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The first two ways are called default and a true default. A default divorce is another
way of uncontested divorce. The third is a judgment with an agreement and the last one
is without an agreement, with possible trial or contested divorce.
Let's start with the two default judgments first:
1. The first way is the default judgment with an agreement, with so called Marital Settlement
Agreement if you serve your spouse, and there is no response for 30 days but you both reached
an agreement. The main reason for agreeing on a default is that it does not have to involve
a court process. In that case, the filling spouse can take care of the paper work, and
you save the filing fees
2. Second case of a true default requires first: that your spouse has not responded
to your petition for dissolution of marriage, second: you properly served all the forms
as explained in my previous video, third: then after waiting 30 days starting with service
to your spouse, and completing all the steps for serving the financial disclosure forms,
you can file for a true default judgment, Form FL-180.
Before you file for the judgment, make sure to fill out a Declaration of Disclosure (Form
FL 140), income and expense declaration (Form Fl-150), and a Schedule of Assets and Debts
(Form FL-142) and have them served on your spouse.
The other two ways to finish a divorce are if the respondent, meaning you spouse, if
you initiated divorce, files a Response.
3. In the first one you and your spouse have an agreement. You both must complete and serve
the same financial disclosure documents to each other. The respondent will have to serve
on the petitioner within 60 days of filing the Response. In the event of your spouse
filing a response and you both reached a written agreement, either party can file Appearance,
Stipulation, and Waivers (Form FL-130) and the proposed judgment (Form FL-180) with written
agreement attached and the other needed forms.
If you spouse files a response, but you both are not able to reach an agreement, the court
may try to help to reach an agreement. Otherwise parties must go to trial.
I suggest to seek a good family law mediator to help you and your spouse to reach an agreement
and avoid expensive court battles.
In our next video we will talk about the mediation and collaboration.
Thank you for your attention.