court_form | California
FL-915 - Order and Notices to Minor on Request to Marry or Establish a Domestic Partnership
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Order and Notices to Minor on Request to Marry or Establish a Domestic Partnership
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Form ID: FL-915 Title: Order and Notices to Minor on Request to Marry or Establish a Domestic Partnership Effective Date: 2020-01-01 Mandatory Form: yes Info Page: https://selfhelp.courts.ca.gov/jcc-form/FL-915 Primary Download URL: https://www.courts.ca.gov/documents/fl915.pdf Form Detail Page: Order and Notices to Minor on Request to Marry or Establish a Domestic Partnership (FL-915) States the court's decision (an order) on the minor's request to marry or register a domestic partnership. Includes information about what the court considered, the court's findings, a hearing, if any, and provides notices to the minor that are required by law. Get form FL-915 Effective: January 1, 2020 PDF Text: Clerk stamps date here when form is filed. Fill in court name and street address: Superior Court of California, County of Court fills in case number when form is filed. Case Number: 1 2 5 This is a Court Order. Minor's Proposed Spouse or Domestic Partner Order and Notices to Minor on Request to Marry or Establish a Domestic Partnership FL-915 Findings. The court makes the following findings: Order and Notices to Minor on Request to Marry or Establish a Domestic Partnership FL-915, Page 1 of 5 Name: Firm Name: Address: Telephone number: State: Zip: E-Mail Address: City: Minor Requesting Court Order Name: Date of birth: Address: Telephone number: State: Zip:City: Male Female NonbinaryGender: Date of birth: 3 Lawyer's Information (If parties have a lawyer): Name: Address: Telephone number: 4 Review. The court has considered: establish a domestic partnershipmarryThe request of minor to d. c. a. (specify): The ability of the parties to pay for counseling.e. Otherf. 6 or establish a domestic partnership at this time. The matter is scheduled for a hearing on Time: Dept./Rm. or Address: Date:è Hearing Date a.m. p.m. Gender: Not provided Not providedNonbinaryFemaleMale b. b. The minor in does not have a parent, a parent capable of consenting, or a legal guardian.1 2 a. is no evidence of force, threat, persuasion, fraud, coercion, or duress on the minoris relating to the intended marriage or domestic partnership. There Hearing Required The court is considering whether it is in the best interest of the person or persons under 18 years of age to marry c. This couple the ability to pay for premarital or prepartnership counseling.does not havehas The court's own separate and private interview of the parties. The written report submitted to the court by Family Court Services. 4c and 4d do not apply if the minor is 17 years of age and has achieved a high school diploma or a high school equivalency certificate. (specify):Otherd. Judicial Council of California, www.courts.ca.gov Revised January 1, 2020, Mandatory Form Family Code, §§ 297, 297.1, 302–304 The written consent from each minor's parent with legal authority or legal guardian. State Bar No.: This is a Court Order. FL-915, Page 2 of 5 b. a. This couple may get married if they meet all other requirements to get a marriage license. This couple may establish a domestic partnership if they meet all other requirements to file a Declaration for c. After considering the ability of the couple to pay for counseling, the court orders that this couple must go to Domestic Partnership with the Secretary of State. counseling to learn about the social, economic, and personal responsibilities of being in a marriage or domestic partnership. d. This couple may not get married or establish a domestic partnership at this time. Other (specify):e. Date: Judicial Officer Case Number: 7 The court makes the following orders: This couple must show a certificate of completion of counseling before permission is granted. 1 What to do with this order. File it with the court. This order must be filed with the clerk of the court where your case is filed. Get certified copies. Make copies of the signed order and ask the clerk of the court where your case is filed to certify the copies. 2 For marriages, present a certified copy of the order to the county clerk at the time you apply for the marriage license. For domestic partnerships, present the certified copy of the order to the Secretary of State (with the Declaration of Domestic Partnership) at the time the domestic partnership is registered. Apply for the license to marry or register a domestic partnership. 3 4 Keep copies. Keep copies of the order and other documents for your records. Is there a waiting period before we can request a marriage license or file a declaration of domestic partnership? YES The parties MUST wait 30 days from the date the court made the order granting permission to marry or establish a domestic partnership before filing a marriage license or filing a declaration of domestic partnership. NO There is NO waiting period if a minor in the relationship is: 17 years of age and has a high school diploma or a high school equivalency certificate. OR 16 or 17 years of age and is pregnant or whose prospective spouse or domestic partner is pregnant. 8 (specify):Other Order and Notices to Minor on Request to Marry or Establish a Domestic Partnership Revised January 1, 2020 Notices to Minor FL-915, Page 3 of 5 This notice gives you only basic information and is not legal advice. If you want legal advice, ask a lawyer for help. You may: Contact the family law facilitator or self-help center in your court for information, court forms, and referrals to local legal resources. For more information, see courts.ca.gov/courtresources. Where to get help Find information at your local law library or public library. Find free and low-cost legal help (if you qualify) at www.lawhelpcalifornia.org . Hire a private mediator. For more information about court and private services, see www.courts.ca.gov/ selfhelp-adr.htm. Find information on the California Courts Online Self-Help Center website: www.courts.ca.gov/selfhelp. Find a lawyer through a certified lawyer referral service on the State Bar of California's website: www.calbar. ca.gov/LRS or by calling 866-442-2529 (toll-free). 