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IN CALIFORNIA DIVORCE, I filed and had served all divorce…

IN CALIFORNIA DIVORCE, I filed...
IN CALIFORNIA DIVORCE, I filed and had served all divorce forms including FL-150---FL-160---which is property, I then was able to file DEFAULT papers because EX did not reply, and now the court returned my paperwork stating about how not to put he said, she said in the accounting, yet did not return any accounting documents with my rejection pf paperwork, so what do I do now??? I thought default was default advise
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Answered in 8 minutes by:
10/26/2017
RayAnswers
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Category: Family Law
Satisfied Customers: 47,102
Experience: 30 years as a family law lawyer .
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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My Spouse/Partner DID NOT File a Response and We DO NOT Have an Agreement

This situation is called a “true default” because more than 30 days have passed since the petitioner (the spouse/partner that started the case) served the petition and summons, and:

  • The respondent (the other spouse/partner) did not file a response (so he or she “defaulted”),

    AND
  • There is no written agreement.

In this situation, the petitioner MUST follow these steps (after completing steps 1 – 4).

ou CANNOT file these final forms until at least 30 days have passed since you served your spouse or domestic partner with your summons and petition.

  1. Fill out your court forms
    Fill out these forms:
    • Request to Enter Default (Form FL-165);
    • Declaration for Default or Uncontested Dissolution or Legal Separation (Form FL-170);
    • Judgment (Form FL-180); and
    • Notice of Entry of Judgment (Form FL-190)

     

  2. If you are asking for custody orders, you can fill out any of the forms that may apply to your case
    Fill out the forms that apply, if any, and attach to your Judgment (Form FL-180):

     

  3. If you are asking for child support, fill out the applicable forms
    Fill out the forms that apply, if any, and attach to your Judgment (Form FL-180):
    • Child Support Information and Order Attachment (Form FL-342).
    • Income and Expense Declaration (Form FL-150) or a Financial Statement (Simplified) (Form FL-155);
    • Child Support Case Registry Form (Form FL-191);
    • Notice of Rights and Responsibilities — Health-Care Costs and Reimbursement Procedures and Information Sheet on Changing a Child Support Order (Form FL-192) (there is nothing to fill out with this form, but read it carefully);
    • Income Withholding for Support (Form FL-195) (if you want your spouse’s or domestic partner’s wages garnished for child support). You can use the Income Withholding for Support - Instructions (Form FL-196). When filling out Form FL-195, make sure to only write the last 4 digits of the social security number of the person ordered to pay support – the law requires it to protect their privacy.

    Child support can become complicated. Talk to the family law facilitator in your court for help with these forms and any questions you may have.

  4. If you are asking for spousal or partner support, fill out the applicable forms
    Fill out the forms that apply, if any, and attach to your Judgment (Form FL-180):
    • Spousal or Partner Support Declaration Attachment (Form FL-157) – this form is optional, but by using it, you can make sure you give the judge all the information he or she will need, by law, to make a decision about spousal or partner support.
    • Spousal, Partner, or Family Support Order Attachment (Form FL-343);
    • Income and Expense Declaration (Form FL-150);
    • Earnings Assignment Order for Spousal or Partner Support (Form FL-435) (only if you are NOT also asking for child support). If you are asking for child support, you can include the spousal or partner support information for wage garnishments in Form FL-195. When filling out Form FL-435 or FL-195, make sure to only write the last 4 digits of the social security number of the person ordered to pay support – the law requires it to protect their privacy.

    Spousal or partner support can become complicated. Talk to the family law facilitator in your court for help with these forms and any questions you may have.

  5. If you are asking for an order dividing your community property and debt, fill out the applicable forms
    Fill out the forms that apply, if any, and attach to your Judgment (Form FL-180):
    • Property Order Attachment to Judgment (Form FL-345);
    • Property Declaration (Form FL-160);
    • Pension Benefits — Attachment to Judgment (Form FL-348) (if you or your spouse or domestic partner has a pension plan). And read Retirement Plan Joinder — Information Sheet (Form FL-318-INFO) to find out if you need to join the pension plan to your divorce case and how to do that. Read the section on Property and Debt for more information on pension plans.
    • You will need to resubmit here with corrections.
  6. I appreciate the chance to help you again.Thanks
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Start over here and go step by step and resubmit the forms.It is not uncommon that you get reject letters stay after them here.

Thanks for rating 5 stars.

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RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 47,102
Experience: 30 years as a family law lawyer .
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Customer reply replied 6 months ago
I sent all these forms in, yet the court returned FL-180, FL-343, FL-345, which i understand but they are asking for a property order which is ????? its an unfiled 2336 judgement...my ex or husband never responded so it went thru default, i filed default, it took 10 wks to get answer, (above) my husband states any mail he gets will go into garbage can un-opened any good suggestions ??? but advise what property order is that they are requesting please and thank you for above answer...
Customer reply replied 6 months ago
Thank you for checklist, but if already submitted these forms do I have to resubmit forms I have already submitted that the court is not asking for all over AGAIN????
Customer reply replied 6 months ago
also this is a 'true default with no written agreement' as far as it goes no 'verbal' agreement!

No only need to submit them once. once is enough here.

Ask Your Own Family Law Question

also this is a 'true default with no written agreement' as far as it goes no 'verbal' agreement--thats correct here.

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