Serve a copy of the Response (Form FL-120) and any other papers you attached, on your spouse or domestic partner. You can file a Response and still work out an agreement with your spouse or domestic partner. Judgment (Form FL-180). A default divorce means that you are essentially giving up your right to have a say in the divorce proceedings and all consequences of that divorce. Whether you decide to not respond but get a written notarized agreement with your spouse/partner or you choose to file a response and reach an agreement with your spouse or domestic partner afterward, you will be involved in the case and will participate in the decisions that are made in your divorce or legal separation. In your agreement, you can both agree to end your marriage or domestic partnership. Your spouse or domestic partner did NOT file a response (so he or she “defaulted”); The 2 of you have a written agreement about your divorce or separation, dividing your property and debt, child custody and visitation, and support issues. Click for help finding a lawyer. To fill out a Response and actively participate in the case, follow these steps: Like the Petition, the Response asks for information about the length of your marriage or registered domestic partnership, and other basic information about your relationship. This type of agreement is often called a “marital settlement agreement” or MSA. Keep in mind that if anything changes or you have new information since you and your spouse/domestic partner exchanged your preliminary declarations of disclosure, you have to fill out and serve a new set of disclosure forms updating the other person about the new or changed information. If you do not use this form, make sure your written agreement has very specific language about the waiver. Educate yourself. You MUST make your preliminary declaration of disclosure within 60 days of filing your response. Try to do it as soon as possible after you file your response. Click for help finding a lawyer. I am the petitioner in this action and have filed a proof of service of the preliminary Declaration of … Before you choose this option, make sure you read the papers your spouse or domestic partner filed … The case defaults when more than 30 days go by between the serving of the petition and summons and there was no response — a default — and the couple came to a written agreement regarding all issues in the case. If a spouse fails to respond to the divorce petition because she is relying on this written agreement, the default is only a technical one since she participated in the binding agreement. We’re licensed and bonded legal document preparation service specializing in divorce in California. This process is called divorce by default. It also gives you the financial information you need to make decisions about child and spousal or partner support. How to divide your property and your debt, Whether anyone will pay the other spousal or partner support, and. A true default in California divorce proceedings is considered to have occurred when there is no agreement in place and more than 30 days have passed since the petition and summons was served. ), Fill Out and Serve Your Financial Disclosure Forms. If you DO need to prepare a final declaration of disclosure, fill out: These are not court forms; use regular sheets of paper and write your case name and case number at the top. In your agreement, you can both agree to end your marriage or domestic partnership. 2. Notice of Entry of Judgment (Form FL-190). Once you have sent your disclosure forms to your spouse or domestic partner, you need to fill out and file with the court: California Court Services Status Due to COVID-19, Emergency Court Actions and COVID-19 (Coronavirus), Common Problems in Completing your Divorce or Separation, Property and Debt in a Divorce or Legal Separation, Completing the Final Declaration of Disclosure. Or you may just need to fix a mistake on your paperwork. The written, notarized agreement between the spouses or domestic partners, agreeing on the terms of divorce or separation, and attach this to the. Today we are talking about the California divorce process called default with agreement. Make sure you file your Response within 30 days of being served with the Petition. When the complainant spouse serves the respondent spouse with a petition for divorce and there was no response but an agreement was negotiated, there can be a default with agreement. Remember, you are the respondent. You cannot get divorced if you do not exchange your disclosures. If you do not think you and your spouse/partner will be able to work out an agreement, click for more information on contested cases. How to divide your property and your debt; Whether anyone will pay the other spousal or partner support; and. This form tells the court that you have given your spouse or domestic partner the preliminary or final declaration of disclosure. This situation is called a “default with agreement” because more than 30 days have passed since you served the petition and summons, and: In this situation, you (the petitioner) MUST follow these steps (after having completed steps 1 – 4): Alert! You DO need to file with the court a form called the Declaration Regarding Service of Declaration of Disclosure (Form FL-141). Before you choose this option, make sure you read the papers your spouse or domestic partner filed very carefully. When you sign the agreement, make sure that you understand everything you are agreeing to. In California, a divorce is called a dissolution of marriage. Talk to the family law facilitator in your court for help with these forms and any questions you may have. We will help you go over your spouse’s petition for divorce, and if your spouse hasn’t filed yet, we could help you petition first. It is called a hybrid divorce because it is a Hybrid between the true default case and the uncontested case. The first disclosure you make is called the “preliminary declaration of disclosure.” Sometimes, you also have to make a second, final disclosure. You will also have to let the court know by filing another Declaration Regarding