1 National Sexual Assault Hotline Anyone affected by sexual assault, whether it happened to you or someone you care about, can find support by contacting the National Sexual Assault Hotline at: 1-800-656.HOPE (4673). You can also visit to receive online support by confidential online chat. National Domestic Violence Hotline For a referral to a local domestic violence or legal assistance program, call the National Domestic Violence Hotline at: 1-800-799-7233 (TDD: 1-800-787-3224). It's free and private. Help is available in over 100 languages. What it means to be an emancipated minor 2 If you are under the age of 18 years and have an order allowing you to marry or register a domestic partnership, you are considered to be an emancipated minor when you have entered into a valid marriage or domestic partnership. When you are emancipated, you are no longer under the care and control of your parents or legal guardian. If you are a dependent or ward of the juvenile court, your legal status also changes when you are emancipated. This affects certain rights relating to you and your parents or legal guardians. For example: You give up the right to financial support from your parents or legal guardians. • Your parents or legal guardians lose the right to control your finances, and they are no longer required to support you. • Decide where you want to live; Enter into contracts, get a bank loan or credit card; Apply for a work permit; Enroll yourself in school; File a lawsuit or be sued in your own name; Consent to your own medical, dental, and psychiatric care; and Make or revoke a will; Keep the money you earn; Buy, sell, lease, exchange, or transfer any interest you have in real estate or personal property. As specified in Family Code sections 7050 through 7052, as an emancipated minor you have the right to: Rights of an emancipated minor3 Decide how to spend the money you earn; Order and Notices to Minor on Request to Marry or Establish a Domestic Partnership Revised January 1, 2020 Case Number: • • • • • • • • • • • • • • • • FL-915, Page 4 of 5 Revised January 1, 2020 Other rights of an emancipated minor4 With respect to shares of stock in a domestic or foreign corporation, a membership in a nonprofit corporation, or other property held by an emancipated minor, you may do all of the following: Waive notice of any meeting or give consent to the holding of any meeting; and Authorize, ratify, approve, and affirm any action that could be taken by shareholders, members, or property owners. Vote in person, and give proxies to exercise any voting rights, with respect to the shares, membership, or property; Limits on the rights of an emancipated minor Even if you have been declared an emancipated minor: If you are charged with a crime, your case will be in the Juvenile Court. You must still attend school as required by law. Labor laws relating to minors still apply to you and prevent you from performing dangerous kinds of work. You must still meet the age requirements in California for obtaining a driver's license. You cannot consent to sexual intercourse with anyone who is not your legal spouse or domestic partner. This means that any other adult who has sex with an emancipated minor can still be prosecuted for unlawful sexual intercourse with a minor. 5 6 Alternatives to emancipation As an alternative to emancipation, you can consider: Family counseling to help improve your relationship with your parents while living with them. Obtaining an order to make someone you trust your legal guardian until you become 18 years old. Making an informal agreement with your parents that allows you to live with someone else. Note: The law allows the caregiver to enroll you in school and obtain basic medical care for you by completing a Caregiver's Authorization Affidavit, even if the caregiver does not have a court order for child custody. The affidavit can be found online at http://www.courts.ca.gov/documents/ caregiver.pdf Getting help from public or private agencies in your area. Rights of unemancipated minors A minor who is 12 years of age or older may consent to mental health treatment or counseling on an outpatient basis, or to residential shelter services or other supportive services on a temporary or emergency basis. Both of the following requirements must be satisfied: A minor who is 12 years or older may file for a domestic violence restraining order in the minor's own name. (1) (2) The minor, in the opinion of the attending professional person, is mature enough to participate intelligently in the outpatient services or residential shelter services. The minor (A) would present a danger of physical or mental harm to self or to others without the mental health treatment or counseling or residential shelter services, or (B) is the alleged victim of incest or child abuse. A minor may consent to the matters provided in Family Code sections 6920 to 6930, subject to certain limitations, and the consent of the minor's parent or legal guardian is not necessary. For example: Mental health treatment, outpatient counseling, emergency residential shelter service 7 Other rights A minor who is 12 years of age or older may consent to medical care and counseling relating to the diagnosis and treatment of a drug- or alcohol-related problem, prevention of a sexually transmitted disease, or prevention or treatment of pregnancy. (2) A minor may make a contract in the same manner as an adult. However, the contract can be disaffirmed if the law so permits. Minors may never (A) give a delegation of power (B) contract relating to real property, or (C) contract relating to personal property not within the minor's immediate possession or control. (3) (1) Order and Notices to Minor on Request to Marry or Establish a Domestic Partnership Case Number: • • • • • • • • • • • • FL-915, Page 5 of 5 Fraud: Either party decided to marry or register the domestic partnership as a result of fraud. The party was deceived about something vital to the relationship that directly affected the decision to marry or become a domestic partner. Some examples are hiding the inability to have children or just wanting to get a green card. Force: Either party was forced to consent. Physical incapacity: One of the parties was physically incapable of "consummating" the relationship (having sexual intercourse) and the incapacity appears to be "incurable." 