DIVORCE JUDGMENT FL-180, ADDITIONAL COURT FORMS YOU MUST FILE WITH COURT -VIDEO #45

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Sixth in a 9 part series of tutorial videos on how to draft and process a divorce judgment in California. This video explains the additional court forms you must file with the court clerk when you submit your Judgment of Dissolution depending on whether it is an uncontested case or a "default with an agreement" case.

After you have your divorce judgment assembled, meaning the FL-180 and all the attachments, you will still need more court forms before you can submit your proposed judgment to the court. These additional court forms are not attached to your judgment, but are submitted to the court clerk at the same time you submit your judgment.

The additional forms you will need will depend on how you elect to process your judgment (uncontested case; default with an agreement case; true default case; or contested case).

A lot of the additional court forms you will need to submit with your divorce judgment are going to be the same, regardless of whether it’s an uncontested case, a default with an agreement case, a true default case, or a contested case.

Then, there are some forms that are only submitted with certain types of cases. For example, there is a form called “Appearance, Stipulations And Waiver”, which is FL-130. You only need this form if you have an uncontested case.

Making an “appearance in the action” means you submit to the jurisdiction of the court. The Respondent can make an appearance in the action in one of two ways. One way is for the Respondent to file his or her Response form with the court. The Response form is FL-120.

If the Respondent has not already filed his or her FL-120 with the court, then they can make an “appearance in the action” by filing a court form called, “Appearance, Stipulations And Waivers”, which is FL-130.

If you are processing your divorce judgment as a “default with an agreement” or as a “true default”, you can skip the FL-130.

A “default with an agreement” case is a situation where you have been able to reach an agreement with your spouse on all issues. Your spouse is cooperating with the divorce process. Your spouse has not made an “appearance” in the divorce action by filing an FL-120 Response form with the court and you are going to process the judgment as a default for the sole purpose of saving the “first paper” filing fee that your spouse would have to pay if he or she made an “appearance” in the action.

How do you apply to enter your spouse’s default? You fill out a form called, “Request To Enter Default”, which is FL-165. You can find the FL-165 in our Court Forms Database.

After you have filled out the FL-165, prepare an envelope addressed to your spouse. Put postage on the envelope. The return address on the envelope should be the address for the clerk of the court, and by that I mean the address of the court where you filed your divorce petition. Make two copies of the FL-165. Then, staple the envelope to one of the copies of the completed FL-165. If you wish, you can take the completed FL-165 to the court and file it at this time. The court clerk will enter your spouse’s default and mail a copy of the “Request To Enter Default” to your spouse, using the envelope you have provided.

The rest of the court forms you will need to submit to the court along with your judgment are discussed in the next video.