Defaulting when you agree with everything requested in the petition

#1

Are there any reasons to respond to the petition when I agree with everything requested in the petition?

No children, no separate property to be confirmed, no community property to be divided, and no spousal support requested from either sides. We are both in late 20’s and were married for only 9 months.

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#2

As a general rule, I’m not a fan of default judgments, but there are always exceptions to the rule. In a case where there is no disagreement and minimal risk for loss of legal rights, a default may make more sense for you. Given the short length of your marriage, you might want to consider a summary dissolution, which is a joint filing.

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#3

I am in the same situation. I have been married for only 6 months and own a house with my spouse (bought prior to marriage). We have agreed on the division of property (house, furniture, etc) and will have a divorce agreement notarized detailing how the house will remain with him once I am paid half the profit of the house (minus the mortgage balance). So I have a few questions:

  1. In the form FL-100, the house is technically not personal property (because both of us own it equally) and it is also not community property because it was bought nearly 2 years before we got married. Is this a correct statement?
  2. We want the divorce agreement to dictate how the property is divided between us. Do we check “a” for lines 9 and 10 in FL-100?
  3. How do you incorporate the Divorce agreement in FL-100? Line 11 for “Other Requests”?
  4. IF the petition I file states exactly what both myself and my spouse wants (no court dividing property but instead having the divorce agreement decide that, and have it incorporated into the divorce decree for tax reasons somehow), then he doesn’t even need to respond to the petition in order for the divorce to be granted correct?
  5. What is a summary dissolution?

Thank you for any help!

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#4
  1. The house is separate property, with each of you having a separate interest in it.

  2. No.

  3. The divorce agreement cannot be incorporated in the Petition. The Petition is a stand-alone document. You can mention the agreement and request that the court adopt your agreement as part of your final divorce decree (formally called a Judgment) in #11, but it is not a requirement.

  4. A Response is not required to obtain a divorce judgment.

  5. It is a type of divorce filing that is only applicable for a smart number of couples who have no children together or real estate, minimal assets and debts, and a marriage of under five years. Since you own a home, you do not qualify.

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#5

Thank you for your quick reply!

My second question to you, you answered “No”. What is the benefit of choosing “b” for lines 9 and 10 for separate and community property in FL-100 if we both wish to have a default uncontested, no response, and will have the divorce agreement notarized and signed before I file FL-100.

If “b” is selected, exactly what does that mean? Specifically for a default divorce? If no response is given following the Petition, what other paperwork is required from the Petitioner and Respondent?

Thank you thank you! Your help is greatly appreciated and your videos helped sooo much!

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#6

It’s not a matter of benefit, but rather that of reality. You DO have property that exists, needs to be divided, and confirmed as either separate or community. That you have an agreement is smart and commendable, but that does not change the fact that you are asking the judge to make orders regarding your property (exactly what “b” states). Regardless of whether or not there is an agreement, it is the judge who makes orders.

Here is a checklist of the “minimum” forms required for a default divorce:

You MAY have additional forms required by your local county of filing.

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