halle berry divorce docs

6
ATTORNEY OR PARTY WITHOUT ATTORNEY Name, State Bar number. and add18SS): Stephen A. Kolodny 38026) KOLODNY LAW GROUP FL-100 FOR COURT USE ONLY CONFORMED COpy ORIGINAL FILED . TELEPHONE NO.: 3 FAX NO.: E-MAIL ADDRESS: Superior Court of California County of Los Angeles ATTORNEY FOR Mrme): Petitioner Hal Maria OGT l ZOt5 SUPERIOR COURT OF CAUFORNIA, COUNTY OF Los Angeles STREET ADDRESS: 111 North ill Street MAIUNGAOORESS: 111 North ill Street CITY AND ZlP CODE: Los CA 90012 Sherri R Carter, Executive Officer/C erk By Irma Labry, Deputy BRANCH NAME: Central PET1TIONER: Hal Maria R E S P O N D E N ~ Oliver Martin PETITION FOR 00 Dissolution (Divorce) of: [XJ Marriage C I Marriage C I Marriage DAMENDED D Domestic Partnership D Domestic Partnership D Domestic Partnership C S E N U M B E ~ 8D629585 D Legal Separation of: D Nullity of: 1. LEGAL RELATIONSHIP check all that apply): a. IJ[] We are married. b. D We are domestic partners and ou r domestic partnership was established in California. c. 0 We are domesti c partne rs and our domestic partnership was NOT established in California. 2. RESIDENCE REQUIREMENTS check al/ that apply): a. JD Petitioner D Respondent 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.) b. 0 We are the same sex and were married in California but are not residents of California. Neither of us lives in a state or nation that will dissolve the marriage. This case is filed in the county in which we married. Petitioner s residence state or nation): Respondenfs residence state or natio n): c. 0 Our domestic partnership w as established in California. Neither of us has to be a resident or have a domicile in California to dissolve our partnership here. 3. STATISTICAL FACTS a. JD (1) Date of marriage specify): July 13, 2013 (2) Date of separation specify): October 26, 2015 (3) Time from date of marriage to date of separation specify): 2 Years 3 Months b. D (1) Registration date· of domestic partnership with the California Secretary of State or other state equivalent specify be/ow): (2) Date of separation specify): (3) Time from date of registration of domest ic partnership to date of separation specify): 0 YearsO 4 MINOR CHILDREN children born before or born r adopted during) the marriage or domestic partnership): a. 0 There are no minor children. b. IJ[] The minor children are: Child s name Birthdate Age Sex Mac Martin 09/05/2013 2 M (1) 0 continued on Attachment 4b. (2) C J a child who is not yet born. Months c. If there are minor children of Petitioner and Respondent, a completed Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act UCCJEA) (form FL-105) must be attach ed. d. Cl Petitioner and Respondent sign ed a voluntary declaration of paternity. A copy C I is C I s not attached. Fonn Adopted tor Mandatory Use Judicial Council of California FL-1oo [Rev January 1, 2015) Pago1 of 3 PETITION-MARRIAGE/ DOMESTIC PART NERS HIP Farrily Code, §§297 299 2320 2330 3409; (Family Law) S o ~ s www.courtS.C8.gov ~ l u s

Upload: liz

Post on 11-Feb-2018

220 views

Category:

Documents


0 download

TRANSCRIPT

Page 1: Halle Berry Divorce Docs

7/23/2019 Halle Berry Divorce Docs

http://slidepdf.com/reader/full/halle-berry-divorce-docs 1/6

ATTORNEY OR PARTY WITHOUT ATTORNEY

Name,

State

Bar

number. and add18SS):

Stephen A. Kolodny 38026)

KOLODNY LAW GROUP

FL-100

FOR COURT USE

ONLY

CONFORMED COpy

ORIGINAL FILED

.

