Do I need to file FL-105 if I’m pregnant and currently going through a family law case in California, even though I don’t have any minor children yet? I’m looking to dissolve my domestic partnership and noticed that the CA Secretary of State form suggests I need to petition the court if I’m pregnant. While reviewing the FL-103 form, I’m unsure if I also need to complete the FL-105 form, which is for cases involving minor children. Any advice would be appreciated, thank you.
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I’m not an expert, but it seems that Form FL-105 is specifically for child custody issues, which can’t be addressed until after the child is born. You can start the dissolution process now using Form FL-103, but because you’re pregnant, the dissolution won’t be finalized until after the baby arrives. This is generally true in most states, including California, and likely applies to dissolving a domestic partnership as well.
Since there’s a 6-month waiting period, the timing of your birth might not delay the finalization. You’ll likely file Form FL-103 (checking box 3a for “there are no minor children”), inform the court of your pregnancy, and the judge will note that the dissolution can’t be finalized until after the birth. After your baby is born, you’ll update the paperwork, possibly re-submit FL-103, and also complete FL-105.
Starting the process now can help begin the waiting period, but you could also wait until after the birth to file. This would mean a full 6-month wait but could simplify the process. It’s advisable to consult with a California family law attorney to ensure you handle everything correctly. Often, legal costs rise when parties disagree, so if you and your partner have conflicts over terms, filing paperwork alone might not resolve things effectively.
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Yes, if you’re pregnant and involved in a family law case in California, you should file FL-105 (Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act) to provide information about the child’s expected birth and custody matters.