How To Prepare True Default Divorce | Santa Clarita

When navigating the divorce process, understanding the different pathways to finalize your case is crucial. For those facing a situation where the other party does not respond or participate in the divorce proceedings, a true default divorce might be the route you need to take. This guide, inspired by Tim Blankenship, owner of SCV Legal Doc Assist, breaks down exactly how to prepare your judgment in a true default divorce case, specifically tailored for Santa Clarita residents.

What Is a True Default Divorce?

A true default divorce occurs when the petitioning party files for divorce, but the other spouse neither files a response nor agrees to any written settlement or stipulation. In other words, the respondent is completely uninvolved — they do not answer the petition, nor do they participate in negotiating or signing any agreements related to the divorce.

This scenario requires a specific set of forms and procedures to finalize the divorce judgment, different from cases where both parties cooperate or contest the divorce.

Understanding the Four Ways to File Final Judgment Paperwork

There are four distinct ways to file your final judgment paperwork in a divorce case, each dependent on what has transpired so far:

• If the other party filed a response and there is a written agreement.
• If the other party filed a response but there is no agreement.
• If the other party did not respond but signed a stipulated judgment.
• If the other party did not respond and will not sign any agreement — the true default case.

Today, we focus on the last category: the true default case, where the respondent is completely absent from the process.

The Legal Steps Before Filing Your Default Judgment

Before you can file for a default judgment, there are important procedural steps that must be completed. Tim outlines these using the court’s legal framework:

1. File your initial divorce forms.
2. Serve the forms to the other party.
3. File and serve disclosures and financial information.
4. Wait 30 days after serving the forms (Step 2) before filing the default judgment.

It is critical to wait the 30-day period after service to ensure the other party has had sufficient time to respond before proceeding.

Required Forms for a True Default Divorce Judgment

Preparing your judgment paperwork correctly is key to avoid delays or rejection by the court. Tim uses a detailed checklist to keep track of the necessary forms when submitting a true default divorce judgment. Here’s what you will need:

• Proof of Service of Summons – Evidence that the divorce paperwork was properly served to the other party.
• Request to Enter Default (Form FL-165) – A formal request asking the court to enter a default due to non-response.
• Two Self-Addressed Stamped Envelopes – One for you and one for the other party, for court correspondence.
• Petitioner’s Declaration Regarding Service of Preliminary Declaration of Disclosure (Form FL-141) – Confirmation that all required financial disclosures were served.
• Declaration for Default or Uncontested Divorce – A statement affirming that the case is uncontested due to the respondent’s lack of participation.
• Judgment Form – The actual divorce judgment document for the judge’s signature.
• Notice of Entry of Judgment (Form FL-190) – Official notice that the judgment has been entered by the court.

Tim emphasizes that these forms are the foundation, but additional attachments may be necessary depending on your specific case details, such as:

• If minor children are involved, additional child custody and support forms are required.
• If spousal support is part of the judgment, there are extra forms related to that.
• For property division, property declarations and orders must be included.

This can quickly become complex, so having a checklist and understanding each form’s purpose is invaluable.

Tips for Successfully Filing Your Default Judgment

Because filing final judgment paperwork in a default divorce can be confusing, here are some practical tips to keep things on track:

• Use a Checklist: Mark off each form as you complete it to ensure nothing is missed.
• Follow Court Instructions Carefully: Courts have specific requirements on how forms should be filled out and submitted.
• Prepare Additional Forms When Necessary: Don’t overlook attachments related to children, support, or property.
• Wait the Required Timeframes: Filing too early can result in your judgment being denied.
• Consider Professional Assistance: The paperwork can be overwhelming, so consulting a licensed legal document assistant or attorney can save time and reduce errors.

Conclusion

Preparing a true default divorce judgment requires careful attention to detail and strict adherence to legal procedures. When the other party does not respond or cooperate, you must follow specific steps and file the correct forms to successfully finalize your divorce.

If you need guidance or assistance, reaching out to experienced professionals like Tim Blankenship at SCV Legal Doc Assist can make the process smoother and less stressful. Having a reliable checklist and knowing what forms to prepare is half the battle won.

For Santa Clarita residents facing a true default divorce, understanding these steps can empower you to move forward confidently and efficiently.