TELEPHONE

NO.:

3

FAX NO.:

E-MAIL

ADDRESS:

Superior Court

of

California

County

of Los

Angeles

ATTORNEY FOR Mrme):

P e t i t i o n e r

Hal

Ma r i a

OGT l ZOt5

SUPERIOR

COURT OF CAUFORNIA,

COUNTY OF

Los Angeles

STREET ADDRESS:

111

Nor th

ill

S t r e e t

MAIUNGAOORESS: 111

Nor th

ill S t r e e t

CITY

AND ZlP CODE:

Los

Angeles

CA

90012

Sherri

R Carter,

Executive

Officer/C erk

By Irma Labry, Deputy

BRANCH NAME:

Cent ra l

PET1TIONER: Hal Mar ia

R E S P O N D E N ~ O l i v e r M a r t i n

PETITION FOR

00

Dissolution (Divorce) of:

[XJ Marriage

C I

Marriage

C I

Marriage

DAMENDED

D Domestic Partnership

D Domestic Partnership

D

Domestic Partnership

C S E N U M B E ~

8D629585

D Legal Separation of:

D Nullity of:

1.

LEGAL

RELATIONSHIP

check all that apply):

a. IJ[] We are married.

b. D

We

are domestic partners and our domestic partnership was established in California.

c. 0 We are domestic partners and our domestic partnership was NOT established in California.

2.

RESIDENCE REQUIREMENTS check al/ that apply):

a. JD Petitioner D Respondent 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.)

b. 0 We are the same sex and were married in California but are not residents of California. Neither of us lives in a state

or

nation that will dissolve the marriage. This case is filed

in

the county

in

which we married.

Petitioner s residence state

or nation):

Respondenfs residence

state or nation):

c.

0

Our domestic partnership was established in California. Neither of us has to be a resident or have a domicile in California

to dissolve our partnership here.

3. STATISTICAL FACTS

a.

JD (1) Date of marriage specify): J u l y 13, 2013 (2) Date of separation

specify):

October 26, 2015

(3) Time from date

of

marriage to date of separation specify): 2 Years 3 Months

b. D

(1)

Registration date· of domestic partnership with the California Secretary of State or other state equivalent

specify

be/ow):

(2) Date of separation

specify):

(3) Time from date

of

registration of domestic partnership to date

of

separation

specify):

0 YearsO

4

MINOR CHILDREN

children

born before or born r adopted

during) the

marriage or domestic partnership):

a. 0 There are no minor children.

b. IJ[] The minor children are:

Child s name Birthdate Age Sex

Mac M a r t i n

09 /05 /2013

2 M

(1)

0

continued on Attachment 4b.

(2)

CJ

a child who is not yet born.

Months

c.

If there are minor children

of

Petitioner and Respondent, a completed

Declaration Under

Uniform

Child Custody Jurisdiction

and Enforcement Act UCCJEA)

(form

FL-105)

must be attached.

d. C l

Petitioner and Respondent signed a voluntary declaration of paternity. A copy

CI

is C I s not attached.

tor

Mandatory Use

Judicial Council of California

FL-1oo [Rev

January 1, 2015)

Pago1 of 3

PETITION-MARRIAGE/DOMESTIC PARTNERSHIP Farrily Code, §§297

299 2320 2330 3409;

(Family Law) S o ~ s

www.courtS.C8.gov

~ l u s

Page 2: Halle Berry Divorce Docs

7/23/2019 Halle Berry Divorce Docs

http://slidepdf.com/reader/full/halle-berry-divorce-docs 2/6

PETITIONER: Hal

Mar ia

R E S P O N E N ~ O l i v e r

Mar t in

CASE NUMBER:

Petitioner q u ~ s t s that the court make the following orders:

5.

LEGAL GROUNDS (Family Code sections 2200-2210,2310-2312)

a.

IJ[]

Divorce or D Legal separation of the marriage or domestic partnership based

on

check

one):

1)

IJ[]

irreconcilable differences. 2)

0

permanent legal incapacity to make decisions.

b. D Nullity of void marriage or domestic partnership based on:

1) D

incest (2) bigamy.

c. D Nullity of voidable marriage or domestic partnership based

on:

1) 0

petitioners age at time of registration

of

domestic (4)

D

fraud.

partnership or marriage.

2) D prior existing marriage or domestic partnership. (5)

c=J

force.

(3) D unsound mind. 6) D physical incapacity.

6. CHILD CUSTODY AND VISITATION (PARENTING TIME)

PetHloner Respondent Joint Other

FL-100

a.

Legal custody of children to ..

. ~ ~ m 9 . Q ~ ~ . 9 r . J ~ w . t . ~ . i . ~ . t Q . ~ ~ : : : . . . . . . .

IJD

b.

