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The California FL-344 form plays a crucial role in family law proceedings, particularly in matters concerning property and financial responsibilities during divorce or separation. This form serves as a petition for property restraining orders, outlining specific orders the court may issue regarding the management of assets and liabilities. It ensures that neither party can transfer or conceal property without consent, thereby protecting the interests of both individuals involved. The FL-344 also mandates that any extraordinary expenses incurred by one party must be communicated to the other at least five business days in advance. This promotes transparency and accountability in financial matters. Additionally, the form restricts changes to insurance policies that benefit either party or their children, ensuring stability during a potentially tumultuous time. Payments on debts that arise while the order is in effect must also be clearly defined, specifying who is responsible for what. Importantly, these orders are temporary, pending a final judgment by the court, which will determine the long-term arrangements. Understanding the FL-344 is essential for anyone navigating the complexities of family law in California.

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FL-344

PETITIONER :

RESPONDENT:

CASE NUMBER:

PROPERTY ORDER ATTACHMENT

TO FINDINGS AND ORDER AFTER HEARING

THE COURT ORDERS

1.

2.

3.

Property restraining orders

 

 

 

 

 

 

a.

The

 

petitioner

 

 

respondent

 

 

claimant

is restrained from transferring, encumbering,

 

 

 

 

 

 

 

 

 

hypothecating, concealing, or in any way disposing of any property, real or personal, whether community,

 

quasi-community, or separate, except in the usual course of business or for the necessities of life.

 

 

 

 

 

 

 

 

respondent

 

b.

The

 

 

petitioner

 

 

 

must notify the other party of any proposed extraordinary expenses at least

 

five business days before incurring such expenses, and make an accounting of such to the court.

c.

The

 

 

petitioner

 

 

 

respondent

is restrained from cashing, borrowing against, cancelling, 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 or their minor child or children.

 

 

 

 

 

 

 

 

 

 

 

 

d.

The

 

 

petitioner

 

 

 

respondent

must not incur any debts or liabilities for which the other may be held

 

 

 

 

responsible, other than in the ordinary course of business or for the necessities of life.

Possession of property. The exclusive use, possession, and control of the following property that the parties own or are buying is given as specified:

Property

Given to

See Attachment 2.

Payment of debts. Payments on the following debts that come due while this order is in effect must be paid as follows:

Total debt

 

Amount of payments

 

Pay to

 

Paid by

 

 

 

$

 

$

 

 

 

 

 

 

 

 

 

 

 

$

 

$

 

 

 

 

 

 

 

 

 

 

 

$

 

$

 

 

 

 

 

 

 

 

 

 

 

$

 

$

 

 

 

 

 

 

 

 

 

 

 

See Attachment 3.

4.

These are temporary orders only. The court will make final orders at the time of judgment.

5.

Other (specify):

 

 

Page 1 of 1

Form Adopted for Mandatory Use

PROPERTY ORDER ATTACHMENT

Family Code, §§ 2045, 6324

Judicial Council of California

TO FINDINGS AND ORDER AFTER HEARING

www.courtinfo.ca.gov

FL-344 [Rev. January 1, 2007]

 

(Family Law)

Form Specifications

Fact Name Description
Purpose of Form The FL-344 form is used in California family law cases to outline property restraining orders and temporary orders regarding property and debt during divorce or separation proceedings.
Governing Laws This form is governed by California Family Code sections 2045 and 6324, which address property orders and temporary restraining orders in family law matters.
Property Restraints The form includes provisions that restrain parties from transferring or disposing of property, ensuring that assets remain intact during the legal process.
Notification Requirement The petitioner is required to notify the other party of any extraordinary expenses at least five business days before incurring such expenses, promoting transparency in financial matters.

California Fl 344: Usage Guidelines

Filling out the California FL-344 form is a crucial step in the legal process, particularly when it comes to property orders in family law cases. This form helps ensure that all parties understand their rights and responsibilities regarding property during ongoing proceedings. To complete this form accurately, follow the steps outlined below.

  1. Obtain the Form: Download the FL-344 form from the California courts website or visit your local courthouse to get a physical copy.
  2. Identify the Parties: At the top of the form, fill in the names of the petitioner and respondent. Include their respective case number, which can be found on any prior court documents.
  3. Property Restraining Orders: Carefully read through the restraining orders section. Indicate whether the petitioner or respondent is restrained from transferring or disposing of property by checking the appropriate boxes.
  4. Notify of Expenses: Note that the petitioner must notify the other party of any extraordinary expenses. Include this information in the provided space.
  5. Insurance and Coverage: Specify any restrictions regarding insurance policies. Indicate who is restrained from making changes to these policies.
  6. Debt and Liabilities: List any debts that may be incurred and specify who is responsible for payments. Provide details in the designated area.
  7. Property Possession: Clearly state which party has exclusive use and control of any property. Make sure to reference any additional attachments if necessary.
  8. Temporary Orders: Acknowledge that these orders are temporary. You may want to include a statement confirming that final orders will be made at the time of judgment.
  9. Other Specifications: If there are any additional orders or specifications, include them in the section marked “Other.”
  10. Review: Before submitting, double-check all entries for accuracy. Ensure that all required sections are completed and that you have signed the form.

