Homepage Blank Fl 320 PDF Template
Navigation

Navigating through family law procedures can often be complex and emotionally taxing, especially when it involves responding to requests for court orders that cover sensitive areas such as child custody, visitation rights, spousal support, and property control. The FL-320 form serves as a crucial document in this process, enabling individuals to file a responsive declaration to a request for order in the Superior Court of California. This form demands meticulous attention to detail as it encompasses various sections, each requiring the respondent to provide accurate and comprehensive information. Sections include personal identification, court case details, and areas requiring responses to specific requests like child support, spousal or domestic partner support, and restraining orders. Importantly, the FL-320 form also allows for the declaration of consent or non-consent to the orders requested, offering an opportunity for the respondent to outline alternative proposals. Completing the Income and Expense Declaration (form FL-150) is often an integral part of supporting the responsive declaration, ensuring that financial statements align with the requests made or contested. The final part of the form invites individuals to present facts supporting their declaration, limited to 10 pages unless prior court approval for an extension is obtained. Through this form, the legal system aims to streamline the process of responding to requests for orders, emphasizing the importance of clear communication and the need for well-substantiated positions to facilitate fair and just outcomes in family law disputes.

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:

Page 1 of 2

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

 

Page 2 of 2

Clear this form

Form Data

Fact Number Fact Detail
1 The FL-320 form is a Responsive Declaration to Request for Order used in the Superior Court of California.
2 This form is adopted for Mandatory Use by the Judicial Council of California, indicating its standardized application across the state.
3 Governing laws for the FL-320 form include the Code of Civil Procedure, § 1005 and California Rules of Court, rule 5.92.
4 Parties filling out the FL-320 form can indicate their agreement or disagreement with orders requested concerning child custody, visitation, and support.
5 It provides sections for respondents to address issues related to spousal or domestic partner support, property control, and attorney's fees and costs.
6 Respondents can also state their position regarding domestic violence orders and other orders requested by another party.
7 The form includes a section for respondents to specify facts supporting their responsive declaration, with a limit of up to 10 pages unless otherwise permitted by the court.
8 All responders must declare under penalty of perjury that the information provided is true and correct, reinforcing the form's legal significance.

Instructions on Utilizing Fl 320

Successfully navigating the FL-320 form requires a comprehensive and methodical approach. This form is instrumental for individuals wishing to respond officially to a request for order within the jurisdiction of the California Courts. Filling it out accurately ensures that the responding party's voice is heard on critical matters such as child custody, visitation rights, child and spousal support, and other pertinent issues. Following a step-by-step guide simplifies the completion process, ensuring clarity and compliance with judicial expectations.

  1. At the top of the form, provide your personal information or, if represented, your attorney's details. This includes the party without attorney or attorney state bar number, name, firm name, street address, city, state, zip code, telephone number, fax number, and email address.
  2. Next, fill in the court information which includes the superior court of California county name, street and mailing addresses, city and zip code, and branch name.
  3. Clearly state the names of the petitioner, respondent, and other parent/party as applicable.
  4. Specify the hearing date, time, department, or room details for the court hearing, if known.
  5. In section 1, you confirm by checking the appropriate box whether any domestic violence restraining or protective orders are in effect between the parties.
  6. For sections 2 to 9, you will address each matter (child custody and visitation, child support, spousal or domestic partner support, property control, attorney's fees and costs, domestic violence order, other orders requested, and time for service/time until hearing) individually. Check the relevant boxes to state whether you consent to the order requested, do not consent, and if not consenting, to what order you do consent, providing specific details as necessary.
  7. Under section 10, list the facts that support your responsive declaration. Remember, the attachment containing these facts should not exceed 10 pages unless you have obtained prior permission from the court.
  8. Upon completing the response sections, review the entire form ensuring all the data is accurate and reflects your positions correctly.
  9. Conclude by declaring under penalty of perjury that the information provided is true and correct. Type or print your name, then sign and date the form.
  10. Lastly, follow the instructions for submitting the form to the court, which may include mailing, electronically filing, or personally delivering the form.

After the FL-320 form is completed and submitted, it becomes part of the official court record for your case. It informs the court of your stance regarding the request for order filed against you or concerning you. The next steps typically involve preparation for a court hearing where the issues outlined in both the request for order and your responsive declaration will be addressed. It’s essential to adhere to all subsequent court instructions and deadlines to ensure your response is considered and to avoid any negative implications for your case.