Physical custody of children

t o . 1 ? ~ t i t i 9 n ~ r J ~ r . ~ 9 . i m , . ~ j ~ . . i n . ~ ~ ~ t w . . . . . [][J CJ

DO

D interest of he Child

[][J D .. interest of he Child

c.

Child visitation (parenting time) be granted to ..........................

D [][]

D

As requested

in:

DO

form FL-311

D

form

FL-312

D

form FL-341 ee

D form

FL-341 D)

D form

FL-341

eEl

CJ

Attachment 6c(1)

d. D Determine the parentage of children born to Petitioner and Respondent before the marriage or domestic partnership.

7.

CHILD SUPPORT

a. If there are minor children born to or adopted by Petitioner

and

Respondent before or during this marriage or domestic

partnership, the court

will

make orders for the support of the children upon request and submission of financial forms by the

requesting party.

b.

An

earnings assignment may be issued without further notice.

c. Any party required to pay support must pay interest on overdue amounts at the legal rate, which is currently 10 percent

d. [][J Other specify): Each p a r t y to e q u a l l y share t he cos t o f r a i s i n g t h e i r

Chi l d .

8.

SPOUSAL

OR

DOMESTIC PARTNER SUPPORT

a. D Spousal or domestic partner support payable to D Petitioner D Respondent

b.

IJ[]

Terminate (end) the court's ability

to

award support to

[ ] [ ]

Petitioner

IJ[]

Respondent

c.

0

Reserve for future determination the issue of support payable to

0

Petitioner

D

Respondent

d.

DO

Other specify): No spousal suppor t be awarded to e i t h e r

par t y ,

as per

terms

o f Prenup t i a l Agreement.

9. SEPARATE PROPERTY

a. [=:J

There are

no

such assets or debts that

I

know of to be confirmed by the court

.

b.

DO

Confirm as separate property the assets and debts

in

D

Property Declaration

(form FL-160)

0

Attachment 9b

[][J the following list. Item Confirm to

Pursuant to Prenup t ia l

Agreement ll

Pe t i tioner · s

earn ings and

assets

a re

her

separate

proper ty .

FL-100 Rev. Jarmry 1.2015)

PETITION-MARRIAGE/DOMESTIC PARTNERSHIP

(Family Law)

Page 2 U

Page 3: Halle Berry Divorce Docs

7/23/2019 Halle Berry Divorce Docs

http://slidepdf.com/reader/full/halle-berry-divorce-docs 3/6

PETITIONER: Hal Maria

RESPONDENT:

Oliver Martin

10.

COMMUNITY AND QUASI-COMMUNITY PROPERTY

a.

0 There are no such

assets or debts that I

know

of to

be

divided.

by the

court.

CASE NUMBER:

b.

[ ]D

Determine

rights

to

community

and

quasi-community

assets

and

debts.

All

such

assets

and

debts

are

listed

o

in Property eclaration form FL-16Q) 0 in Attachment 10b.

[ ]D as

follows

specify):

Pursuant to Prenuptial Agreement

there

s no community or

quasi-

community property.

11.

OTHER REQUESTS

a.

0

Attorney s fees

and costs

p.ayable by

0

Petitioner

D

Respondent

b. 0 Petitioner s former name

be

restored to specify):

c.

] [ ]

Other specify):

Each

party to pay his /her

own at torney

fees

and costs .

o Continued or Attachment 11 c.

FL-100

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 ~ u r y under the

laws

of

the State

of California that

the

foregoing

is

true

and

correct

Date: 10/26/2015

Hal Maria

SEE Tr QEDSIGN TURE

TYPE OR PRINT

NAME)

Date:

10/26/2015

Stephen A Kolodny

TYPE OR PRINT

NAME)

NonCE: You may redact (black out) social security numbers

from any

written material filed with the court

in

this case other than a

form

used

to collect child, spousal or partner support.

NonCE--cANCELLA

TION

OF RIGHTS: Dissolution or legal separation may automatically cancel the rights of a domestic partner

or

spouse under the other domestic partner s or spouse s will, trust, retirement plan, power of attorney, pay-on-death

bank

account.

survivorship rights to

any

property owned

in

joint tenancy, and

any

other similar

thing.

It does not automatically cancel the right of a

domestic partner or spouse as benefiCiary of the other partner s or spouse s life insurance policy.