Once the form is filled out, it is essential to file it with the court and serve a copy to the other party involved. This ensures that everyone is on the same page regarding the property orders in place. Timeliness in this process can significantly affect the outcome of your case.

Your Questions, Answered

What is the purpose of the California FL-344 form?

The California FL-344 form is used in family law cases to establish temporary property orders following a hearing. It outlines restrictions on how parties can manage their property, including any community or separate assets. This form ensures that both parties adhere to specific guidelines while awaiting a final judgment from the court.

Who fills out the FL-344 form?

The FL-344 form is typically filled out by the petitioner, who is the individual initiating the legal action. However, the respondent, or the other party involved, may also need to provide information if they are responding to the petition. It is important that both parties understand the contents of the form and how it may affect their rights and responsibilities.

What types of property are covered by the FL-344 form?

The form covers both real and personal property. This includes community property, which is jointly owned by both parties, as well as separate property, which belongs to one individual. The restrictions outlined in the form apply to all types of property, ensuring that neither party can dispose of or encumber assets without proper notice and approval.

What restrictions does the FL-344 impose on the parties involved?

The FL-344 imposes several key restrictions. For instance, it prevents either party from transferring, borrowing against, or otherwise disposing of property without consent. Additionally, it requires the petitioner to notify the other party of any extraordinary expenses at least five business days in advance. These measures are designed to protect the interests of both parties during the legal proceedings.

How are debts handled under the FL-344 form?

Debts that come due while the FL-344 order is in effect must be paid according to specific terms outlined in the form. The parties are required to maintain their financial responsibilities, and the form may specify who is responsible for making payments on certain debts. This helps to ensure that neither party incurs additional liabilities that could affect the other.

Are the orders issued by the FL-344 form permanent?

No, the orders issued through the FL-344 form are temporary. They are intended to remain in effect until the court issues final orders during the judgment phase of the case. It is crucial for both parties to understand that these temporary measures are subject to change based on the court's final decisions.

Where can I find more information about the FL-344 form?

Additional information about the FL-344 form can be found on the California courts' official website. Resources are available to help individuals understand the form's requirements, the legal process, and any related family law issues. It is advisable to consult with a legal professional for personalized guidance regarding specific situations.

Common mistakes

  1. Failing to provide complete information about the petitioner and respondent. Ensure that all names, addresses, and contact details are accurate and fully filled out.

  2. Not specifying the correct case number. Double-check the case number to avoid delays in processing your form.

  3. Omitting details regarding property orders. Clearly outline any property that is subject to the order, including who has possession and control.

  4. Neglecting to include an accounting of extraordinary expenses. The petitioner must notify the other party at least five business days in advance.

  5. Not adhering to the instructions for debt payments. Make sure to list all debts and the corresponding payment responsibilities clearly.

Documents used along the form

When dealing with the California FL-344 form, several other documents may be required to support your case. Each of these forms serves a specific purpose and can help clarify the details of your situation. Below is a list of commonly used forms that often accompany the FL-344.

  • FL-300: Request for Order - This form is used to ask the court for a specific order, such as temporary custody or support. It outlines what you are requesting and why.
  • FL-310: Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act - This document helps establish the jurisdiction of the court in child custody matters, ensuring that the court has authority to make decisions regarding the child.
  • FL-150: Income and Expense Declaration - This form provides the court with a detailed account of your financial situation. It includes your income, expenses, and any other financial obligations.
  • FL-341: Declaration for Default or Uncontested Dissolution - This is used when one party does not respond to the divorce petition. It helps move the case forward by allowing the court to make decisions without both parties present.
  • FL-320: Child Custody and Visitation Order - This form outlines the custody arrangements for children involved in the case. It specifies who the children will live with and visitation rights for the other parent.
  • FL-345: Property Order Attachment - This document details the property and debts that are subject to division during the divorce process. It is often attached to the FL-344 for clarity on property issues.
  • FL-335: Notice of Motion to Modify Child Support - If you need to change an existing child support order, this form allows you to formally request a modification and provides the necessary information to the court.