8 Annulments: void marriage or domestic partnership The law describes circumstances in which a marriage or domestic partnership is void (not legally valid) from the very beginning. Bigamous relationship: One or both people are already married to (or in a registered domestic partnership with) someone else. For more information, see Family Code section 2201. Incestuous relationship: This is a marriage or partnership between two people who are close blood relatives. See Family Code section 2200. Family Code section 2210 describes circumstances in which a marriage or domestic partnership can be declared invalid (or voidable). The following must have taken place at the time the parties married or registered the domestic partnership: Under age: The person filing for annulment was under 18 years old. Unsound mind: Either party was unable to understand the nature of the marriage or domestic partnership, including the obligations that come with it. 9 Annulments: voidable marriage or domestic partnership Visit the California Courts Online Self-Help Center at www.courts.ca.gov/1037.htm#legal. Talk to a lawyer. For help finding a lawyer, go to www.courts.ca.gov/selfhelp-findlawyer.htm. How to annul a marriage or domestic partnership Visit your local court's self-help center at www.courts.ca.gov/selfhelp-selfhelpcenters.htm. 10 There are a number of forms and steps to complete when filing for annulment. For information and procedures for filing and responding to an annulment case that is filed in family court, you can: Prior existing marriage or domestic partnership: The marriage or domestic partnership took place after the former spouse or domestic partner was absent for five years and not known to be living, or was thought to be dead. 11 How to end a marriage, domestic partnership, or both Dissolution (Divorce): A divorce judgment ends your marriage or domestic partnership, or both. You will be legally a single person again. In a divorce case you can ask the judge to make orders about parenting issues, child support, spousal or partner support, and dividing property and debts. Legal Separation: A legal separation does not end a marriage or domestic partnership. A couple may decide to file for legal separation instead of a divorce for religious reasons, financial reasons, or because they just want to live apart and have court orders about money, property, and parenting issues. For information about divorce and legal separation, including the procedures for filing in family court go to www.courts.ca.gov/selfhelp-divorce.htm. Read Legal Steps for a Divorce or Legal Separation (form FL-107-INFO). This form can be found online at www.courts.ca.gov/documents/fl107info.pdf. Note: See Family Code section 2211 for the time limits for filing to nullify a voidable legal relationship. Summary Dissolution: This type of action is available for couples who have been married or domestic partners for less than five years, do not have children together, do not seek an order for support, do not own real estate or land, and have limited debts and property. For more information, go to: http://www.courts.ca.gov/1241.htm; http://www.courts.ca.gov/1242.htm; and http://www.courts.ca.gov/16430.htm. Order and Notices to Minor on Request to Marry or Establish a Domestic Partnership Revised January 1, 2020 Case Number: • • •
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Form ID: FL-915 Title: Order and Notices to Minor on Request to Marry or Establish a Domestic Partnership Effective Date: 2020-01-01 Mandatory Form: yes Info Page: https://selfhelp.courts.ca.gov/jcc-form/FL-915 Primary Download URL: https://www.courts.ca.gov/documents/fl915.pdf Form Detail Page: Order and Notic…
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The court's own separate and private interview of the parties. The written report submitted to the court by Family Court Services. 4c and 4d do not apply if the minor is 17 years of age and has achieved a high school diploma or a high school equivalency certificate. (specify):Otherd. Judicial Council of Californi…
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relationship is: 17 years of age and has a high school diploma or a high school equivalency certificate. OR 16 or 17 years of age and is pregnant or whose prospective spouse or domestic partner is pregnant. 8 (specify):Other Order and Notices to Minor on Request to Marry or Establish a Domestic Partnership R…
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You give up the right to financial support from your parents or legal guardians. • Your parents or legal guardians lose the right to control your finances, and they are no longer required to support you. • Decide where you want to live; Enter into contracts, get a bank loan or credit card; Apply for a work pe…
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guardian until you become 18 years old. Making an informal agreement with your parents that allows you to live with someone else. Note: The law allows the caregiver to enroll you in school and obtain basic medical care for you by completing a Caregiver's Authorization Affidavit, even if the caregiver does not ha…
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domestic partnership as a result of fraud. The party was deceived about something vital to the relationship that directly affected the decision to marry or become a domestic partner. Some examples are hiding the inability to have children or just wanting to get a green card. Force: Either party was forced to con…
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legally a single person again. In a divorce case you can ask the judge to make orders about parenting issues, child support, spousal or partner support, and dividing property and debts. Legal Separation: A legal separation does not end a marriage or domestic partnership. A couple may decide to file for legal sep…