You

should review these matterS,

as well as any credit cards, other credit accounts, insurance polices, retirement plans, and credit reports, to determine whether they

should be changed or whether

you

should take any other actions. Some changes may require the agreement of your partner or

spouse

or a court

order.

FL·100 Rev. January 1.2015

PETITION-MARRIAGE/DOMESTIC PARTNERSHIP

(Family Law)

Page of

Page 4: Halle Berry Divorce Docs

7/23/2019 Halle Berry Divorce Docs

http://slidepdf.com/reader/full/halle-berry-divorce-docs 4/6

PETITIONER: Hal Maria

R E S P O N E N ~ O l i v e r Martin

10. COMMUNITY AND QUASI-COMMUNITY PROPERTY

a.

D

There

.are

no such assets

or

debts that

I

know

of

to be divided by the

court

CASE NUMBER:

b ] [ ] Determine rights to community and quasi-community assets and debts. All such assets

and

debts are listed

D in Property Declaration

(form

Fl-160 D In

Attachment

10b.

[J[]

as follows specify):

Pursuant to Prenuptial Agreement there

s

no community or quasi-

community property.

11. OTHER

REQUESTS

a. 0 Attorney s fees and

costs

payable by D

Petitioner

D

Respondent

b. D

Petitioner s former

name be

restored

to specify):

c

c J

O ~ e r ~ p e ~ f y : Each

party

to pay his/her own attorney fees

and

costs.

,

o Continued. on Attachment

11

c.

12.

I

HAVE READ THE RESTRAINING·ORDERS

ON

THE

BACK

OF THE

S

TO ME WHEN THIS PETITION

IS

FILED.

I

declare

under penalty of perjury under

the laws

of

the State

of

California

that

Date: 10/26/2015

Hal

Maria

Date: 10/26/2015

(TYPE OR

PRINT NAME)

Stephen

A.

Kolodny

(TYPE

OR

PRINT NAME)

NonCE: You may

redact

(black out) social security

numbers

from any

written material

filed with

the

court in

this

case other than

form used to

collect

child. spousal

or partner support

F -100

NOTICE CANCELLA

TION OF RIGHTS: Dissolution or legal

separation

may

automatically cancel the rights of a domestic

partn

r

or spouse under the other domestic partner s or spouse s will. trust.

retirement

plan,

power

of

attomey,

pay-on-death.

bank

accou t.

survivorship rights to

any

property

owned in jOint tenancy, and any

other

sfmllar

thing. It

.does

not automatically

cancel the

right of

domestic

partner or spouse as beneficiary of

the

other partner s or spouse·s life

insurance

policy. You

should

review these matte •

as well as any credit cards. other credit accounts,

Insurance

polices, retirement plans,

and

credit reports, to detennine whether th y

should

be

changed

or whether you should

take any

other

actions.

Some changes may

require the agreement

of your partner or

spouse or a court

order.

FL·100 ROY. JanuDl) 1 20151

PETITION-MARRIAGEIDOMESTIC PARTNERSHIP

(Family Law)

Paoe

013

Page 5: Halle Berry Divorce Docs

7/23/2019 Halle Berry Divorce Docs

http://slidepdf.com/reader/full/halle-berry-divorce-docs 5/6

_ PETITIONER/PLAINTIFF:

Hal

Maria

CASE NUMBER:

RESPONDENTIDEFENDANT:

Oliver Mart in

CHILD CUSTODY AND VISITATION APPLICATION ATTACHMENT

TO

OD

Petition, Response, Application for Order

or

Responsive Declaration

D

Other (specify):

o To be ordered now and effective unti l the hearing

1.

i] Custody. Custody of the minor children of the parties is requested as follows:

Child s name Date of Birth

Legal

CustodY

to PhYsical Custody to

FL-311

(person

who

makes decisions about (person with whom the child lives)

health. education. etc.)

Mac

Martin

9/5/2015

Pet i t ioner

or

Joint Pet i t ioner or Joint

as i s in the best in te res t

of

the chi ld

2. IJO Visitation.

a. [X

Reasonable right of visitation to the party without physical custody

not appropriate in cases involving domestic

violence)

b. D

See the

attached -page document dated (specify date):

c. D The parties will go to mediation at (specify location):

d.

