HOW TO PROCESS A TRUE DEFAULT DIVORCE CASE CALIFORNIA - VIDEO #49 (2021)

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First of two tutorial videos on how to process a true default divorce case in California. This video explains how most of the court forms and court procedures covered in earlier videos on uncontested divorce cases also applies to true default case, however, you want to fill out your divorce Petition (FL-100) differently.

Assume you want to process your divorce as an uncontested divorce, but your spouse refuses to cooperate. He or she won’t negotiate with you. Perhaps your spouse does not want the divorce and hopes that if he or she stalls, you will eventually reconcile. Perhaps your spouse is angry that you want a divorce and seeks to punish you by refusing to cooperate in any way. What do you do? You can take your spouse’s default and have the court issue a “true default” divorce judgment.

In order to process a true default case, you need to follow most of the same procedures and fill out most of the same court forms described and explained in our earlier videos dealing with uncontested divorces.

To start a “true default” case, you file with the court the same court forms that we discussed in our “Initial Filings” video for other types of divorces. I’m referring to the Summons, which is FL-110, the Petition, which is FL-100, and, if you have minor children, the UCCJEA, which is FL-105.

In a true default case, just like in an uncontested case, you will need to fill out the various court forms that make up your “Preliminary Declaration of Disclosure” and then serve your spouse with your Preliminary Declaration of Disclosure documents.

In a true default case, just like in an uncontested case, you will need to get educated about the law, before you move forward with the divorce. You need to watch our "Getting Educated" video series.

In order to process a true default case, you will need to prepare a Judgment of Dissolution of Marriage, which is FL-180.

If you know your spouse won’t cooperate before you even start the divorce process, then you want to fill out the divorce petition (FL-100) a bit differently than you would if your spouse is going to cooperate. You want the divorce petition to state, in as much detail as possible, exactly what orders you want the divorce judgment to include. If you do this, it will make it far less likely that your spouse will be able to set aside the divorce judgment.

If your Petition is a bit vague as to what you are requesting in terms of a judgment because you didn’t expect your spouse to default, one option is to file an amended Petition so it includes more detailed requests or has a proposed Judgment of Dissolution attached as an exhibit, and then re-serve your spouse with the amended Petition.

Видео HOW TO PROCESS A TRUE DEFAULT DIVORCE CASE CALIFORNIA - VIDEO #49 (2021) канала Free Divorce