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B- Finish a "Default with Agreement" Case

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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:

  1. The other spouse or partner did not file a Response
    (Form FL-120), and
  2. 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), and
  3. Both spouses or partners have signed and had notarized a
    Settlement Agreement, Sobre las Páginas del Glosario or a Stipulation for Judgment. Sobre las Páginas del Glosario
SPECIAL NOTE: A default judgment ends the other spouse's or partner's chance to file a response.

NOTE: You may not need all of these forms. Or you may need more forms. If you're not sure which forms to use, talk to your Family Law Facilitator Opens new window or a lawyer. 

For help in getting low-cost legal aid, click here. Opens new window

For help finding local court forms you may need, go to your county's court website: click here. Opens new window

In this situation, the divorce can be finished by taking the following steps: 

1.  Request to Enter Default
Thirty (30) or more days after one spouse or partner had copies of the Petition and court Summons served on their spouse or partner, they can file a:

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
    (Form FL-170) Opens new window
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.

4.  Judgment 
To complete the divorce process, the petitioner is to fill in and file with the court a:

  • Notice of Entry of Judgment (Form FL-180) Opens new window

Attach to the Judgment the original written "Settlement Agreement" or "Stipulation for Judgment".

Make two copies of the completed Form FL-180, including all the attachments. Then, mail or take the original and two copies of each form (and the attachments) to the clerk to be filed.

SPECIAL NOTES:
    • If child support is assigned to the Department of Child Support Services (DCSS) for collection, the judgment must include the signature of the DCSS attorney before it is submitted to the court.
    • Signatures of all persons acting without an attorney  must be notarized.

 5. Notice of Entry of Judgment 
At the same time as the Judgment is filed, the petitioner is to fill in and file with the court a:

  • Notice of Entry of Judgment (Form FL-190) Opens new window
    See the instructions Opens new window for this form.

    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.

If you have to go to court, please go to Step 7: If You Have a Hearing.

 

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