How To File Uncontested Divorce Judgment | Santa Clarita

How To File Uncontested Divorce Judgment | Santa Clarita

The courts consider a uncontested case one where your spouse filed a response to your summons and petition and both of you have a written agreement regarding your divorce and the division of property and debt, how you are going to divide your property and debt, child custody, visitation and any child and spousal support issues.

The steps and forms below are what’s required to proceed with your Santa Clarita divorce as an uncontested case.

WRITING UP YOUR AGREEMENT

In your agreement, which is also called a “stipulated judgment,” you can both agree to end your marriage. You can also agree about:

• How to divide your property and your debt;
• Whether anyone will pay the other spousal; and
• If you have children together, what child support and custody and visitation orders you want.

You need to have your written agreement (or “stipulated judgment”) notarized. Make sure, when you sign the agreement, that you understand everything you are agreeing to.  If you don’t notarize the judgment the court will reject your uncontested judgment package.

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. Read about child support agreements. And keep in mind that, if 1 of the spouses gets public assistance and the local child support agency (LCSA) is involved (or if the LCSA filed a child support case at the request of 1 of the parents), the LCSA will have to sign off on any agreement that includes child support.

You should also get more information about spousal and custody and visitation agreements. You can get some information on this website.

• Get more information about spousal or partner support agreements.

Santa Clarita Divorce

Filing Out Your Forms

Either the petitioner or the respondent must turn in these final forms to the court asking for a judgment of divorce or legal separation. You must also include the other orders you want the court to make about property and debt, spousal spousal support, and, if you have children with your spouse , about custody, visitation, and child support.

1. Fill out your court forms
   Fill out these forms:
   • Request to Enter Default (Form FL-165) or Appearance, Stipulations, and Waivers (Form FL-130). The respondent may have to pay a filing fee. If the respondent cannot afford the filing fee, he or she can ask for a fee waiver;
   • Declaration for Default or Uncontested Dissolution or Legal Separation (Form FL-170);
   • Judgment (Form FL-180);
   • Notice of Entry of Judgment (Form FL-190);
   • The written, notarized agreement or “stipulated judgment” between the spouses or domestic partners, and attach this to the Judgment; and
   • The final Declaration Regarding Service of Declaration of Disclosure (Form FL-141). Or if you agree to waive (skip) the final declaration of disclosure, a Stipulation and Waiver of Final Declaration of Disclosure(Form FL-144). Follow the instructions below for completing a final declaration of disclosure. You can also get a court order waiving receipt of the other party’s final declaration of disclosure.

    

2. If you are asking for custody orders, you can fill out any of the forms that may apply to your case
   Fill out the forms that apply, if any, and attach to your Judgment (Form FL-180):
   • Child Custody and Visitation Order Attachment (Form FL-341);
   • Supervised Visitation Order (Form FL-341(A));
   • Child Abduction Prevention Order Attachment (Form FL-341(B));
   • Children’s Holiday Schedule Attachment (Form FL-341(C));
   • Additional Provisions — Physical Custody Attachment (Form FL-341(D); or
   • Joint Legal Custody Attachment (Form FL-341(E)).

    

3. If you are asking for child support, fill out the applicable forms
   Fill out the forms that apply, if any, and attach to your Judgment (Form FL-180):
   • Child Support Information and Order Attachment (Form FL-342);
   • Income and Expense Declaration (Form FL-150) or a Financial Statement (Simplified) (Form FL-155);
   • Child Support Case Registry Form (Form FL-191);
   • Notice of Rights and Responsibilities — Health-Care Costs and Reimbursement Procedures and Information Sheet on Changing a Child Support Order (Form FL-192) (there is nothing to fill out with this form, but read it carefully);
   • Income Withholding for Support (Form FL-195) (if you want your spouse’s or domestic partner’s wages garnished for child support). You can use the Income Withholding for Support – Instructions (Form FL-196). When filling out Form FL-195, make sure to only write the last 4 digits of the social security number of the person ordered to pay support – the law requires it to protect their privacy.