D No visitation

e. [X

¥ M R J ¥ ~ uu petitioner [X respondent

~ I D m t x

Shal l share

the custody

jo in t ly

as i s

in

the bes t

i n t e r e s t

1) D Weekends starting

(date):

o f

the

ch i ld

The first weekend o he month is the f irst weekend with a Saturday.)

D 1st CJ 2nd CJ 3rd CJ 4th D 5th

weekend

of the month

from at D a.m. D p.m.

(day o week) (ti" e)

to

at

C I a.m. D

p.m.

(day

o

week) (time)

(a) D

The

parents will alternate the fifth

weekends,

with the C I petitioner D respondent

having the initial fifth weekend,

which

starts

(date):

b)

D The petitioner will

have

fifth

weekends

in D o d d C I even months.

(2)

D

Alternate weekends starting

(date):

The

D

petitioner

D

respondent

will

have the children

with

him or her during the

period

from at D a.m. D p.m.

(day

o

week) (time)

to

.;..

at

D a.m.

D p m

(day

o

week) (time)

3)

0

Weekdays starting

(date):

The D petitioner D respondent will have the children with him or her during the period

from at D

a.m.

D

p.m.

(day of week) (time)

to

at

D

a.m.

D p m

(day of week) (time)

(4) D Other

(specify days and times

as

well

as

any additional restrictions):

D

See

Attachment

2e(4).

Fonn

Approved

tor Optional

Use

Juddal Council

of

California

FL-311 [Rev. July 1, 2005)

Page

1 of 2

CHILD CUSTODY AND VISITATION APPLICATION ATTACHMENT Le.Qal FamiIyCode.§6200etseq.

Sofut[Qi1s-

( .lJJus

Page 6: Halle Berry Divorce Docs

7/23/2019 Halle Berry Divorce Docs

http://slidepdf.com/reader/full/halle-berry-divorce-docs 6/6

;

PETITIONER: Hal Maria

RESPONDENT: Oliver

Martin

3. 0 Supervised visitation.

CASE

NUMBER:

I request that name): have supervised visitation with the minor children according to the

schedule set out on page 1 and that the visits be supervised by name):

who is a

D

professional

D

nonprofessional supervisor. The supervisor s phone number is

specify):

I request that the costs for supervision be paid as follows: petitioner: percent; respondent

percent

If item 3

is

checked, you

must

attach a declaration that shows why unsupervised visitation

would

be

bad

for

your

children. The judge

is

required to consider supervised visitation if one parent

is

alleging domestic violence and Is

protected

by a restraining order.

4. XJ

Transportation for

visitation

and place

of

exchange

a.

[][I Transportation to the visits will be provided

by

name): Respondent

b.

[XJ

Transportation

from

the visits will be provided by

name):

Respondent

c. W Drop-off

of

the children will be

at

address): Pe t i t io n e r s

residence

d. [XJ Pick-up of the children will be at address): Pe t i t i o n e r s

residence

e. [XJ The children will be driven only by a licensed and insured driver. The car or truck must have legal child restraint

devices.

f.

c=J

During the exchanges, the parent driving the children will wait in the car and the other parent will wait in his or her

.home while the children go between the car and the home.

g.

0 Other

specify):

5. Travel

with children.

The

CI

petitioner [X] respondent

D

other name):

must have written permission from the other parent

or

a court order to take the children out of

a.

[XJ

the state of California.

b. D the following counties specify):

c. D other places specify):

6.

0 Child abduction prevention. There is a risk that one of the parents will take the children out

of

California without the other

parentis permission. I request the orders set out on attached form FL-312.

7.

[XJ

Children s

holiday

schedule. I request the holiday and visitation schedule

B b D I H b I _ : b B I _ U l b e a b q g ~ I f I X l _ K K N Q

To be

shared as in the best i n t e res t of

the chi ld .

S D Additional custody provisions. I request the additional orders regarding custody set out on the attached

D form FL-341 (0)

CJ

other specify):

9. D

Joint

legal custody provisions. I request joint legal custody and want the additional orders set out

on

the attached

D form FL-341(E)

CJ

other specify):

10

0

Other. I request the following additional orders specify):

F l ~ Rev. July 1 2005]

CHILD CUSTODY AND VISITATION APPLICATION ATTACHMENT

PageZof2