Obtain Answers on Fl 320

Welcome to the FAQ section about the FL-320 form, a crucial document in California's legal system concerning family law issues. Below you will find answers to some common questions regarding this form.

  1. 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 the California family courts. It allows a party in a family law case to respond to a Request for Order filed by another party. This form enables individuals to officially state their position on various matters such as child custody, visitation rights, child and spousal support, and any other orders being requested.

  2. When should the FL-320 form be used?

    This form should be used whenever an individual needs to respond to a Request for Order in a family law case. This might be in situations relating to divorce, child custody, support modifications, or to contest requests made by another party. It allows the respondent to agree with, object to, or propose modifications to the requests made.

  3. What sections does the FL-320 form contain?

    The FL-320 form encompasses several sections, each addressing different aspects of family law issues:

    • Personal information about the respondent and their representation.
    • Response to requested orders on matters such as restraining orders, child custody and visitation, child support, spousal or domestic partner support, property control, attorney's fees and costs, and any other orders requested.
    • A section for the respondent to list the facts supporting their response.
    • A declaration under penalty of perjury that the information provided is true and correct.

  4. How is the FL-320 form filed?

    To file the FL-320 form, one must complete it with the necessary information, sign under penalty of perjury, and then submit it to the court handling their case. It must be served on other parties involved in the case, typically by mail, but the exact serving process can vary. It's always recommended to check with the local court or consult with a legal professional to ensure the correct filing and serving procedures are followed.

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

    Yes, there is a specific deadline. The FL-320 form must be filed and served at least nine court days before the scheduled hearing, along with an additional five calendar days for mailing if the service is by mail. It’s vital to adhere to this deadline to ensure that the response is considered by the court and to avoid any legal disadvantages.

  6. Can the FL-320 form be filled out online?

    While the form itself can be filled out online for convenience, it must ultimately be printed, signed, and filed with the court in hard copy. Electronic filing (e-filing) options may be available depending on the county. It's advisable to check with the specific court’s website or administrative office for guidance on e-filing options and procedures.

If you have more specific questions or need further clarification about the FL-320 form, consulting with a family law attorney or legal professional is highly recommended to ensure that you understand your rights and obligations fully.

Common mistakes

Filling out legal forms can be a daunting process, and the FL-320 form is no exception. When navigating this form, careful attention to detail is incredibly important. Mistakes can lead to delays or unfavorable outcomes in your case. Here are four common errors that individuals often make when completing the FL-320, officially titled "Responsive Declaration to Request for Order".

  1. Incorrect or Incomplete Personal Information: Many people hastily fill in their personal details and misspell their name or incorrectly write their address, phone number, or email. It's crucial to double-check this section to ensure all information is accurate and matches official identification documents.

  2. Failure to Attach Supporting Documents: Sections such as child support, spousal support, and attorney’s fees and costs require current financial information through the Income and Expense Declaration (form FL-150) or, in some instances, a Simplified Financial Statement (form FL-155). Neglecting to attach these documents or providing outdated or incomplete documents can significantly hinder your case.

  3. Not Clearly Stating Consent or Non-Consent: The form asks you to specify your consent or non-consent on issues like restraining orders, child custody and visitation, and property control. A common oversight is not clearly indicating your stance, which might be misunderstood as agreement or disagreement by default. Articulating any conditional consent or specifics on what you are agreeing or objecting to, if not clearly stated, could result in an unfavorable ruling.

  4. Omitting Facts to Support Your Responsive Declaration: The final section of the form allows for the attachment of facts to support your responses. Many individuals fail to leverage this, submitting the form without the necessary attachments or providing too little information to justify their position. Remember, this section cannot exceed 10 pages unless special permission is granted by the court, so it's essential to be concise yet thorough in your explanations.

Understanding and avoiding these common pitfalls will help ensure that your FL-320 form is completed properly, reflecting your situation and requests accurately. It's always advisable to review your form meticulously before submission or consult with a legal professional to ensure all information is presented correctly and effectively.

Documents used along the form

When navigating through family law proceedings, various forms and documents often accompany the FL-320 form, or Responsive Declaration to Request for Order. Understanding each of these forms and their purpose can significantly impact the outcome of a case. The list provided below gives a brief overview of common documents associated with the FL-320 to ensure parties are well-prepared and informed.