    

4. If you are asking for spousal or partner support, fill out the applicable forms
   Fill out the forms that apply, if any, and attach to your Judgment (Form FL-180):
   • Spousal, Partner, or Family Support Order Attachment (Form FL-343);
   • Income and Expense Declaration (Form FL-150);
   • Earnings Assignment Order for Spousal or Partner Support (Form FL-435) (only if you are NOT also asking for child support). If you are asking for child support, you can include the spousal or partner support information for wage garnishments in Form FL-195. When filling out Form FL-435 or FL-195, make sure to only write the last 4 digits of the social security number of the person ordered to pay support – the law requires it to protect their privacy.

    

5. If you are asking for an order dividing your community property and debt, fill out the applicable forms
   Fill out the forms that apply, if any, and attach to your Judgment (Form FL-180):
   • Property Order Attachment to Judgment (Form FL-345);
   • Property Declaration (Form FL-160);
   • Pension Benefits — Attachment to Judgment (Form FL-348) (if you or your spouse or domestic partner has a pension plan). And read Retirement Plan Joinder — Information Sheet (Form FL-318-INFO) to find out if you need to join the pension plan to your divorce case and how to do that. Read the section on Property and Debt for more information on pension plans.

    

6. Fill out local forms, if required
   Some courts ask you to fill out local forms. Contact your court clerk’s office, check your court’s website, or talk to your family law facilitator or self-help center to ask about your court’s local forms for uncontested cases.
7. Have your forms reviewed
   Ask your court’s family law facilitator or self-help center to review your paperwork. They can make sure you filled it out properly before you move ahead with your case.
8. Make at least 2 copies of all your forms
   Make sure you include all the attachments and, if any are double-sided, that you photocopy both sides. One copy will be for you; another copy will be for your spouse or domestic partner. The original is for the court.
9. Turn in all your forms to the court clerk, with 2 large envelopes (with postage)
   Turn in your forms to the court clerk. The clerk will process your paperwork and give it to a judge to review.
   • If all of the judgment documents are completed correctly, the judge will sign the Judgment without either spouse or domestic partner having to appear in court.
   • If there is a problem with the documents, a court appearance may be necessary. Or you may just need to fix a mistake on your paperwork.

    

10. You receive your final judgment
    A court clerk will mail the Judgment and Notice of Entry of Judgment to each spouse or domestic partner, with the date that the judgment was filed stamped in the upper right corner.
    • Keep a copy of these forms in a safe place. You may need them in the future.

COMPLETING THE FINAL DECLARATION OF DISCLOSURE

You and your spouse or domestic partner may each have to prepare and serve a final Declaration of Disclosure at the end of your case. The final Declaration of Disclosure will use the same forms as the preliminary declaration and must have complete, up-to-date information.

You do NOT have to file a final Declaration of Disclosure if:

• You and your spouse  agree in writing to waive (skip) your final declarations of disclosure;
• You get a court order waiving receipt of the your spouse’s or domestic partner’s declaration of disclosure;
  OR
• Your spouse or domestic partner has not filed a response to your petition for divorce AND your spouse or domestic partner has not signed a written and notarized settlement agreement and/or a stipulated judgment.

If you both want to waive your final Declaration of Disclosure, you can use the Stipulation and Waiver of Final Declaration of Disclosure (Form FL-144). If you do not use this form, make sure your written agreement has very specific language about the waiver.

If you DO need to prepare a final declaration of disclosure, you need to fill out:

• Declaration of Disclosure (Form FL-140), which is a cover sheet for your declaration of disclosure;
• Schedule of Assets and Debts (Form FL-142); and
• Income and Expense Declaration (Form FL-150).
• And, as part of the declaration of disclosure, you must also write, on separate sheets of paper:
  • A statement explaining how you came up with your estimated value of all assets that are all or partly community property;
  • A statement listing values of the assets and debts that you and your spouse or domestic partner may be liable for; and
  • A list of your investment opportunities since you separated.

These are not court forms; use regular sheets of paper and write your case name and case number at the top. Attach them to your Declaration of Disclosure (Form FL-140).

Once you have sent your disclosure forms to your spouse or domestic partner, you need to fill out and file with the court:

• The Declaration Regarding Service of Declaration of Disclosure (Form FL-141), which tells the court you have sent your disclosure documents as required.

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1. 

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   November 27, 2012 at 5:51 am

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