A Default with Agreement case is when one spouse or partner filed and served on the other spouse or partner a petition for divorce or dissolution of a registered domestic partnership with a court summons, more than 30 days has passed since service of the Petition and Summons, and:
The other spouse or partner did not file a Response (Form FL-120 or Form FL-123), and
The couple agrees about all the issues involved in the case (people can submit a signed settlement agreement or show their agreement on the Petition
(Form FL-100 or FL-103), and
When you mail or take this form to the court clerk to be filed, you also have to give the clerk two stamped envelopes -- one addressed to each of the spouses or partners -- so that a copy of the filed Request can be mailed to both of you.
2. Declaration for Default
Any time after the Request to Enter Default has been filed and served, the petitioner must also fill out and file with the court a:
Declaration for Default or Uncontested Dissolution or Legal Separation
A copy of this form is to be served on the other spouse or partner. Then a Proof of Service form is to be filed at the court.
3. Final Disclosure
Normally, the court will need to see that the two spouses or partners have exchanged up-to-date financial information with each other. To learn how to do this, click here.
To complete the divorce process, the petitioner is to fill in and file with the court a:
Again, he or she must give the clerk two (2) stamped envelopes (one addressed to each spouse or partner) so that copies of the the final forms can be sent to each of them after they have been signed by the judge. for this form.
The divorce is final when the judge signs Judgment (Form FL-180)
A court clerk will mail the "Notice of Entry of Judgment" to each spouse or partner, with the date that the judgment was filed stamped in the upper right corner.
It is important that both spouses or partners keep their copy of the Judgment (Form FL-180) and Notice (Form FL-190) in a safe place. They may be needed in the future.
ALERT! When your Judgment is signed there is paperwork to do right away. To lean how to do this, please go to After You Get Your Judgment.