and visitation sections. It is essential to clearly state your position on custody and visitation orders. If you do not consent to the order requested, you must specify what you do consent to. Failing to provide this information can leave the court without a clear understanding of your wishes regarding parenting time.

Completing the financial sections of the form can be particularly challenging. Individuals often forget to attach the required Income and Expense Declaration (form FL-150) or the Financial Statement (Simplified) (form FL-155). Without these documents, the court may not have the necessary information to make informed decisions about child support or spousal support, leading to delays.

Lastly, many people overlook the importance of providing supporting facts for their responsive declaration. The form allows for a brief explanation of your position, but it is vital to stay within the page limit. If your facts exceed ten pages without court permission, it could result in your declaration being disregarded. Ensuring that all sections are completed accurately and thoroughly is essential for a smooth process.

Documents used along the form

The FL-320 form, also known as the Responsive Declaration to Request for Order, is an important document used in family law cases in California. It allows a party to respond to requests made by the other party regarding issues like child custody, visitation, and support. Along with the FL-320, there are several other forms that are commonly used. Here are five of them:

  • FL-150: Income and Expense Declaration - This form provides a detailed account of a person's income, expenses, and financial situation. It is often required to support requests for child or spousal support.
  • FL-155: Financial Statement (Simplified) - This is a shorter version of the FL-150 and is used by individuals with simpler financial situations. It serves the same purpose of detailing income and expenses.
  • FL-158: Supporting Declaration for Attorney's Fees and Costs Attachment - This form is used to request attorney's fees and costs. It requires a declaration that explains why the fees are necessary and how they were calculated.
  • FL-311: Child Custody and Visitation Application - This form is used to request orders related to child custody and visitation. It outlines the proposed arrangements for parenting time and legal custody.
  • FL-320-INFO: Information Sheet for Responsive Declaration to Request for Order - This document provides important information about how to fill out the FL-320 form and what to expect during the court process.

Understanding these forms and how they relate to the FL-320 can help individuals navigate family law matters more effectively. Each document serves a unique purpose and can significantly impact the outcomes of legal proceedings.

Similar forms

The FL-320 form, known as the Responsive Declaration to Request for Order, shares similarities with several other legal documents used in family law cases. One such document is the FL-150, or Income and Expense Declaration. This form is essential for providing the court with a detailed overview of a party's financial situation. Just as the FL-320 requires parties to consent or contest various requests, the FL-150 helps establish the financial basis for those requests, particularly regarding child support and spousal support. Both forms aim to ensure that the court has a comprehensive understanding of the financial circumstances affecting the case.

Another document that is closely related to the FL-320 is the FL-155, or Financial Statement (Simplified). This form is often used by individuals who may not have complex financial situations but still need to provide the court with a clear picture of their finances. Similar to the FL-320, the FL-155 allows parties to indicate their consent or objections to financial orders. Both forms emphasize the importance of transparency in financial matters, ensuring that the court can make informed decisions based on the parties' financial disclosures.

The FL-180, or Judgment, is also similar to the FL-320. While the FL-320 is a responsive declaration, the FL-180 serves as the final order from the court. Both documents play crucial roles in the legal process. The FL-320 allows parties to respond to requests made by the other party, while the FL-180 formalizes the court's decisions on those requests. Each document is vital in moving a case toward resolution, ensuring that all parties have a chance to present their positions.

The FL-300, or Request for Order, is another document that shares a relationship with the FL-320. The FL-300 initiates the request for specific orders from the court, such as child custody or support. In contrast, the FL-320 allows the responding party to address those requests. Both forms are integral to the family law process, facilitating communication between parties and the court while ensuring that each party's voice is heard.

Additionally, the FL-158, or Supporting Declaration for Attorney's Fees and Costs Attachment, connects with the FL-320 by addressing financial matters related to legal fees. The FL-320 often requires parties to submit information about their financial status, including requests for attorney’s fees. The FL-158 provides a more detailed account of why one party may be requesting fees, similar to how the FL-320 allows for a response to those requests. Both documents work together to clarify financial obligations and ensure fairness in legal proceedings.

The FL-310, or Declaration Regarding Service of Declaration, is another document that relates to the FL-320. This form is used to confirm that all parties have received necessary documents, including the FL-320 itself. Just as the FL-320 is crucial for responding to requests, the FL-310 ensures that all parties are on the same page regarding what has been served and when. This transparency is vital for maintaining fairness and proper procedure throughout the legal process.

