How to proceed in Default case with Agreement

#29

Excuse typo: *recommend you to your County’s Bar Association…

#30

Hi Cristin,

Hope you’re doing well!
I was wondering about the debts my spouse incurred after being served and also acknowledging that she has been served. Will those still get split 50/50 in a default without agreement or do they remain 100% with her?

Thanks so much for all your help!

#31

Thanks for asking - I’m doing well!

Debt incurred after separation (which is very likely NOT the same as the date of service) are the incurring party’s obligation. Legally, your spouse is responsible for all debts she acquires post-separation. That said, if she is charging joint credit cards, a creditor will still hold you and your credit responsible for that debt.

Let’s assume that you and your wife have a joint Visa credit card that had $2,000 charged to it as of date of separation. After separation, your wife charges an additional $3,000, bringing the total debt owed to $5,000. You are legally responsible for one-half of the $2,000 that existed as of date of separation, or $1,000. Your wife is legally responsible for the other $4,000.

That said, if your wife doesn’t pay the $4,000, because it is a joint debt, a creditor can and will go after you to pay for the bill. This also includes negatively impacting your credit. Your only recourse would be to take her to family court (divorce court) to address this problem.

1 Like
#32

Continuing the discussion from How to proceed in Default case with Agreement:

Hello,
Thanks for the help. First some information.

  1. We have been married for 25 years, separated for 2 years.
  2. We don’t have minor children.
  3. We don’t have real estate.
  4. At the time of separation (2 years ago) we divided the property - household items and vehicles. This statement is going to be in notarized agreement.
    We agreed to proceed with Default case with Agreement.

Questions:

  1. Should I still list in details separate property in form fl100 (#9) the property that I acquired after we got separated.
    2.Does that mean we don’t have any community property (a in #10)? Or do I have to list again what was divided 2 years ago, my car for example?
    Thanks again.
#33

My MSA was rejected because it says it does not meet legal standards. Seek legal advice. I have no money. He is not lifting a finger to help so he can save money. He’s not being mean. Just lazy but I still need help. What is the legal standards I need to meet?

#34

  1. I don’t know exactly what you mean by “details,” but in general, I prefer some specificity, so while I wouldn’t say “Bank of America checking and savings accounts opened 1/1/2020, Fidelity 401(k)” I would likely list “bank accounts and retirement accounts acquired post-separation.”

  2. Community property is all property that was acquired during marriage that still exists, or it’s property that no longer exists but is something you assert a right over and seek the Court’s help. So if your car still exists, it’s still community property.

#35

Unfortunately, there are a lot of legal standards, so without more specificity, I won’t be able to help. I will generally comment that if your spouse is not lifting a finger, a MSA isn’t usually the right solution for your case, since a MSA requires both of you to agree on and sign.

#36

Hi,

I filed fl-115 30 days ago and there is no response. We have an agreement. My question is how do I proceed from here? Do I have to serve fl 140, fl 150, fl160 to my ex than file fl 141 with the court? Can I file fl 141 and fl 165 together to the court? if I am done with that what is my next step?

Thank you.

#37

Yes, you need to serve your preliminary declaration of disclosure and file your FL-150, FL-160, and FL-141 with the Court. You may choose to file FL-165 at the same time. Thereafter, you will need to submit your Judgment (FL-180), along with the other mandatory forms (which will vary depending on the type of case you have and your county of filing).

#38

Dear Cristin,

I have a case that is a default with agreement. We have no assets, no children, we don’t request spousal support, no attorney fees very straight forward case. So far I filedFL 100 and FL 115 and the 30 days are over. We are working on the agreement to get notarized. I served FL 140, FL 150, and fl 142. My question would be what do I have to file next? Can I file all the documents (fl 141, fl 165, fl 170, fl 180, fl 190, fl 144) all at once or is there an order? I also want to fl 165 because there is no response from my spouse but also we have an agreement so I am lost when do I have to file that document.

I have another question regarding the form FL 170 section 8 spousal support. Neither of us wants to get spousal support but my spouse never filed a response we will have an agreement. Should we just write down in the agreement that we ask the court to terminate spousal support forever for both sides and mark d. and written agreement or should I mark letter c?

Thank you so much for making this clear.

#39

Dear Cristin,

My question is regarding the agreement. Can I put in the agreement that both parties give up the right forever for spousal support than when filing fl 170 and fl 180 just mark the box it is in the agreement? Also, Can I do that with the attorney fee? We have no attorney. Should I put it in the agreement that no attorney fees were paid and then on fl 170 and fl 180 just leave that “attorney fees” blank??

Thank you in advance.

#40

You will need to file FL-141, FL-150, FL-165, FL-144, FL-170, FL-180, FL-190 - they can all be filed at once; however, if you break them up into two groups, you must file FL-141 and FL-150 before filing FL-144, FL-170, FL-190, and FL-190. FL-165 can be filed with either group as long as 30 days have passed since the date of service.

As for FL-170, I typically check both box c and d in cases like yours.

#41

Since you don’t have an attorney, you can leave the attorney fee section blank.

As for spousal support, the correct language and procedure for terminating spousal support depends on your particular county of filing as well as the length of your marriage. Courts vary as far as how strict they are regarding a termination of spousal support, especially for marriages over 10 years. Form FL-170 won’t be an issue, since it’s “just” a declaration; however, the FL-180 is your actual divorce judgment (order), which means you’ll have to draft it properly for the termination to be granted. If you’ve been married over 10 years, you would be best served by working with a local attorney in your county of filing to ensure that the language meets the local requirements.

#42

Thank you for the quick response. Our marriage lasted for 3years 3 months and I am in LA county. We both agree that neither of us wants to receive spousal support.

#43

Dear Cristin,

in FL 170 for spousal support, I checked box c and d. I am wondering which box should I check in FL 180 section 4/l I have an agreement and also want to terminate spousal support for both parties. Our marriage only lasted for 3 years. Should I check box 2 for both respondent and petitioner and 4 or just 4?

Thank you so much.

#44

Assuming that you have actually addressed the termination of spousal support in your Agreement, then you would check boxes 2 and 4. If you have not addressed it in your agreement, then you would not check box 4.

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