SUMMONS (Family Law)
Case Number: SWD 1800191
Superior Court of California
County of Riverside
Notice to Respondent:
Richard J. Smith
You have been sued. Read the information below and on the next page.
Petitioners name is:
Kristina K. Smith
You have 30 calendar days after this Summons and Petition are served on you to file a Response (form FL-120) at the court and have a copy served on the petitioner. A letter, phone call, or court appearance will not protect you.
If you do not file your Response on time, the court may make orders affecting your marriage or domestic partnership, your property, and custody of your children. You may be ordered to pay support and attorney fees and costs.
For legal advise, contact a lawyer immediately. Get help finding a lawyer at the California courts Online Self-Help Center (www.courts.ca.gov/selfhelp), at the California Legal Services website (www.lawhelpca.org), or by contacting your local county bar association.
NOTICE-RESTRAINING ORDERS ARE ON PAGE 2:
These restraining orders are effective against both spouses or domestic partners until the petition is dismissed, a judgment is entered, or the court makes further orders. They are enforceable anywhere in California by any law enforcement officer who has received or seen a copy of them.
If you cannot pay the filling fee, ask the clerk for a fee waiver form. The court may order you to pay back all or part of the fees and costs that the court waived for you or the other party.
The name and address of the court are: Superior Court of California, 880 N. State St., Hemet, CA 92543.
The name, address, and telephone of the petitioner's attorney, or the petitioner without an attorney, are: Kristina K. Smith, 40379 Via Marisa, Murrieta, CA 92562, 951-258-8746.
Date: Jan. 24, 2018
Clerk, by C. Levingston, Deputy
STANDARD FAMILY LAW RESTRAINING ORDERS
Starting immediately, you and your spouse or domestic partner are restrained from:
1. removing the minor children of the parties from the state or applying for a new or replacement passport for those minor children without the prior written consent of the other party or an order of the court.
2. casing, borrowing against, canceling, transferring, disposing of, or changing the beneficiaries of any insurance or other coverage, including life, health, automobile, and disability, held for the benefit of the parties and their minor children;
3. transferring, encumbering, hypothecating, concealing, or in any way disposing of any property, real or personal, whether community, quasi-community, or separate, without the written consent of the other party or an order of the court, except in the usual course of business or for the necessities of life; and
4. creating a nonprobate transfer or modifying a nonprobate transfer in a manner that affects the disposition of property subject to the transfer, without the written consent of the other party or an order of the court. Before revocation of a nonprobate transfer can take effect or a right of survivorship to property can be eliminated, notice of the change must be filed and served on the other party.
You must notify each other of any proposed extraordinary expenditures at least five business days prior to incurring these extraordinary expenditures and account to the court for all extraordinary expenditures made after these restraining orders are effective. However, you may use community property, quasi-community property, or your own separate property to pay an attorney to help you or to pay court costs.
NOTICE - ACCESS TO AFFORDABLE HEALTH:
Do you or someone in your household need affordable health insurance? If so, you should apple for Covered California. Covered California can help reduce the cost you pay towards high quality affordable health care. For more information, visit www.coveredca.com. Or call Covered California at 1-800-300-1506.
California law provides that, for purposes of division of property upon dissolution of a marriage or domestic partnership in joint form is presumed to community property. if either party to this action should die before the jointly held community property is divided, the language in the deed that characterizes how title is held (i.e., joint tenancy, tenants in common, or community property) will be controlling, and not the community property presumption. You should consult your attorney if you want the community property presumption to be written into the recorded title to the property.
PETITION FOR DISSOLUTION (DIVORCE) OF: MARRIAGE
1. LEGAL RELATIONSHIP
a. We are married
2. RESIDENCE REQUIREMENTS
a. Petitioner has been a resident of this state for at least six months and of this county for at least three months immediately preceding the filing of this petition (for a divorce) at least one person in the legal relationship described in items 1a and 1c must comply with this requirement.)
3. STATISTICAL FACTS
a. (1) Date of marriage (specify): 11-2-01 (2) Date of separation (specify): 8-1-03
(3) Time from date of marriage to date of separation (specify): 1 years 8 months
4. MINOR CHILDREN
a. There are no minor children
Petitioner requests that the court make the following orders:
5. LEGAL GROUNDS (Family Code sections 2200-2210, 2310-2312)
(1) irreconcilable differences
8. SPOUSAL OR DOMESTIC PARTNER SUPPORT
b. Terminate (end) the court's ability to award support to Petitioner Respondent
9. SEPARATE PROPERTY
a. There are no such assets or debts that I know of to be confirmed by the court.
10. COMMUNITY AND QUASI-COMMUNITY PROPERTY
a. There are no such assets or debts that I know of to be divided by the court.
12. I HAVE READ THE RESTRAINING ORDERS ON THE BACK OF THE SUMMONS AND I UNDERSTAND THAT THEY APPLY TO ME WHEN THIS PETITION IS FILED.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
KRISTINA K SMITH
April 13, 20, 27, May 4 604383