  • FL-150 (Income and Expense Declaration): This document provides a comprehensive overview of a party's financial status, including income sources, monthly expenses, assets, and debts. It is critical for determining child support, spousal support, and attorney’s fees.
  • FL-155 (Financial Statement Simplified): For individuals with simpler financial situations, the FL-155 serves as an alternative to the more detailed FL-150, streamlining the process of declaring financial standing.
  • FL-158 (Supporting Declaration for Attorney's Fees and Costs Attachment): This form supplements requests for attorney's fees and costs, detailing the basis for the requested amounts and providing evidence of the financial need and the other party's ability to pay.
  • FL-311 (Child Custody and Visitation Application Attachment): This document allows parties to outline specific requests regarding child custody and visitation arrangements, helping the court understand what they believe is in the best interest of the child(ren).
  • MC-030 (Declaration): This form is used to provide additional details or facts in support of a request or responsive declaration. It allows parties to elaborate on information that may not fit within the confined spaces of other standardized forms.
  • FL-141 (Declaration Regarding Service of Declaration of Disclosure and Income and Expense Declaration): This form confirms that the parties have exchanged their mandatory preliminary and final financial disclosures, a crucial step in ensuring transparency and fairness in financial matters during divorce proceedings.
  • FL-105 (Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act): If children are involved, this form is necessary to establish the court's jurisdiction over the children, providing details about their residence and the involvement of other jurisdictions, if any.

Submitting the appropriate forms along with the FL-320 is vital for the progression and resolution of a case. Parties should carefully complete and review these documents, as they collectively offer the court a clear picture of the situation and the requester's needs. Engaging with these forms thoughtfully and accurately can pave the way for a more streamlined legal process and contribute to achieving a favorable outcome.

Similar forms

  • FL-150 Income and Expense Declaration: Similar to the FL-320, the FL-150 form requires detailed financial information from parties involved in a case, mainly for determining child support, spousal support, and attorney's fees. Both forms are used in family law cases to provide financial data crucial for court decisions.

  • FL-155 Financial Statement (Simplified): This document, like the FL-320, is used in family law proceedings but for simpler financial situations. It enables a more streamlined process for determining support obligations. Both the FL-320 and FL-155 facilitate the financial disclosure process, although the FL-155 is used when fewer details are necessary.

  • FL-158 Supporting Declaration for Attorney's Fees and Costs: The FL-320 can include the FL-158 as an attachment when one party seeks attorney’s fees and costs. Both forms are part of the process of detailing expenses and resources in family law cases, specifically around the allocation of legal fees.

  • DV-100 Request for Domestic Violence Restraining Order: Similar to part of the FL-320 that deals with domestic violence orders, the DV-100 form is specifically used to request protection from domestic violence. Both forms can address the need for restraining orders, reflecting the court's role in providing protection in different legal contexts.

  • FL-105/GC-120 Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA): This form, like specific sections of the FL-320, is used in family law to address child custody issues across state lines, providing crucial information about the child's residence and custody status. Both forms contribute to the court's understanding and decision-making regarding child custody and visitation rights.

Dos and Don'ts

When filling out the FL-320 form, Responsive Declaration to Request for Order, there are important steps to follow and avoid for a clear and effective submission. The following guidelines aim to assist individuals in navigating this process smoothly.

Things You Should Do:

  • Read the Information Sheet (form FL-320-INFO) carefully to fully understand the purpose and requirements of the FL-320 form.

  • Provide accurate and current information for all fields, especially personal details and case numbers, to ensure there are no delays due to incorrect data.

  • Complete a current Income and Expense Declaration (form FL-150) or, if eligible, a Financial Statement (Simplified) (form FL-155) when declaring financial matters such as child support, spousal support, or attorney's fees.

  • Be concise but thorough in the section that requests facts to support your declaration, adhering to the 10-page limit unless you have obtained permission from the court for a longer submission.

  • Sign and date the form under penalty of perjury, indicating that you have provided truthful and correct information.

Things You Shouldn't Do:

  • Do not leave sections blank that are applicable to your situation; incomplete forms can result in processing delays or the need to resubmit.

  • Avoid submitting outdated financial documents; ensure all financial declarations are current to reflect your most accurate financial situation.

  • Refrain from including irrelevant or excessive information that does not support your responsive declaration, to maintain clarity and focus on the main issues.

  • Do not exceed the 10-page limit for attaching supporting facts without court approval, as this can lead to your additional documentation being disregarded.

