California Divorce Judgment Rejected New Rules On Defaults
Today, we are talking about an issue that’s come up. A change as it pertains to divorce judgments so this is when you’re submitting your California Divorce Judgments where you talk about one of the issues that are coming up. It’s a new policy with the courts.
I had a client come in who attempted to do their divorce case on their own in California and they had several issues, they had a lot of issues come up and their judgment was rejected and there’s something new that we noticed on this reject sheet.
In that, there were some new policies if you will, regarding the final judgment.
So this is going to be regarding a default judgment. A default is when you filed, there was no response. You filed a request to enter default, the default was entered and then you submitted your judgment without the other party’s involvement or signature.
What they’re asking that you do now is, you probably recall when you file your initial financial disclosures, you had to file incoming expense and schedule of assets and debts and then you had to file a form FL-141 and indicate you had served your preliminary declaration of disclosure.
That used to be all the courts required, as far as the disclosure is concerned on defaults. Now, what they’re asking for is that you either submit your final declaration of disclosure, which means you have to do everything, your final disclosures all over again or to submit a waiver. And the waiver would be done on the 141 as well.
What you’ll do with that 141 is you’ll just mark the petitioner’s final declaration of disclosure and then you can go down to the bottom, number 4. And there’s a box where you can waive yours and the respondents completion of the final declaration disclosure.
And the reason that you’re going to mark is that because there is no stipulation or in agreement and that the judgment is being entered by default.
So, keep that in mind on the default judgments, it’s apparently a change, a recent change and then we’re talking this is now September 12, 2013.
One more thing that you’ll go on, make sure that you either do your final disclosures or waive the final disclosures.
Tim Blankenship, divorce661.com.
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