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DIVORCE JUDGMENT CHECKLIST OF FORMS CALIFORNIA - VIDEO #47 (2021)

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8TH video in a 9 part series of tutorial videos on how to draft and process a divorce judgment in California. This video includes a checklist of all the forms you need to file with the court when you submit your Judgment of Dissolution FL-180.

You will need the following:

1. Proof of Service of Summons, which is FL-115. If you served the Summons and Petition by using the Notice and Acknowledgment of Receipt form, which is FL-117, then you will need to attach the FL-117 to your FL-115.

2. Declaration Regarding Service Of Declaration Of Disclosure And Income And Expense Declaration, which is FL-141. This is the form that proves to the court that you served your Preliminary Declaration of Disclosure documents on your spouse. You will need two of these forms. One signed by you and one signed by your spouse confirming that you each did your Preliminary Declaration of Disclosure and gave the other spouse a copy.

3. Stipulation And Waiver of Final Declaration of Disclosure, which is FL-144. If you and your spouse did not stipulate to waive the exchange of your Final Declaration of Disclosure documents, and you both actually filled out Final Declarations of Disclosures and served each other, then instead of the FL-144, you will use the FL-141, which is the Declaration Regarding Service.

4. Declaration For Default Or Uncontested Dissolution, which is the FL-170. Only one party needs to fill out this form.

5. You and your spouse may want to also file with the court your respective Income And Expense Declarations, which is FL-150. Not all courts require you to file an Income and Expense Declaration. However, it’s a good practice to file the FL-150 forms, particularly when child support and/or spousal support are part of the settlement.

6. FL-180 Judgment of Dissolution with either a Marital Settlement Agreement attached; or, if you used the Judicial Council forms approach, your FL-180 will need to have attached all of the Judicial Council court that you used to spell out your settlement agreement regarding the division of assets and debts, custody, and support. If you used the Judicial Council forms approach, don’t forget to attach to your judgment the “Stipulation For Entry of Judgment” form. If you have minor children and your judgment includes child support provisions, you will also have to attach to the judgment the “Notice of Rights And Responsibilities”, which is FL-192. Finally, as we previously mentioned, if your judgment includes child support provisions, you should also attach a copy of the computer printout that shows how the amount of child support was calculated.

7. Notice of Entry of Judgment, which is FL-190.

8. If your judgment includes child support provisions, some counties will require you to submit with your judgment the “Income Withholding For Support “ form, which is FL-195. Not all counties require the FL-195. It is best to be safe and just submit the FL-195 with your judgment. If your judgment does not include child support, but does include spousal support, and you want a wage assignment for spousal support, then submit the FL-435 form with your judgment.

9. Appearance, Stipulation And Waivers, which is FL-130. You will not need this form if you are processing your judgment as a “default with an agreement” or as a “true default”. Nor will you need this form for a contested divorce. You only need this form if you have an uncontested case. If your spouse is using the FL-130 form to make his or her “appearance” in the action, then you will need to include a check payable to the Superior Court in an amount equal to his or her “first paper” filing fee, which is currently $435, unless your spouse has previously completed the fee waiver forms, which are FW-001 and FW-003, and qualified for a fee waiver.

10. “Request To Enter Default” form, which is FL-165. If you are processing your case as an uncontested case, you do not need this form. You only need the FL-165 if you are processing the case as a “default with an agreement”case or as a “true default” case. If your case was contested and went through a trial, you will not need the FL-165.

Видео DIVORCE JUDGMENT CHECKLIST OF FORMS CALIFORNIA - VIDEO #47 (2021) канала Free Divorce
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2 марта 2020 г. 9:51:19
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