  • Never falsify information or documents submitted to the court. Providing false information can lead to legal consequences and adversely impact your case.

By following these guidelines, you can ensure your FL-320 form is completed accurately and effectively, aiding the court in understanding your position and assisting in the decision-making process.

Misconceptions

Understanding the FL-320 form, formally known as the Responsive Declaration to Request for Order, is crucial for individuals navigating family law matters in California. However, misconceptions about this form can mislead parties, affecting the outcomes of their cases. Here are eight common misconceptions clarified to ensure individuals are better informed:

  • It's only for responding to child custody and visitation requests. Although the FL-320 form is widely used for child custody and visitation disputes, it is also applicable for responding to requests regarding child support, spousal support, property control, and attorney’s fees and costs, among other issues. It's a versatile form meant to cover a broad range of family law matters.
  • Completion of this form automatically denies the requests made by the other party. Filling out the FL-320 does not mean an automatic refusal of the other party’s requests. The form allows the respondent to agree partially or entirely to these requests, propose alternative orders, or indicate disagreement. It is a tool for communication and clarification, not outright denial.
  • No supporting documents are needed with the FL-320 form. This is incorrect. Depending on what is being contested or agreed upon, the form might need to be accompanied by additional supporting documents like the Income and Expense Declaration (form FL-150), which is required when discussing spousal support, child support, and attorney’s fees.
  • Filing the FL-320 is the final step in responding to a Request for Order. Filing this form is a critical step, but it's not always the final one. The individual may need to prepare for a hearing or mediation, depending on the court’s process and orders. Preparing evidence and possibly seeking legal advice are steps that might follow the submission of FL-320.
  • The FL-320 can be used to initiate a request for order in family law matters. The FL-320 form is specifically designed for responding to a Request for Order, not initiating one. To make an initial request, one would need to complete and file a different set of forms, typically starting with the Request for Order (FL-300).
  • Every section of the FL-320 must be filled out for every case. Not every section of the form will be applicable to every situation. The respondent should only complete the parts relevant to the requests made by the petitioner. Unrelated sections can be left blank.
  • There is no limit to the length of the declaration. Despite the flexibility of the FL-320 to address multiple issues, there is a strict page limit for the declaration section. Facts supporting the responsive declaration cannot exceed 10 pages unless explicitly permitted by the court.
  • You do not need to specify whether there are restraining orders in effect. Contrary to this misconception, the FL-320 form requires the respondent to indicate whether any domestic violence restraining or protective orders are currently in effect between the parties. This information is crucial for the court's understanding of the case's context.

Clarifying these misconceptions helps parties involved in family law proceedings to better understand the purpose and requirements of the FL-320 form. Informed participants are more likely to effectively communicate their positions, leading to fairer and more accurate resolutions of their disputes.

Key takeaways

Understanding the FL-320 form is crucial for effectively responding to a Request for Order in California's family law courts. Here are key takeaways to guide individuals through this process:

  • Read the Information Sheet: Before filling out the FL-320 form, it is essential to thoroughly read the accompanying Information Sheet (FL-320-INFO). This document provides valuable insights and detailed information about how to properly complete and use the Responsive Declaration to Request for Order form.
  • Accurate Completion of Sections: The FL-320 form requires careful attention to detail and accuracy in providing your responses. Whether it concerns child custody, visitation, support, or any other orders being requested, it is important to clearly state your consent, partial consent, or non-consent to the orders requested, offering alternative propositions if applicable.
  • Financial Declarations: When addressing issues related to child support, spousal support, or attorney's fees and costs, you must complete and file the current Income and Expense Declaration (form FL-150) or, if eligible, the Financial Statement (Simplified) (FL-155). This financial documentation is crucial for the court to make informed decisions regarding support matters.
  • Detailing Facts and Attachments: Any facts supporting your responsive declaration should be clearly listed and attached as specified in section 10 of the form. Remember, the total length of the written facts and attachments should not exceed 10 pages unless the court grants permission for additional pages. This limitation underscores the importance of conciseness and relevance in your submissions.

The FL-320 form serves as a safeguard for individuals to express their positions and requests concerning family law matters. Properly completing and understanding the nuances of this form can significantly impact the outcome of the court's decision. It is always recommended to seek legal advice to navigate the complexities of family law proceedings effectively.

Please rate Blank Fl 320 PDF Template Form
4.57
Incredible
14 Votes