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REQUEST FOR ORDER: BIFURCATE AND TERMINATE MARITAL STATUS
1 SUPERIOR COURT OF CALIFORNIA 2 COUNTY OF SAN FRANCISCO 3 UNIFIED FAMILY COURT 4
5) 6 JENNIFER WEI CHENG,) Case Number: FDI-25-801487) 7 Petitioner) Hearing Date: April 16, 2026) 8 VS.) Hearing Time: 9:00 AM) 9 TOM YEH,) Department: 404) 10 Respondent) Presiding: AI MORI) 11) 12 REQUEST FOR ORDER: BIFURCATE AND TERMINATE MARITAL STATUS 13 TENTATIVE RULING 14 Having read and considered the pleadings, declarations, and other evidence submitted in this matter, the 15 Court makes the following findings and orders: 16 A. Procedural History 17 1) Petitioner Jennifer Wei Cheng (Mother) and Respondent Tom Yeh (Father) married on 18 11/3/2003.
Mother contends the parties separated on 12/20/2020, for a marriage of 16 years and 1 19 month. Father contends the parties separated on 5/16/2025, for a marriage of 21 years and 6 20 months. The parties have two minor children, Hampton (DOB: 11/22/2008, age 17) and 21 Harrington (DOB: 8/28/2010). Mother is represented by attorney Leon Jew. Father is self- 22 represented. 23 2) On for hearing is Mother’s Request for Order filed 2/17/2026 asking the Court to bifurcate and 24 terminate the parties’ marital status.
The Court notes that in the Request for Separate Trial (FL- 25 315) attached to her Request for Order, Mother included no information under the prompt, “All 26 pension or retirement plans in which the community has an interest are listed below or on 27 attachment 1e(2).” However, the Court also notes that on 9/29/2025, Mother filed a Response to 28 Father’s Request for Form Interrogatories, Set One. Mother attached to this pleading a Schedule 29 of Assets and Debts signed by Mother under penalty of perjury which only lists the following
1 items under the section for “retirement and pensions”: Madison IRA (“SP”) and Madison Roth 2 (“SP”). Mother also stated in this pleading that tax returns for 2023 and 2024 “were not filed yet 3 due to Asking Party’s lack of cooperation to fully disclose his income.” 4 3) On 2/25/2026, Mother filed a Supplemental Declaration stating that she would like her former 5 name restored to “Jennifer Wei Cheng.” 6 4) On 4/9/2026, Father filed a Responsive Declaration asking the Court to deny Mother’s request. 7 Father states Mother has “never produced any tax returns, paystubs, or account statements 8 required for the Preliminary Declaration of Disclosure.”
Father also states, “Petitioner lists 2 9 pensions in her Schedule of Assets & Debts and has not joined those plans to this action. I request 10 that they be joined and that I be named beneficiary of both plans.” Father further states, 11 “Respondent to be assigned & granted a 50% interest in Petitioner’s Madison IRA & Madison 12 Roth (listed on Petitioner’s Schedule of Assets & Debts dated 7/21/2025).” Father also asks the 13 Court to order Mother to “restore and pay for Respondent’s health insurance,” and order Mother 14 to “return to my mother the property described in my supporting Declaration.
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Petitioner does not 15 deny this property belongs to my mother.” The Court notes that although Father references a 16 supporting declaration in his Responsive Declaration, no supporting declaration is attached to 17 Father’s Responsive Declaration nor was a supporting declaration separately filed. 18 5) Per the Proof of Service filed 4/9/2026, Father’s Responsive Declaration was mailed to Mother’s 19 attorney on 4/3/2026. 20 6) Mother did not file a Reply Declaration. 21 B. Findings and Order 22 1) The hearing on Mother’s request to bifurcate and terminate the parties’ marital status is hereby 23 continued to Tuesday, 6/30/2026 at 9:00 AM in Dept. 404. 24 2) No later than 4/30/2026, Mother shall file and serve an updated Request for Separate Trial (FL- 25 315) which lists any and all pension or retirement plans in which the community has an interest. 26 If Mother contends the community has no interest in any pensions or retirement plans, she may 27 write “none.”
Mother shall also file a Proof of Service indicating service of this document. 28 3) Regarding Father’s statements that Mother has not yet served a complete Preliminary Declaration 29 of Disclosure, if the 2023 and 2024 tax returns have not yet been filed, the Court finds that they
1 do not have to be served as Family Code section 2104(a) only requires that “all tax returns filed... 2 within the two years prior to the date that the party served the declaration” be served. However, 3 the Schedule of Assets and Debts (FL-142) form does require that the “latest statement” for each 4 financial account be provided and the Income and Expense (FL-150) form also requires that 5 paystubs for the last two months be provided. Mother shall serve on Father an updated FL-142 6 which includes as an attachment the latest statements for each financial account included as well 7 as an updated FL-150 which includes as an attachment Mother’s last two months of paystubs. 8 4) At least 10 calendar days prior to the next hearing date, Mother shall file and serve an updated 9 Declaration Regarding Service of Preliminary Declaration of Disclosure (FL-141) as well as a 10 declaration (not to exceed 5 pages in length, not including exhibits) providing any material 11 updates to the Court. 12 5) At least 5 calendar days prior to the next hearing date, Father may file and serve a declaration 13 (not to exceed 5 pages in length, not including exhibits) providing any material updates to the 14 Court. 15 6) Mother’s attorney shall prepare the Findings and Order After Hearing. 16 7) Preparation of Order: If you are directed by the court to prepare the order after hearing – within 17 10 calendar days of the hearing you must either: (a) Serve the proposed order to the other 18 party/counsel for approval, and follow the procedures set forth in CA Rules of Court, Rule 19 5.125(c), or (b) If the other party did not appear or the matter was uncontested, submit the 20 proposed order after hearing directly to the court.
Failure to submit the order after hearing within 21 10 days may allow the other party to prepare a proposed order and submit it to the court in 22 accordance with CA Rules of Court, Rule 5.125(d). 23
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