DEFAULT DIVORCE CASE IN CALIFORNIA – STEP-BY-STEP INSTRUCTIONS – VIDEO #50 (2021)

DEFAULT DIVORCE CASE IN CALIFORNIA – STEP-BY-STEP INSTRUCTIONS – VIDEO #50 (2021)

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True Default Case

2nd of two tutorial videos explaining how to process a true default divorce case in California. This video explains the forms you need to fill out and file with the court when dealing with a true default divorce case.

We are assuming you have filed with the court your Summons; your Petition, and, if you have minor children, your UCCJEA Declaration. We are further assuming you have served your spouse with said papers, including a blank Response, which is FL-120. We are also assuming at least 30 days has passed since your spouse was served and your spouse has failed to file his or her FL-120 Response with the court. It is now time to take your spouse’s default.

Next, you need to file your “Proof of Service of Summons”, FL-115, before you can take your spouse’s default. After you have filed your Proof of Service of Summons, you will then need to fill out and file with the court a “Request to Enter Default”, which is FL-165.

You will need to attach to the FL-165 a copy of your Income & Expense Declaration, which FL-150.

You will also need to also attach to your FL-165 a form entitled, “Property Declaration”, which is FL-160. The FL-160 is very similar to the Schedule of Assets And Debts, which is FL-142, but the form also includes your proposal to the court for the division of your assets and debts.

Go the court to file your FL-165, together with all attachments. When you file your FL-165 with the court clerk, the clerk will enter your spouse’s default. The court clerk will make a note in the court’s file that your spouse’s default has been entered. This does not mean you have your divorce judgment. It merely means you can now process a proposed divorce judgment as a default judgment.

Prepare and serve your spouse with your Preliminary Declaration of Disclosure forms consisting of the Declaration of Disclosure cover sheet, which is FL-140, your Property Declaration, which is FL-160, your Income & Expense Declaration, which is FL-150, and your Declaration Regarding Service of Declaration of Disclosure And Income And Expense Declaration, which is FL-141.

Prepare your proposed Judgment of Dissolution of Marriage (FL-180). You will need to attach to your FL-180 the following: The Property Order Attachment To Judgment, which is FL-345 and the Spousal, Partner, or Family Support Order Attachment, which is FL-343. If you have minor children, then you will also need to attach the following forms: You will need to attach the Child Custody And Visitation (Parenting Time) Order Attachment, which is FL-341, and any of the additional child custody related forms you may have elected to include such as FL- 341(A), FL-341(B), FL-341(C), 341(D) and/or FL-341(E).

If you want child support orders, then you will need to attach to your FL-180 the Child Support Information Order Attachment, which is FL-342, together with your guideline child support calculation printout. If your divorce judgment is going to include child support provisions, you will also need to attach to the FL-180, the Notice of Rights And Responsibilities and Information Sheet On Changing A Child Support Order, which is FL-192.

After you have drafted your proposed divorce Judgment, FL-180, you will need to fill out the Declaration For Default Or Uncontested Dissolution, which is FL-170.

If your proposed judgment of dissolution awards you spousal support, or if it terminates your spouse’s rights to receive spousal support, or if you were married for ten years or longer, then you will also be required to attach to your FL-170 a form called, “Spousal Or Partner Support Declaration Attachment”, which is FL-157.

You will also need the Notice of Entry of Judgment (FL-190).

If you have minor children, you will also need the Income Withholding for Support (FL-195).

3 Comments

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  2. I don’t understand why they recommend to attach the forms which are not mentioned on the court website. It is specifically emphasized NOT to attach anything to 165…

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