00 PARTY WITHOUT 0R ATTORNEY STATE BAR NO.: FOR COURT USE ONLY NAME: SAMANTHA BLEY DEJEAN, KATHERINE D. ONES, #268449 FIRM NAME: BLEY AND BLEY STREET ADDRESS: 555 Montgomery Street, Suite 1205 c:rv:San Francisco STATE: CA ZIP coca: 941 1 i TELEPHONE No.: 415-9 32-7311 FAX 982-727 8 t. E-MAIL ADDRE53. - San Francisco County 5 . erior Court ATTORNEY FOR (name): Alison Pincus COURT OF CALIFORNIA, COUNTY or SAN FRANCISCO STREETAOORESS: 400 McAllistcr Street . 6 MAILING ADDRESS: crwga?i: :25: San CA 94102 q?-E OF THE COURT 13?: PETITIONER: ALISON PINCUS 15/ Deputy cremF RESPONDENT: MARKPINCUS PETITION FOR AMENDED CASE NUMBER: Dissolution (Divorce) of: Marriage I: Domestic Partnership 1: Legal Separation of: CIMarriase CI Domestic Patinth Nutiity of: - Marriage CI Domestic Partnership . 1. LEGAL RELATIONSHIP (check that apply): a. We are married. b. We are domestic partners and our domestic partnership was established in California. 0. I: We are domestic partners and our domestic partnership was NOT established in California. 2. RESIDENCE REQUIREMENTS {check all that apply): a. Petitioner 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 ?ling of this Petition. (For a divorce, at least one person in the legal relationship described in items is and to must comply with this requirement.) b. 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. c. We are the same sex, were married in California, but currently live in a jurisdiction that does not recognize, and will not dissolve. our marriage.This Petition is ?led in the county where we married. Petitioner lives in (specihr): Respondent lives in (specify): 3. STATISTICAL FACTS a. (1) Date Of marriage (specify):June 21, 2008 (2) Date of separation (special-March 16, 2017 (3) Time from date of marriage to date of separation (specify): 8 Years 8 Months b. (1) Registration date of domestic partnership with the California Secretary of State or other state equivalent (specify below): (2) Date of separation (specify): (3) Time from date Of registration of domestic partnership to date of separation (specirfw: Years Months BY FAX ONE LEGAL LLC c. if any children listed above were born before the marriage or domestic partnership, the court has the authority to determine those children tO be children of the marriage or domestic partnership. . d. it there are minor children of Petitioner and Respondent, a completed Declaration Under Uniform Child Custody Jun'sdiction and Enforcement Act (UCCJEA) (form FL-105) must be attached. e. Petitioner and Respondent signed a voluntary declaration of paternity. A copy is Cl is not attached. Page 1 or 3 Fm" ?Dead Manda? ?59 MESTIC PARTN ERSHIP Family Code. s? 29719913202330.3409: Judicial Council of California mm.couns.ca.gov . FL-1nOiRev. July1.20161 (Famin Law) So??g?lg - Re as 00 CASE NUMBER: ALISON PINCUS PINCUS Petitioner requests that the court make the following orders: 5. LEGAL GROUNDS (Family Code sections 2200-2210, 2310?2312) a. Divorce or {3 Legal separation of the marriage or domestic partnership based on (check one): (1) irreconcilable differences. (2) permanent legal incapacity to make decisions. b. I: Nullity of void marriage or domestic partnership based on (1) incest. (2) bigamy. c. Nullity of voidable marriage or domestic partnership based on (1) a petitioner?s age at time of registration of domestic (4) C3 fraud. partnership or marriage. (2) E: prior existing marriage or domestic partnership. (5) force' (3) unsound mind. (6) PhYSiCa'incaPaCitY- 6. CHILD CUSTODY AND VISITATION (PARENTING TIME) Petitioner Respondent Joint Other a. Legal custody of children to .. .. b. Physical custody of children to .. I: c. Child visitation (parenting. time) be granted to .. :3 As requested in form FL-311 form [3 form form form [3 Attachment 60(1) 7. CHILD SUPPORT If there are minor children born to or adopted by Petitioner and Respondent before or during this marriage or domestic a. partnership, the court will make orders for the support of the children upon request and submission of ?nancial forms by the requesting party. . b. An assignment may be issued without further notice. 