HOW TO PROCEED BY DEFAULT
HOW TO PROCEED BY DEFAULT
[IF A RESPONSE HAS BEEN FILED – GO TO NEXT PAGE]
| TRUE DEFAULT | DEFAULT WITH AGREEMENT |
|---|---|
|
If NO RESPONSE is filed and there is NO AGREEMENT within 31-45 days of serving Respondent: 1. Complete the following forms: q Request to Enter Default FL-165 q Request for Default or Uncontested Dissolution or Legal Separation FL-170 q Waiver of Final Declaration of Disclosure VN131 q Judgment (Family Law)* FL-180 q Notice of Entry of Judgment FL190 *attach the necessary forms for: Child Support (FL-342) with a ‘Dissomaster’ print out attached Child Custody (FL-341) Spousal Support (FL-343) Property and Debts q 2. Make three copies of all of the above. q 3. Prepare or purchase from the Clerk three stamped envelopes. Two are to be addressed to the Respondent and one to you. q 4. Present all of the above and the envelopes to the Clerk of the Court [In Room 208, in Your documents will be processed and you will received the signed, filed copies in the mail. You must submit a Final Judgment to be divorced. The date your marriage ends will be entered on The Judgment by the Clerk |
IF NO RESPONSE is filed and you and the
other party have come to an AGREEMENT
within 31 - 45 days from service:
q 1. Complete all of the forms as specified in the column to the left without the attachments to the Judgment. q 2. Prepare a Marital Settlement Agreement. You may use the pre-printed form included in the Final Judgment Packet or prepare your own. q 3. Attach the Marital Settlement Agreement to the Judgment. The Respondent’s signature MUST be notarized. q 4. Follow steps 2 – 4 in the column to the left. If you have children, the Judgment must include an order regarding child support and child custody and visitation. If the Child Support Agency is collecting child support, you cannot make a new order for child support. You must refer to that case name and number in the Judgment. In either case, if the Default is not filed within 130 days of service, the court will set a hearing to dismiss your action for failure to proceed. |
Either party may file to get
orders for custody, visitation or support at any time after the Petition is filed. If you want orders issued by the Court before your case is Final, you should speak to an attorney or the Family Law Facilitator in your area.