Next steps after filing petition and summons

#1

I live in California and am currently going through the divorce process. I have already filed the preliminary forms to open my case and now I am on to the second stage.

Since my husband and I are on amicable terms we will be writing up an agreement that will include child support / custody, spousal support, and property division and he does not plan to respond.

If we do this, which are the forms that I need to file and which ones are optional?

For example, since we are doing a written agreement do I need to file the forms regrading child support and the other issues mentioned above?

Also, if we want to skip the final disclosures do I need to file the disclosure forms (140,141,142, and 150)?

Thanks for your help!

0 Likes

#2

I’m not sure what has or has not been filed yet by you and/or your husband, so I can’t answer your question without more information.

0 Likes

#3

I filed 110, 100, 105 and 115. He has been served but will not be responding and we will be writing up an agreement. If I’m understanding correctly we would need to file the form to enter a default. Is that correct?
I’m basically confused as to what forms would need to be filed along with the agreement that we draft.

Thanks so much.

0 Likes

#4

Yes, you will need to file a Request to Enter Default (FL-165). You will also need to file your financial disclosures (FL-141 and FL-150 at a minimum) and serve FL-140, FL-141, FL-142 or FL-160, and FL-150. There will be additional forms based on your specific situation, but at a minimum, you’ll need FL-170, FL-180, and FL-190.

0 Likes

#5

Thank you and congratulations for the helpful and informative videos you posted on YouTube about the divorce process.

I have some questions about the form FL-141. I failed to include the form with the divorce judgement documents that I filled on 12/18/18 at the Central Courthouse in Los Angeles. The documents were rejected and returned to me in January 2019 because the form was missing.

  1. Can I use the date of service of 8/21/18, when we presented the forms to each other at the mediation meeting?

  2. Can I use “personal service” as the method used to present the forms?

I would like to correctly completed the forms so we can both sign them and I can file all the documents with the court with the hope that the divorce can be finalized.

0 Likes

#6

Personal service requires a third party to personal deliver the documents to the other spouse. If your mediator was the one who facilitated the exchange of the documents, this could constitute personal service, and yes, the 8/21/18 date would be fine.

If the two of you handed the documents to each other directly, then that isn’t technically proper personal service. You can always arrange to have the financial documents served now, submit the FL-141 with the current date of service along with the divorce judgment documents, and it won’t create any further delays.

0 Likes

#7

The financial disclosures were handed to the mediators and presented to each other through them. We were in separate rooms in a Collaborative Mediation setting. After the Agreement was reached we met in one room to read the Agreement and finalize it. Can that be considered “Personal Services”.
If we serve each other now (the Agreement has already been signed and notarized), am I using current financial figures or those used at the time of mediation?

0 Likes

#8

Based on what you described, it sounds like you could fill out FL-141 stating that the disclosures were personally served.

If you chose to be “safe” and serve the documents now, you can provide a copy of the prior paperwork you gave to each other. You do NOT need to redo or update the disclosures.

1 Like

#9

Thank you again Cristin for your helpful response. I have one more question regarding the FL-141 form. Should the financial disclosure be considered “Preliminary” of “Final”? The disclosure was in August 2018 and the agreement was reached in December 2018?

0 Likes

#10

This is your Preliminary Declaration of Disclosure.

0 Likes

#11

Thank you very much Cristin!

0 Likes