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C- Finish an "Uncontested" Case

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An Uncontested Case is when:

1. 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, 

2. The couple agrees about all of the issues involved in their case, and

3. The person who did not start the court case (the respondent) filed a response with the court.  

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. 

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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.  Declaration of Service of Final Declaration of Disclosure
The person who started the court case (the petitioner) must fill out and file a Declaration of Service of Final Declaration of Disclosure (Form FL-141). Normally, this includes showing the court that you and your spouse or partner have exchanged up-to-date financial information with each other. To learn how to do this, click here

  • Declaration of Service of Final Declaration of Disclosure (Form FL-141) Opens new window
    See the instructions Opens new window for this form.

2.  Appearance, Stipulations and Waiver 
Either spouse or partner may compete and file an Appearance, Stipulations and Waiver form (Form FL-130). The person who completes and files this form must then serve the form on the other spouse or partner, and file a Proof of Service with the court.

  • Appearance, Stipulations and Waiver (Form FL-130) Opens new window

3.  Declaration for Default or Uncontested Dissolution
If you want your judgment approved by mail, without attending a hearing, each spouse or partner is to complete a Declaration for Default or Uncontested Dissolution form (Form FL-170). As part of this process, each spouse or partner must show that he or she completed the Preliminary Declaration of Disclosure, and then serve a copy of the Form FL-170 on the other spouse or partner.

  • Declaration for Default or Uncontested Dissolution (Form FL-170) Opens new window

4.  Judgment
Either spouse or partner may fill out and file the Judgment (Form FL-180).   It is important to note that the FL-180 form may have one or more attachments in addition to the original settlement agreement or Stipulation for Judgment form.

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

The person who fills out and files the FL-180 form must make two copies, including all the attachments. Then, he or she is to mail to take the original and two copies of each form (and the attachments) to the clerk to be filed. 

He or she must also give the clerk TWO 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.

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.

The divorce is final when the judge signs the 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 or Entry of Judgment (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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