In some cases, it will be easier for the Self-Help Center / Family Law Facilitator to help you finalize your case if you request a Default Hearing. The court will not mail to other party any information about the date of the default hearing, so only you will be present at the hearing. At the default hearing the judge will make orders regarding all the issues in your case including the status of your marriage, child custody visitation, child and spousal support and division of assets and debts. If you have questions about any of these issues you should contact an attorney or the Self-Help Center / Family Law Facilitator. This instruction sheet will review the procedure and forms necessary to obtain a default hearing and default judgment.
Before following these instructions you must satisfy the following:
You may view instructions and sample forms. The samples are for general information only; they are not intended to resolve the specific issues in your case. If you have any questions you should consult a family law lawyer.
A Default Judgment may be granted only if the other party was properly given the Divorce and Financial Disclosure documents. Review the filed copy of your FL-115 Proof of Service to make sure that it was completed correctly.
Review your filed copy of the FL-100 Petition; only those requests may appear on a Default Judgment. If you want to obtain orders not mentioned in your FL-100 Petition you will need to go back and file an Amended FL-100 Petition and other papers.
Complete the following forms to request a default hearing. The originals should be two-hole punched at the top. If you want the Self-Help Center to review your forms, visit their office before you make any copies.
You must complete the following forms:
You may also need to complete the following additional forms:
If you completed the FLF-2, FL-142, FL-150, or FL-160, copies of these documents must also be mailed to the other party by someone other that you who is 18 years or older.The person who mails these documents must complete and sign the FL-335 Proof of Service by Mail.
File with the Court Clerk all completed original documents listed above in Steps 2 & 3 (except FL-142) including self-addressed stamped envelopes. The Court Clerk will also need additional copies of the following completed documents.
The Court Clerk will either give you a date and time for your default hearing or will mail this information to you in the envelope you provide.
Go to court on the day of your hearing. Review the Default Hearing Checklist to prepare for your hearing. At the hearing the judge will make orders regarding all the issues in your case including the status of your marriage, child custody visitation, child and spousal support and division of assets and debts.
The minute order is the Clerk’s notes of what the judge ordered on the day of your hearing. About 10 days after your hearing, the minute order may be ready for you to purchase a copy from the Court Clerk’s Office. The minute order is usually 1 or 2 pages and each page will cost .50 cents.
To finish your case, you must complete the following forms and 2-hole punch the originals at the top. If you want the Self-Help Center / Family Law Facilitator to review your forms, then don’t make copies until the completed originals are reviewed.
File with the Court Clerk all documents listed above in Step 7 including originals, copies for Court and self-addressed stamped envelopes.
Within 4 weeks of filing the above documents with the Court Clerk, you should receive your final Judgment documents in the mail. You may contact the Court Clerk’s office to obtain the status of your case by calling (805) 781-5706.
Once you receive your signed FL-180 Judgment, someone other than you who is 18 years or older should mail a copy to the other party. Also, if child support was ordered and you want the other party’s employer to garnish wages to enforce the child support order, you must have someone other than you who is 18 years or older mail to the employer a copy of the FL-195 Income Withholding for Support. The person who mails the copy of the FL-180 and/or FL-195 must complete the FL-335 Proof of Service by Mail and you must file the original with the Court.