California Divorce

Under the California system, a default judgment in divorce cases is filled whenever one spouse does not respond to divorce papers. In straightforward words, it describes how the divorce goes by without the contribution of the non-responsive spouse. Therefore, in this post, we are going to present what you must have to complete the process and file the default judgment for California divorce, including eligibility, required paperwork, and some additional useful tips to make this process much more manageable.

What is Step by step for filing default judgment of divorce?

Here’s simple step by step procedures regarding filing default judgment for divorces in California state.

Step 1 : File divorce petition

You start by filing for divorce. When you have decided to take this decision, you must complete a Petition for Dissolution of Marriage, Form FL-100. Moreover, It includes details of your marriage, assets, debts, childcare and support plans. You must also file a subpoena, which is Form FL-110. The summons notifies your spouse that you have filed for divorce.

Step 2: Filing of forms for the default judgment

After 30 days, you could even file a request for default judgment if there has not been any return from that other spouse. You will prepare and file several forms, such as Request to Enter Default which is a motion for an order requiring the court to enter a default judgment because the other spouse has not replied to the petition:.

  1. Declaration for Default or Uncontested Dissolution or Legal Separation (Form FL-170): This declaration enables you to provide the court with details on what terms you want the dissolution to take, including provisions of child custody, child and spousal support, and division of assets.
  2. Judgment (Family Law) (Form FL-180): This form is actually the judgment whereby the divorce is finalized upon stating specific orders you ask the court to grant for your dissolution.
  3. Notice of Entry of Judgment (Form FL-190): It will notify both parties of the entry of judgment.

Step 3: File Financial Disclosure Forms

You will be required to make full financial disclosure if you are asking for any kind of financial order, such as spousal or child support. There are three basic forms that you will have to prepare:

  • Declaration of Disclosure (Form FL-140)
  • Schedule of Assets and Debts (Form FL-142)
  • Income and Expense Declaration (Form FL-150)

These documents will allow the court insight into both spouses’ finances, thus enabling fair determinations on support and property distribution. If the respondent filed no disclosure, then you need to file only yours.

Step 4: Filed the Default Judgment Forms to the Court

After filling out all forms, it is then submitted with the court clerk. The paper will then be examined by a court to determine if the forms had been filled out correctly and meets all the legal requirements. Review time usually depends upon court schedules, which may take weeks before the outcome could be determined.

Step 5: Appear in Court for Hearing (If the Case Requires This)

The court may then conduct a short hearing to iron out specific matters or to ascertain that all formalities under the law have been met. If there is a hearing, ensure you carry all copies of filed forms and proofs that would support your requests (for example proof of land ownership, proof of child custody).

Step 6: Wait for the Judgment or Decision of the Judge

After examining your documents, the judge will decide on the judgment by default for your case. The judge will then sign Judgment (Form FL-180), and your divorce will be considered final if the judge grants it. You will receive a Notice of Entry of Judgment (Form FL-190), ending your marriage and finalizing the court order.

Tips for Smooth Default Judgment Process

Tips for Smooth Default Judgment Process are as follows:

  • Check forms to ensure correct spelling with clarity: The court will take the document piece by piece for scrutiny, so do not rush and thus ensure that everything is correct and clear.
  •  Consultation with Legal Aid or a family lawyer: Filing a default judgment is a challenging process in itself and involves much documentation and steps. Legal advisory consultation will help avoid the mistakes most people do and ensure that all legal formalities are complied with.
  • Keep Organized: Keep copies of every document. Moreover, maintain a check list of all forms that have been completed and all the steps undertaken. This can be quite handy in case of follow-ups or queries from the court.

Eligibility to File Default Judgment

The eligibility requirements to file a default judgment in California is so simple that you must meet any of the conditions below. The conditions to file are as follows:

  1. It is mandatory to respond to the case within 30 days; if the other spouse doesn’t respond to the divorce papers within 30 days of being served, the person who filed for divorce can ask the court for a default decision·
  2. To file for divorce, one spouse must have lived in California for at least six months and in the county where they file for at least three months· However, if any of the spouses is not able to do so, then you will not be eligible to file a divorce case in California·
  3. For this to happen, the person who filed for divorce must properly serve the papers to the other spouse so the court can accept the request for a default decision· 

Conclusion

Filing a default judgment for divorce in California is complicated, but with proper, careful steps followed, it will seem different and be finished in time. Remember to fill out and collect all the documents needed and meet the deadlines, and whenever you are not sure of a procedure, don’t think twice before contacting a family law attorney. In such a scenario, the path which the divorce process takes on its own will ease itself for you even if your spouse is not willing to cooperate.