Understanding these forms can help streamline your legal process. Each document plays a vital role in ensuring that your case is presented clearly and effectively. Always consider consulting with a legal professional for guidance tailored to your specific situation.

Similar forms

The California FL-344 form, which deals with property orders in family law cases, shares similarities with several other legal documents. Each of these documents serves a specific purpose in the context of family law and property disputes. Below are six documents that are comparable to FL-344, along with explanations of their similarities:

  • FL-300: Request for Order - This form is used to request specific orders from the court, similar to how FL-344 requests property-related orders. Both documents outline the needs and conditions that the petitioner believes should be enforced.
  • FL-350: Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act - Like FL-344, this form addresses the custody and control of property, but specifically focuses on child custody. Both forms aim to protect the interests of involved parties, particularly children.
  • FL-341: Declaration for Default or Uncontested Dissolution - This document is used in uncontested divorce cases to outline agreements regarding property division. It shares the goal of FL-344 in ensuring clear communication and agreements about property ownership and responsibilities.
  • FL-200: Petition for Dissolution of Marriage - This is the initial form filed to start a divorce process, which often includes property division. Both FL-200 and FL-344 deal with the distribution and management of property during legal proceedings.
  • FL-310: Response to Request for Order - This form allows a respondent to reply to requests made in FL-300 or similar documents. Like FL-344, it is concerned with the enforcement of property rights and obligations between parties.
  • FL-341(C): Stipulation and Waiver of Final Declaration of Disclosure - This document is used when parties agree to waive certain disclosures about their financial situation. Similar to FL-344, it emphasizes transparency and agreement regarding property matters in family law.

Understanding these documents and their similarities to FL-344 is crucial for anyone navigating the complexities of family law in California. Each form plays a vital role in ensuring fair treatment and protection of rights during legal proceedings.

Dos and Don'ts

When filling out the California FL-344 form, attention to detail is crucial. Here’s a list of things to keep in mind to ensure a smooth process.

  • Do read the entire form carefully before starting to fill it out.
  • Do ensure that all names and case numbers are accurate and match court records.
  • Do provide clear and concise information regarding property and debts.
  • Do specify any extraordinary expenses and notify the other party as required.
  • Do keep a copy of the completed form for your records.
  • Don't leave any sections blank unless instructed; incomplete forms may be rejected.
  • Don't use legal jargon or complicated language; clarity is key.
  • Don't forget to sign and date the form before submitting it.
  • Don't submit the form without double-checking for any errors or omissions.
  • Don't ignore deadlines; timely submission is essential to avoid complications.

By following these guidelines, you can navigate the process of completing the FL-344 form with greater confidence and accuracy. Each step plays a vital role in ensuring that your intentions are clearly communicated to the court.

Misconceptions

Understanding the California FL 344 form is essential for those involved in family law matters. However, several misconceptions can lead to confusion. Here are six common misconceptions about this form:

  • The FL 344 form is only for divorce cases. This form is not limited to divorce proceedings. It can also be used in legal separations and other family law matters where property orders are necessary.
  • Once the FL 344 form is filed, it cannot be changed. While the form establishes temporary orders, these orders can be modified by the court if circumstances change. Parties can request adjustments as needed.
  • The orders in the FL 344 form are permanent. The orders outlined in this form are temporary. Final decisions regarding property and debts will be made during the final judgment in the case.
  • Only the petitioner can request changes to the FL 344 orders. Both parties have the right to request modifications or to challenge the orders set forth in the FL 344 form. Communication and cooperation can lead to fair resolutions.
  • The FL 344 form does not require any supporting documentation. While the form itself is essential, it often requires attachments that provide additional details about property and debts. Supporting documents are crucial for clarity.
  • Filing the FL 344 form guarantees immediate relief. Although the form can provide temporary orders, immediate relief is not guaranteed. The court will review the circumstances and make determinations based on the case's specifics.

Being aware of these misconceptions can help individuals navigate their family law cases more effectively. Understanding the purpose and limitations of the FL 344 form is crucial for all parties involved.

Key takeaways

Here are some key takeaways about filling out and using the California FL-344 form:

  • The FL-344 form is used in family law cases to request temporary property orders.
  • It includes sections for both the petitioner and respondent, so ensure both parties are clearly identified.
  • Property restraining orders prevent either party from disposing of property without consent.
  • Notification of extraordinary expenses must be given at least five business days in advance.
  • Neither party can change insurance beneficiaries or cash in policies without permission.
  • Debts incurred must be within the ordinary course of business or for necessities.
  • Specific property possession rights can be outlined in the form.
  • Payments on debts must be clearly detailed, including amounts and who is responsible.
  • These orders are temporary and will be finalized at the time of judgment.
  • Attachments may be necessary for additional details, so include them as needed.