Filing Your Divorce Judgment with Default in California | California Divorce

Posted by Tim Blankenship on

 

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.

 

California Divorce | True Default vs. Default Divorce With Agreement

Posted by Tim Blankenship on

There is still some confusion on the best way to prepare your California divorce.  We will discuss the pro’s and con’s of the “True Default” vs. “Default With Agreement” divorce cases when filing your Amicable California Divorce.

If you are going through an amicable divorce in California, there may be a good reason to not file a Response to your California Divorce .

What Happens If You Don’t Respond To Divorce Summons & Petition?

First, lets discuss what happens when you don’t respond in a California Divorce.  Per the summons, it says you have 30 days to respond after being served the divorce papers.  It further states that if you do not respond, the Court and the other party can make decision about the divorce without you.

But What If You Are In Agreement?

But what if you are working on an amicable divorce and you are mostly in agreement.  Is there any reason you need to file a Response which will cause you to have to pay the Response fee and double the cost of your divorce?

We say that if you are working on an amicable divorce in California you do not need to file a Response and can choose to do either a “True Default” or “Default With Agreement” style divorce.

What Is A True Default Divorce?

A True Default divorce is where one party files and served the other.  Then the other party does absolutely nothing.  They don’t respond and they don’t participate at all.  There are pro’s and Con’s to this.

Pro’s to True Default Divorce:

  1. Useful when the other party does not respond
  2. Easy way to conclude case if no property, no kids, and short term marriage.
  3. Can use “strategic default” meaning we purposely default the other party even if they planned to cooperate.

Con’s To True Default Divorce:

  1. Community property must be evenly divided (even is it is an unfair division)
  2. Must file property declaration which become public record
  3. Defaults are scrutinized by the Court
  4. May require a default hearing (you might have to go to court)

What Is A Default With Agreement Case?

A default with agreement divorce cased is still a default.  It is different than the True Default in that the other party is going to participate. They are not going to Respond, but they are going to do all the paperwork (as if they Responded) and enter into a written agreement with you.

Pro’s To Default With Agreement Case:

  1. Easy to get approved because Court knows both parties were involved.
  2. No public record of property.
  3. No filing free necessary from Respondent.
  4. You will enter into a written agreement.
  5. Not necessary to have equal division of property.

Which Way Should You Go?

Each divorce case is different, but I would say if you can get your spouse to enter into a written agreement, it is better.  If you have children or property, you may want to try for the default with agreement and use the True Default as a last resort.  Why not, if it does not cost anymore to do it.

The true default might be better if you know your spouse will not be involved and not sign anything.  You can have them served and them they are no longer needed.

If you don’t have any property, no children and a short term marriage, you may choose to file the true default from the get-go.

Again, your specific circumstances will dictate the best way to go.

If you have any questions about the California divorce process, please give us a call.  We specialize in California divorce and can help you determine if filing a True Default or a Default With Agreement might be the best way to go. We serve all of California.