How to proceed in Default case with Agreement

#9

Yes, the forms must still be filed.

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#10

I recently filed a default as well as all the forms that go with it. FL170, FL 180-FL190. I got a letter from the court stating "you may need to amend your petition due to omitting statistical facts (when married and when seperated). Does this mean i will have to refile a brand new petition which includes the missing information and reserve my estrange husband? as well as re file the request to enter default? I also heard I may have to ask the court for permission. Can you offer any guidance or answers. Any is appreciated. Thank you.

#11

Yes, you’ll need to file what is known as an “Amended Petition” and “Summons.” Assuming you have not yet amended your pleadings, you do NOT need the Court’s permission for the first amendment. Subsequent amendments will require the Court’s permission. You will then need to serve him again and wait an additional 30 days before taking his default again. You should strongly consider having someone look over your amended pleadings before filing them again, to make sure you have them complete and correct.

#12

Hi Cristin,

quick question. I am about to file for default with agreement. I have the 4 forms (FL-165, 170, 180 and 190) filled out. Will I need the signed and notarized MSA when filing those documents, or can I file them and submit the MSA some other day?

Thanks so much,
Chriss

#13

Hi Chriss,

You will want to attach your MSA to FL180 - that is what makes it a “complete” divorce judgment, and on page 2, you’ll check the applicable boxes for “settlement agreement, stipulation for judgment, etc.” While technically you can file them separately, it doesn’t make sense to do so.

#14

Thanks so much for the prompt response and additional information. Another question regarding pg 1 #3. I checked a) and added the date when my spouse signed the acknowledgement of receipt (I had the all the papers sent via USPS). That should be correct, right?

second question, pg. 2 letter I.
Do I check number (2) and (4), or just number (4)? My spouse and I have agreed that no-one is going to pay spousal support.

Thanks again!
Chriss

#15

  1. Yes, the date your spouse signed the Notice and Acknowledgment of Receipt is the date of service.

  2. I customarily do both. But that’s also because I address the termination in my attachment (MSA or stipulated Judgment). If it’s not part of your MSA, you would only check #2.

#16

Now I have another quick question. Since we do have the MSA, will I still have to go through all the default with agreement steps (FL165,170,180,190…), or can we just submit the MSA and receive the final judgement based on that?

Thanks so much,
Chriss

#17

The MSA is NOT a divorce judgment. You will need to go through all of the proper steps to obtain a final judgment.

#18

Hi Cristin,

My spouse and I were also in an agreement and had drafted an MSA (a few weeks after I had filed for divorce and she acknowledged the receipt of the paperwork). Meanwhile we sold our house, sold the vacation home and split the money from the sales evenly. We pretty much got rid of everything or divided it appropriately. We both live in separate rentals now. Both of us have our own individual accounts where the paychecks drop in.
Besides two cars (bank owned) we don’t own anything together anymore. Credit Cards and loans have been paid off as well. However, now my spouse decided not to sign the MSA anymore.
I will have to proceed with a default without agreement.

My questions are in regards to the FL160. We obviously did have a lot of items listed prior to filing and her acknowledging that I want a divorce. Now, at the time of filing for default, we don’t own or owe anything together anymore. Also, I don’t have access to her bank accounts or credit cards, so I can’t say anything about her savings and debts.
Do I leave those areas all blank, or do I just put in my very own data and the court will get my spouse’s financial information directly from her to make a final judgement?

Thank you so much for your help!
Best,
Hans

#19

Hi Hans,

If I understand correctly, you filed for divorce, reached a verbal agreement with your spouse, and then you divided assets in accordance with your agreement, but you did not sign a written agreement or do your financial disclosures.

If that is the case, you can certainly try for a default judgment, but you have to remember that there is no agreement. That means that you have to look at things as of date of separation and prepare your paperwork accordingly. You may not presently own anything together, but as of date of separation, you certainly did. Your FL-160 should reflect what existed as of separation, as well as what you did with the division of the assets, as I assume that is also your proposal for division and what you want the court to order.

#20

Cristin,

Thanks so much for the prompt response. This information is very helpful!

#21

Good Morning Cristin,

Quick question to the form FL-342. Entering the base amount of child support in number 6, does this already include the mandatory costs in 6b?
For instance, according to the guideline formula, I’d have to pay my spouse less than 50% of the actual costs (day care plus health insurance). However, I’d like to pay 50% of that those costs. The rest will be shared 50/50 whenever costs come up (uninsured heath care costs, education, sports etc).

Let’s say I put $800 in line 6a (again, this amount covers 50% of the monthly recurring costs and will be the final amount)
In line 6b I’d put 50% Petitioner and 50% Respondent, but leave the amount blank or do I put the the dollar amounts for the daycare expenses in (equally split) and subtract this amount from the $800 in line 6a?
6c and 6d will also be 50% for both, but no amounts since those are unpredictable but once costs occur, they’ll be shared 50/50.

Thanks so much for your input.

#22

Good morning,

Regarding form FL-342, 6a (base child support) does NOT include the mandatory costs. That amount represents the total monthly base child support you pay. For add-ons, you would simply check 6b, 6c, and 6d for the 50% boxes, since those amounts are not predictable.

#23

Got it!
I read 6b as if this was the regular (Mon-Fri) child care expense like Kindergarten. That’s why I got confused.

Thanks a lot for the prompt response.

#24

Hi Cristin:

I watched your family law videos on YouTube. I want to thank you that it was very helpful and informative. It helps prose litigants like myself.

I would appreciate if you can answer this general question regarding FL-141.

  • When do you file the FL-141 (after the other party is served?).

*Do I put the date the document was actually received by the other party or the date when I file the FL-141 at the court?

  • You said FL-141 and FL-150 are filed with the court (are they filed at the same time or the FL-150 is filed along with the initial petition containing the summons etc: FL-100, FL 110)? I thought the 150 (Income & Expense Declaration is filed at the beginning of the case).

  • You didn’t mention FL-160. Is this Form to be filed with the court or just served to the other side just like FL-140 & FL-142?

Thank you very much!

#25

Question #2:
I have not served the other party the original Divorce petition within 60 days (served him 3 months after case was first filed). So, is the service defective, if so do I have to refile and resubmit the petition again?

#26
  1. When do you file FL-141?

AFTER the other party is served. The date you serve is the date you enter on the form. So for example, if you mail the documents on 12/10, you put down 12/10.

  1. When is FL-150 filed?

FL-150 can but does not need to be filed at the time your petition and summons (FL-100 and FL-110) are filed. If you did so, then assuming you filed your FL-150 within the last 90 days AND no material changes to your income or expenses have occurred, then you do NOT need to file a second FL-150.

  1. FL-160

FL-160 is a form that is interchangeable with FL-142. FL-160 is the preferred form to use when there is a true default divorce. FL-142 is the preferred form when the case is contested or when there is an agreement. Both forms qualify to meet the requirement of a financial disclosure. In other words, do one or the other, not both.

#27

There is no deadline of 60 days to serve the other party, though that is preferred. Service is not defective based solely on the timing. There may be other defects that would require you to re-serve, but you do not need to re-file the Petition unless you want to change what you filed.

#28

Cristin:
I’ve no words! You are the best attorney I’ve ever known. A lot of attorneys these days work solely for money (when they go to law school they’re programmed by parents and society that lawyering is a money-making machine; they miss the point). This profession is also a helping profession. Most attorneys wouldn’t even respond timely to a paying client, let alone to an online platform. Cristin is amazing: she responded to each of my questions, and I see to others too, diligently. I will definitely recommend your County State Bar. You’re a true lawyer! Thank you Cristin!

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