Wednesday, May 17, 2017

Random Fuzzy

In response to persistent questions I am posting again this info:

Both Angelina's petition and Brad's response omitted info on their assets, liabilities and income.  Neither mentioned the existence of their prenup.   As explained below, the divorce petition will eventually be dismissed even without action on their part if they do not provide the court with the necessary income, asset and debt disclosures.  To correct this, they have to amend both the petition and the response by filing the forms anew with the required info.  The amended petition and response in effect replace the original petition and response and as such are highly critical documents, which is why any subsequent change requires court approval.

Failure to complete your divorce paperwork will stop your divorce proceeding. Whether or not your husband responds to your petition, you are required to file certain documents, including income, asset and debt disclosures, ...If you fail to file any of these forms, the court will not enter a divorce judgment. Continued inaction will ultimately lead the court to dismiss the petition for divorce. 

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A change in circumstances in the middle of the divorce process can have a significant impact on the case. Newly discovered property, a change of income and assets, and a change in the relationship with minor children are perhaps the more common developments.  California law allows a person who filed a divorce petition, called a “petitioner,” to amend that petition to accommodate a change in circumstances or to correct information that was originally included or omitted by mistake.

A petitioner has the right to amend the divorce petition one time without asking the court for permission to do so.  You need to prepare and submit another FL 100 form, the same form you initially used to file for dissolution of your marriage. Because the amended petition contains new information, your spouse must receive a copy of your amended paperwork.

Fill out the amended petition paperwork as you did when you initially filed for divorce, ensuring you include the new information.  File the original amended petition with the clerk, as you did when you filed your original petition.  Ask the clerk to file-stamp your two photocopies. One copy is for your spouse, and the other is for your records.
Direct a process server to deliver one stamped photocopy of your amended petition on your spouse. The process server will complete and return to you a document called a “Proof of Service.” File that document with the court clerk.

As with the petition, the respondent can amend the response one time without asking the court for permission to do so. Also similar to the petition is the “AMENDED” box that appears within the caption at the top of the first page of the response. The respondent must check this box to inform the court that this subsequent response amends information contained within the original response.

California requires a party who wants to make subsequent amendments to obtain the permission of the court first.  

No amended petition and response have been filed.  The dissolution petition cannot advance further without complying with the disclosure requirementsAll filings submitted to Judge Ouderkirk after they appointed him as their private judge on Jan. 9 are listed in the case summary.  A Request, Order, Dr, Katz's declaration, and a Stipulation & Order were entered, but only Dr. Katz's declaration of his qualifications is not sealed and available to the public.  Nothing new has been filed since the Stipulation & Order on January 31.

They've had 7 months to comply and with an "ironclad" prenup in hand, they could have easily complied right from the start --  details about their prenup appeared in TMZ last year.  That they have failed to do so isn't a surprise since we've known from their lawyers' emails and from everything they've said and done that family recovery and reunification and not dissolution has always been their goal.  The petition was filed while they were under pressure from the DCFS and the child safety plan was just put in place.  The Custody Stipulation was also "encouraged" by the DCFS.

Any development in the case will come from official word from them and an update in the case summary.  

-- Fussy


Case Summary (as of 5/24)
Case Number:  BD646058
Filing Date:  09/19/2016
Case Type:  Dissolution of Marriage (General Jurisdiction)
Status:  Pending

Documents Filed (Filing dates listed in descending order)
01/31/2017 Stipulation & Order
01/25/2017 Declaration (filed by Stan J. Katz, Ph.D. )
01/17/2017 Order
01/17/2017 Request
01/09/2017 Miscellaneous (conditionally sealed record. )
Filed by Petitioner
01/09/2017 Notice-Lodging
Filed by Petitioner
01/09/2017 Stipulation & Order (Honorable John W. Ouderkirk (Ret) )


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