Fixing Rejected Divorce Judgments: A Comprehensive Guide

When it comes to divorce paperwork, the stakes are high. A single error can lead to the rejection of your judgment, causing delays and added stress. In this blog, we’ll explore common issues that can lead to rejected divorce judgments, using real-world examples to help you avoid these pitfalls. Let’s dive in!

Understanding Rejected Divorce Judgments

Divorce judgments can be rejected for a myriad of reasons. In a recent case from 2021 in Los Angeles County, a client faced rejection not once, but three times due to numerous errors in her paperwork. This isn’t just an isolated incident; these issues can occur in any California court. Understanding and addressing these errors is crucial for a smooth divorce process.

Common Issues Found in Divorce Paperwork

After a thorough review of the rejected judgment paperwork, I identified over ten significant issues that contributed to the rejections. Here are some key areas to watch out for:

1. Inconsistent Name Usage

One of the first issues I noticed was the inconsistency in how the client’s name was used throughout the documents. In some forms, her full name was listed as first name, middle name, and last name, while in others, only her first and last names were used. This inconsistency can lead to confusion and rejection.

The same problem occurred with the names of the children. They were listed in different formats across various forms, which can create significant issues in court. Always ensure that names are consistently presented in the same format throughout all documents.

2. Missing Attachments

An attachment was marked on one of the forms, but nothing was actually attached. This is a common error. If you’re required to submit an attachment, ensure that it is included. In this case, the petition indicated that there were separate properties listed, but none were actually detailed. This lack of clarity can lead to immediate rejection.

3. Incorrect Form Usage

Another critical mistake was marking the FL 160 box without attaching the actual form. The court expects this form to be included, and failing to do so can lead to rejection. If you indicate that you will provide a form later, it won’t be accepted; it must be included at the time of filing.

4. Confusion Between Default and Agreement

The client attempted to file for a default without an agreement but indicated otherwise on some forms, which confused the court. For example, on the Declaration for Default or Uncontested form, she marked it as amended when no amended petition was filed. This discrepancy can lead to significant complications.

5. Child Custody and Visitation Issues

When indicating changes in child custody or visitation, you must specify if there have been changes. Simply leaving this blank can cause rejection. In this case, the form was marked incorrectly, leading to further complications.

6. Spousal Support Misunderstandings

Spousal support can be a tricky area. In this case, the client marked to terminate spousal support for only one party, which could create confusion. It’s essential to clearly state the intentions for both parties regarding support to avoid misunderstandings.

7. Attorney Fees and Costs

Another issue arose from stating attorney fees when none were incurred. If you check this box, be prepared to specify the fees. Leaving it blank or unchecked can lead to rejection. The court needs to see clear information regarding any fees involved.

8. Judgment Package Errors

When it came to the judgment paperwork, there were several errors. For instance, the client submitted a cover sheet (Form 180) as the entire judgment instead of including the necessary detailed forms that outline the terms of the divorce. This oversight is a common mistake that can lead to rejection.

9. Address Changes

In this case, the respondent had moved to a different state after the filing. The client began using the new address without filing a change of address form with the court. This can lead to complications as the court relies on the address they have on file.

10. Final Disclosures

It’s crucial for both parties to complete preliminary disclosures. In this case, the respondent signed a waiver for final disclosures, but they still needed to complete the preliminary disclosure form. This is a mandatory step in the process.

How to Avoid Common Pitfalls

Now that we’ve covered common issues, here are some tips to help you avoid these pitfalls in your divorce paperwork:

• Be Consistent: Use the same format for names throughout all documents.
• Attach Required Forms: Double-check that all required attachments are included when filing.
• Understand Default vs. Agreement: Be clear about whether you are filing for a default with or without an agreement.
• Specify Changes Clearly: Clearly indicate any changes in child custody or visitation.
• Provide Accurate Financial Information: Be transparent about any attorney fees or spousal support obligations.
• Review the Judgment Package: Ensure all necessary forms are included in the judgment package.
• Notify the Court of Address Changes: File a change of address form if either party moves during the process.
• Complete Preliminary Disclosures: Ensure both parties fulfill their disclosure obligations.

Why Seek Professional Help?

Half of my business comes from clients who have had their judgments rejected or who find themselves stuck in the divorce process. Many people believe they can handle their divorce paperwork on their own, but as we’ve seen, the process can be complex and fraught with potential errors. Seeking professional help can save you time, stress, and money in the long run.

If you find that your divorce judgment has been rejected, or if you’re feeling overwhelmed by the paperwork, don’t hesitate to reach out for assistance. I offer full-service support to help you navigate the system and ensure your paperwork is in order.

Final Thoughts

Dealing with a rejected divorce judgment can be frustrating, but understanding the common pitfalls can help you avoid the same mistakes. Remember to be meticulous with your paperwork and consider seeking professional guidance if needed. Your peace of mind is worth it!

For more tips and insights on divorce paperwork and processes, be sure to subscribe to my channel and stay informed. Together, we can make the divorce process as smooth as possible.