0. Any party required to pay support must pay interest on overdue amounts at the "legal" rate. which is currently 10 percent. d. Other (specify): 8. SPOUSAL OR DOMESTIC PARTNER SUPPORT a. Spousal or domestic partner support payable to Petitioner I Respondent b. Terminate (end) the court's ability to award support to Petitioner ReSpondent c. Reserve for future determination the issue of support payable to Petitioner I: Respondent d. Other (Specify): 9. SEPARATE PROPERTY . a. There are no such assets or debts that i know of to be con?rmed by the court. b. Con?rm as separate property the assets and debts in [3 Property Declaration (form FL-160). I: Attachment 9b. the following list. item 1 Con?rm to To be determined. Page 2 of 3 FL-100 (Rev. July 1. 2?16] DOMESTIC PARTNERSHIP (Family Law) i - FL-100 PETITION ER: ALISON PIN CUS CASE NUMBER- RESPONDENT: MARK PINCUS 10. COMMUNITY AND PROPERTY 8. There are no such assets or debts that I know of to be divided by the court. b. Determine rights to community and quasi-community assets and debts. All such assets and debts-are listed :1 in Property Declaration (form FL-160) I: in Attachment 10b. as follows (specify): To be determined. 11. OTHER REQUESTS . a. Attorney?s fees and costs payable by Petitioner Respondent Petitioner?s former name be restored to (specify): c. Other (specinI):Petitioner is seeking a determination by the Court that the parties' Premarital Agreement dated June 17, 2008 is null and void as a matter of law under Family Code Section 1615. Petitioner seeks an immediate and bifurcated trial on this issue. [3 Continued on Attachment 11c. 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 fore 'ng is true and correct. Date: March 16,2017 . ALISON PINCUS (SIGNATURE OF PETITIONER) (TYPE on PRINT NAME) .Date: March 16, 2017 I 7y . SAMANTHA BLEY DEJEAN - wit/d (TYPE 0R PRINT NAME) 9 (SIGNATURE or ATTORNEY Fg? Penny?f I FOR MORE INFORMATION: Read Legal Steps fora Divorce or Legal Separation form FL-107-INFO and visit "Families Change" at an online guide for parents and children going through divorce or separation. NOTICE: You may redact (black out) social security numbers from any written material ?led with the court in this case other than a form used to collect child, spousal or partner support. 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 similarthing. It does not automatically cancel the right of a domestic partner or spouse as bene?ciary ofthe 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. Page 3 of 3 ?"00 Ju'y 2?15} EIDOMESTIC PARTNERSHIP (Family Law) CASE NUMBER: - TITLE: IN RE MARRIAGE OF PINCUS, ALISON AND MARK 4. Do you have information about, or have you participated as a party or as a witness or in some other capacity in, another court case or custody or visitation proceeding, in California or elsewhere, concerning a child subject to this proceeding? Cl Yes No (If yes, attach a copy of the orders (if you have one) and provide the following information): Court Order Your Proceeding Case number Court or judgment Name of each chIld connection to Case status (name, state, location) (date) the case a. Family b. l:l Guardianship c. Other Proceeding Case Number Court (name, state, location) 01. [:lJuvenile Delinquency/ Juvenile Dependency e. Adoption 5. One or more domestic violence restraining/protective orders are now in effect. (Attach a copy of the orders if you have one and provide the following information): Court County State Case number (if known) Orders expire (date) a. Criminal bl: Family Juvenile Delinquency] 0- E3 Juvenile Dependency Other 5_ Do you know of any person who is not a party to this proceeding who has physical custody or claims to have custody of or visitation rights with any child in this case? Yes No (If yes, provide the following information): a. Name and address of person b. Name and address of person 0. Name and address of person. Has physical custody I: Has physical custody I Has physical custody Claims custody rights [3 Claims custody rights :1 Claims custody rights I: Claims visitation rights Claims visitation rights Claims visitation rights Name of each child Name of each child Name of each child I declare under penalty of perjury under the laws of the State of California that th '0 oing is true correct. Date: March 16, 2017 . Alison Pincus (TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT) 7. [3 Number of pages attached: One NOTICE TO DECLARANT: You have a continuing duty to inform this court if you obtain any information about a custody proceeding in a California court or any other court concerning a child subject to this proceeding. DECLARATION UNDER UNIFORM CHILD CUSTODY PagaZofz JURISDICTION AND ENFORCEMENT ACT (UCCJEA) FL-1 lRev. January 1, 20091 20 ALLISON PINCUS ?mm? RESPONDENT: MARK PINCUS Respondent requests that the court make the following orders: 5. LEGAL GROUNDS (Family Code sections 2200?2210; 2310?2312). . I a. Respondent contends that the parties nelIer legally married or registered a domestic partnership. b. CI Respondent denies the grounds set forth in item 5 ofthe petition. c. Respondent requests (1) divorce legal separation of the marriage or domestic partnership based on irreconcilable differences. permanent legal incapacity to make decisions. (2) nullity of void marriage or domeeiic partnership based on :1 incest. Clbbamv- (3) nullity ofvoldable marriage or domestic partnership based on CI respondent?s age at time of registration of fraud. demestio partnership or marriage. prior existing marriage or domestic partnership. El force' (0) unsound mind. (1) El physical incapacity. e. CHILD cus'roov AND vrsn'A'rroN (PARENTING TIME) Petitioner Respondent Joint (mm a. Legal custody of children to b. Physical custody of children Child visitation (parenting time) be granted to .. - CI As requested in: form form El form [1441(6) form [1-351 (01 form FL-3411Q Atiagment 6o(1) T. CHILD SUPPORT a. if there are minor children born to or adopted by Petitioner and Respondent before or during this marriage or domestic pa rtnership. the court will make orders for the support of the children upon request and submission of ?nancial forms by the requesting party. b. An earnings assignment may be issued without further notice. . c. Any party required to pay support must pay interet on ouerdue amounts at the "legal" rate, which ie'currenily 10 percent. d. Other (specify): - - s. SPOUSAL on oomesrrc PARTNERSUPPORT . . - a. CI Spousal or domestic partner SUpport payable to- Petitioner Respondent b. Terminate (end) the court?s ability to award support to Petitioner Respondent c. Reserve for future determination the issue of support payable to El Petitioner .D Respondent d. Other (ape-arm: 9. SEPARATE PROPERTY a. There are no such assets or debts that I know of to be confirmed by the court. . b. Confirm as separate property the assets and debts in DPmperty Declaration (form Mg). [2 tiechment 9b. - iXIthe following list. . I _C_o_r_r?g11_tg To be de?rmined by written agreement of the parties or by Court order. - . July 1.2015] PARTNERSHIP Page 2 are Bee in! (Family'an) PNCUS . Date: March 2017 MARK pmcus - FL4120 CASE NUMBER: PETITIONER: ALLISON FDI-17-787499 RESPONDENT: MARKPINOUS- 10.00MMUNITY AND QUASI-COMMUNITY PROPERTY a. There are no such assets or debts that I know of to be by the court. b. Determine rights to community and quastoommuntty assets and debts.AIl such assets and debts are ttsted . In Property Declaration (form m. in Attachment 10b. as follow; (speoily): To be determined by written agreement of the or by Court ordeL 11. OTHER REQUESTS a. Attorneys fees and casts payable by b. Reapondent?s former name be restored to (opacity): [:IOther (speci?/J: 5 Petitioner Respondent .311 3DConttnued on Attachment 11c. 5 I declare under?penaity of perjury under the lows ofthel'State of Galitornlo that the re?ning is tru and contact. Date: Marsha? 2 22017 (TYPE OR PRINT NAME) I (SIGNMURE OF ATTORNEY FOR RESPONDENT) FOR MORE INFORMATION: Read Legal Steps fora Dhrama arLegal Separation (form EL-107-INFOI) and visit "Families Change" at an online guide for parents and children going through dlvorde or separation. - NOTICE: You may redact (black out) social security numbers from any written material ?led with the court in this case?other than a form used to collect spousal or partner support. - OF RIGHTS: Dissolution or legal separationmay automaticain cancel the 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 hank account. rights to any property What! In joint tenancy, and any other similar thing. it