Lastly, the FL-200, or Petition for Dissolution of Marriage, is similar to the FL-320 as it marks the beginning of a legal process that may involve many subsequent forms, including the FL-320. The FL-200 outlines the initial requests for orders related to divorce, custody, and support. In contrast, the FL-320 allows the other party to respond to those initial requests. Both documents are fundamental in shaping the course of family law cases, guiding parties through the necessary legal steps to resolve their disputes.

Dos and Don'ts

When filling out the FL-320 form, it is essential to be careful and thorough. Here are six important things to remember:

  • Read the Information Sheet: Familiarize yourself with the details by reading the Responsive Declaration to Request for Order information sheet.
  • Provide Accurate Information: Ensure that all names, addresses, and case numbers are correct. Mistakes can lead to delays.
  • Complete Required Attachments: If you mention financial support, make sure to include the necessary Income and Expense Declaration or Financial Statement.
  • Sign and Date: Don’t forget to sign and date the form. An unsigned form may not be accepted.
  • Keep Copies: Always keep copies of the completed form and any attachments for your records.
  • Submit on Time: Pay attention to deadlines. Late submissions may affect your case.

By following these guidelines, you can help ensure that your form is processed smoothly. Take your time and review everything carefully before submission.

Misconceptions

Here are ten common misconceptions about the FL-320 form:

  1. It is only for child custody cases. Many believe the FL-320 form is solely for child custody issues. In reality, it addresses various matters, including child support, spousal support, and property control.
  2. You must have an attorney to use this form. While having an attorney can be helpful, individuals can complete the FL-320 form on their own. It is designed for use by both parties, with or without legal representation.
  3. Filing the form guarantees a favorable outcome. Submitting the FL-320 does not ensure that the court will grant your requests. The court will consider all evidence and arguments before making a decision.
  4. All sections of the form must be completed. You are not required to fill out every section. Only complete the sections relevant to your situation and the orders you are requesting.
  5. It is the same as the initial request for order form. The FL-320 is a responsive declaration, meaning it is a reply to a request for order. It differs from the initial request form, which starts the process.
  6. You can submit the form at any time. There are specific deadlines for filing the FL-320. It is essential to adhere to these timelines to ensure your response is considered by the court.
  7. The form is only for California residents. The FL-320 is specific to California, but it is not exclusive to residents. Anyone involved in a case in California can use this form.
  8. Attachments are not allowed. You can attach supporting documents to the FL-320. Just remember that the facts you provide cannot exceed ten pages unless the court permits otherwise.
  9. Only one party needs to file the form. Both parties may need to file their own responsive declarations if they wish to contest or support the requests made in the initial filing.
  10. Once filed, the form cannot be changed. You can amend your FL-320 if needed. However, it is important to notify the court and the other party of any changes made.

Key takeaways

When filling out the FL-320 form, it is important to follow these key takeaways:

  • Read the Information Sheet: Review the Responsive Declaration to Request for Order Information Sheet (form FL-320-INFO) for detailed guidance on completing the form.
  • Provide Accurate Information: Ensure all personal details, including names, addresses, and contact information, are filled out correctly.
  • Consent Statements: Clearly indicate your consent or non-consent regarding child custody, visitation, and support orders. Be specific about any alternative agreements.
  • Income and Expense Declaration: Complete and file a current Income and Expense Declaration (form FL-150) if you are addressing child support or spousal support issues.
  • Supporting Declarations: If applicable, include a Supporting Declaration for Attorney's Fees and Costs Attachment (form FL-158) to justify your request for fees.
  • Domestic Violence Orders: Clearly state your position on any domestic violence orders, as this can impact the court's decisions.
  • Facts to Support Your Declaration: List supporting facts clearly and concisely. Attachments should not exceed 10 pages unless permission is granted by the court.
  • Sign and Date: Remember to sign and date the form, declaring under penalty of perjury that the information is true and correct.
  • Clear the Form: For your privacy, press the "Clear This Form" button after printing to ensure your information is not saved on the device.

By adhering to these guidelines, you can help ensure that your submission is complete and accurate, which is crucial for the court's review process.