Service of Declaration of Disclosure (Form FL-141). If we file as "have agreement", we need a notarized MSA. If your court’s family law facilitator or self-help center helps with divorces, ask them for help too. You can have someone serve it by mail or in person. A list of your investment opportunities since you separated. Read about child support agreements. Trying to give you a little background on this. The financial documents are very important, especially in cases where there is a lot of property or debt. Today we’re talking about the difference between a default with agreement and a default without agreement. A default judgment with agreement is where one spouse filed for divorce, the other hasn't filed a response, and the parties have a written divorce agreement. If your spouse or partner has written anything on his or her forms that you disagree with, make sure you fill out your forms the way you believe they should be completed. It will ask you what you own and what you owe, and about related issues such as child custody and visitation, child or spousal support, domestic violence, and other matters. If your court’s family law facilitator or self-help center helps with divorces, ask them for help too. You must also disclose, in writing, accurate and complete information about any investment opportunity, business opportunity, or other income-producing opportunity you have had since you separated, as long as that opportunity originated from an investment, business or other opportunity after you got married but before you separated. For some issues, like child support, when you have an agreement you have to meet certain legal requirements, so make sure you follow the rules. In California you can get a divorce even if one spouse refuses to cooperate and agree to the divorce. What it is briefly is a divorce with agreement but is a default case. Talk to your family law facilitator, self-help center, or a lawyer. This requires only one filing fee of $435. You must also include the other orders you want the court to make about property and debt, spousal or partner support, and, if you have children with your spouse or domestic partner, about custody, visitation, and child support. The point of disclosure is to make sure that you and your spouse or domestic partner are aware of everything you each own and owe, separately and together, so you can divide your property and debts equally. This is called “disclosure.”. Find out. It prevents one spouse from holding the marriage “captive” by stalling the divorce process. If you want specific legal advice about how to fill out your disclosure documents, talk to a lawyer. 3. The days are counted from the date you were served with your spouse’s or partner’s, If your spouse or partner is willing to give you more than 30 days, make sure you get this in writing and have your spouse/partner sign the “extension.”, If you want the court to make orders about custody and visitation, you can also fill out the, You will have to pay a filing fee. Declaration for Default or Uncontested Dissolution or Legal Separation (Form FL-170). To complete your divorce, your partner will be filing a request for Default with Agreement. The clerk will keep the original and return the copies to you stamped “Filed.”. A True Default divorce is where one party files and served the other. You can have this form served on your spouse or domestic partner before the clerk stamps it — just make sure you do not serve the original. Even if they cannot help you with the divorce itself, they may be able to help you with parts of it, like the child support and spousal or partner support. Read about child support agreements. As the petitioner, you must turn in the final forms to the court asking for a judgment of divorce or legal separation. You can also agree about: You may be able to reach an agreement on all of these issues, or only some of them. If the court finds out that you left anything out or lied on your disclosure forms on purpose, the court can order that any property you did not list goes to your former spouse or domestic partner. Notice of Entry of Judgment (Form FL-190). ________________________________________. Once you have filed your Response and exchanged your preliminary declaration of disclosure, your next step is to finalize your agreement with the petitioner and file the forms required to finish your divorce. What child support and custody and visitation orders you will need, if you have children together. This means that someone, NOT you, 18 or older delivers or mails the Declaration of Disclosure (Form FL-140) to your spouse or domestic partner. Click on the topic that you are interested in: If you have questions or want to make sure the agreement is in your best interest (and that of your children if you have children), talk to a lawyer before you sign it. In a “true default” case, you are giving up your right to have any say in your divorce or legal separation case. The written, notarized agreement between the spouses or domestic partners, agreeing on the terms of divorce or separation, and attach this to … Click for help finding a lawyer. IMPORTANT! The written, notarized agreement between the spouses or domestic partners, agreeing on the terms of divorce or separation, and attach this to … Click on the topic that you are interested in: If you have questions or want to make sure the agreement is in your best interest (and that of your children if you have children), talk to a lawyer before you sign it. You only have 30 days to file your Response. Find out more about "service of process." In a “true default” case, you are giving up your right to have any say in your divorce or legal separation case. There are … Spousal or partner support can become complicated. If you leave anything out of your paperwork, either by mistake or on purpose, your property division can be “set aside” or canceled. And if you and your spouse or domestic partner are likely to have disagreements about these issues, what you write on your financial disclosure documents can affect the outcome of the case. 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