does not automatically cancel the right of a domestic partner or spouae as bene?ctary 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 partneror spouse or a court order. . . . the original response must be ?led In the court with proof of service of a copy on Petitioner. FL?tzornov..ruty1.2oto] RES A IAGEIDO ES PA ERS I Pontoon Ens I (Famny LEW) . . BREE PINCUS . . . - SHORT TITLE: . case WEEK: PINCUS . .4. Do you have information about. or have you participated as a party eras a witness or in some other capacity in. another court case or custody or visitation proceeding, in California or elsewhere, concerning a child subject to this proceeding? Yea No (Ifyee; attach a copy of the orders (if you have one) and provide the following lnfonnatlon): Court Court order . Your Proceeding Case number (name, state, location) or judgment .Name of each child connection to Case status (date) the case a. Family b. Guardianship c. Other Proceeding . . Case Number . Court (name, state, location) d. Juvenile Delinquency! Juvenile Dependency e. Adoption - 5. one or more domestic violence orders are now in effect. (Attach a copy of the orders if you have one and provide the following information).- . a Court County . State . Case nt?rrnber ?fknown) Orders expire (date) a.C?minal . 3_ b- Emily . - c. Juvenile Delinquency! Juvenile Dependency d. Other 6. Do you know of any person who Is not a party to this proceeding who has physical custody or claims to have custody of or visitation rights with any child in this case? CI Yes No (lfyes, provide the following lnfonnetlon): a. Name and address of person b. Name and address of person I c. Name and address of person El Has physical custody Has physical custody Hoe physical custody Claims custody rights . Claims custody rights Claims custody rights Claims visitation rights CI Claims visitation rights Cl Claims visitation rights Name of each child Name of each child - Name of each child . declare under penalty of perjury under the laws of the State of California in lo I _l I a and correct. Date: March 2017 Mark Pincus (TYPE on PRINTNAME) - (slcNATuae or: 7. Number of pages attached: . . - NOTICE TO DECLARANT: You have a continuing duty to Inform this court if you obtain any information about a custody ng. I proceedin in a California court or any other court cancer-nth a child subject: to this procaadi rotation-immunity 1.20091 UNEER u?lFORm CHILD Panozofz new AND euroncerrenr .- . . - PINCUS DEW $11058 WALLACKHI lam-1:5; 155 Bow! Road Suite 201 San Mateo. Califomin 94402 .Tel: (650)149-9920 Fax: (650)349-9907 I PROOF OF SERVICE I am employed by the law firm of l3erra Stress Wallacker in the County of San Mateo, I California. am over the age of eighteen years and not a party to the within action. Mybusiness address is 155 Bovet Road, Suite 202, San Mateo, California 94402. On this date, I served the within: . Response and Request for Dissolution cf Marriage with attached UCCJEA on counsel in this action, by placing a true copy thereof a sealed envelope addressed as follows: Samantha Bley de Jean, Esq. I . Law Of?ces Of Bley And Bley 555 Montgomery Street, Suite 1205 San Francisco, California 94111?2543 (By Mail) I am readily familiar with my employer's normal business practice for collection and processing of correspondence for mailing with the US. Postal Service, and that practice is that correspondence is deposited with the US. Postal Service the same day as the day of collection. On the date noted by my signature below'I. placed a true copy of the above named document(s) enclosed inza sealed envelope prepaid for ?rst-class mail for collection and mailing in the United States mail at San Mateo, California that same day, (By Overnight-Courier) I caused each envelope, with postage fully prepaid, to be sent by {Name of Courier} (By Facsimile) I caused each document to be sent by facsimile machine to the fax number listed above. The transmission was reported as complete and without error. (By Hand) I caused each document to be delivered by hand to the of?ces listed above. . I declare under penalty of perjury that the foregoing is true and correct. Executed on March 27, 2017, at San Mateo, California. Kin?lber ere'r PROOF or SERVICE