Filing Your Divorce Judgment with Default in California
When navigating a divorce in California, many individuals find themselves confused about the process, especially when it comes to filing default papers and judgments. In this blog, we’ll clarify how to file for divorce when one party doesn’t respond, and how you can streamline the process to save time and money.
Understanding Default Divorce Judgments
A default divorce judgment occurs when one spouse does not respond to the divorce petition. This means the spouse who filed the divorce can proceed without the other’s participation. It’s essential to understand that you can file your default papers and your divorce judgment at the same time, which can significantly speed up the process.
In California, the law allows you to submit your divorce judgment immediately after the 30-day waiting period following the service of the divorce papers. This is particularly beneficial for those who are amicable and can agree on the terms of the divorce without the need for extensive court proceedings.
The Benefits of a Hybrid Divorce
When we handle divorce cases, we often utilize a hybrid approach. This hybrid method allows both parties to be involved in the process, even if one party does not formally respond. By doing so, we can save money as the non-responding party avoids court fees.
During the 30 days after service, we gather all necessary documents, including:
- Preliminary Declaration of Disclosure for both parties
- Judgment paperwork
- Marital Settlement Agreement
On the 31st day, we submit the judgment and the request to enter default simultaneously. This approach allows everything to be processed together, leading to a quicker resolution.
The Filing Process Explained
After submitting your paperwork, the court will review the file to ensure everything is in order. They will first enter the default, followed by the judgment. This process is typically completed on the same day, which is a great advantage for those looking to finalize their divorce quickly.
It’s important to remember that you do not have to wait the standard six months to submit your judgment. By filing both the default and the judgment at the same time, you can significantly reduce the time it takes to finalize the divorce.
Common Misconceptions
One common misconception is that you must file the default papers separately from the divorce judgment. This is not the case! You can and should file them together to streamline the process. Many individuals mistakenly believe they need to wait for the default to be approved before submitting their judgment, which is not necessary.
How We Can Help
At Divorce661, we are a full-service divorce paralegal firm specializing in California divorce cases. We assist clients throughout the state by preparing and filing all necessary forms, including:
- Marital Settlement Agreements
- Child Custody Orders
- Child Support Orders
- Spousal Support Orders
- Property Division Orders
We also utilize Dissomaster software, which is the same tool used by the courts, to help determine accurate child support and spousal support figures. This ensures that all calculations are fair and in accordance with California law.
Next Steps in Your Divorce Process
If you’re considering filing for divorce or have already started the process but are feeling overwhelmed, don’t hesitate to reach out for help. We can step in at any point in your divorce journey. Whether you’ve just begun or are facing issues with your judgment, we can review everything, fix any problems, and resubmit your paperwork.
Our full-service divorce process starts at just $699, making it an affordable option for those looking to navigate their divorce without the stress of handling everything alone. Call us at 661-281-0266 for a free phone consultation.
Conclusion
Navigating a divorce can be complex, but understanding the process of filing a default judgment can simplify things significantly. By filing both your default and judgment at the same time, you can expedite the process and avoid unnecessary delays. Remember, you don’t have to go through this alone. With the right support, you can move through your divorce smoothly and efficiently.
For more information or to schedule your consultation, visit our website at divorce661.com. We’re here to help you every step of the way.