This instruction sheet will review the procedure and forms necessary to obtain a default judgment without a hearing in front of a judge.
If you are requesting an annulment, you must request a hearing in front of a judicial officer and you should follow different instructions on how to request a default hearing. Also, in certain cases it may be easier for the Self-Help Center / Family Law Facilitator Office to help you if you follow different instructions and you request a hearing in front of the judge. For example, if you are requesting No or Supervised Visitation, Specific Amount of Spousal Support or Terminating Spousal Support in a 10+ year Marriage or Unequal Division of Property, you may need to schedule a hearing in front of a judge.
Before following these instructions you must satisfy the following:
You may view instructions and sample forms. View the sample that best applies to your situation. 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 because 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 and two-hole punch the originals 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:
Someone other than you who is 18 years or older must mail to the other party a copy of the completed FLF-1. In addition, 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 documents listed above in Steps 2 & 3 (except FL-142) including originals, copies for Court and self-addressed stamped envelopes.
The Court will need all originals listed in Steps 2 &3 plus additional copies of the following documents:
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.