How to proceed in Default case with Agreement

#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.