Uncontested Divorce Instructions

Introduction

This instruction sheet will review the procedure and forms necessary to obtain an uncontested judgment without a hearing in front of a judge.  If you and the other party are in agreement on all the issues, together you may prepare a Stipulated Judgment or Marital Settlement Agreement to finalize your case.  Your Stipulated Judgment or Marital Settlement Agreement must contain al the correct legal provisions and conform to public policy.

Before following these instructions you must satisfy the following:

• A divorce or legal separation case was properly filed with the Court;
• The Respondent was properly given a copy of the legal papers and an FL-115 Proof of Service of Summons was completed;
• Both parties completed and exchanged financial disclosure information including FL-140 Declaration of Disclosure, FL-142 Schedule of Assets and Debts, and FL-150 Income and Expense Declaration;
• Both parties completed the Parenting Class, if you have minor children of the marriage - (805) 781-5423;
• The Respondent filed an FL-120 Response or 30 days have passed from the date of service.

Sample Forms

You may view instructions and sample forms.  The sample is for general information only; it is not intended to resolve the specific issues in your case.  If you have any questions you should consult a family law lawyer.

Sample Forms - Dissolution of Marriage Uncontested Judgment

1. Review FL-115 Proof of Service, FL-100 Petition and FL-120 Response

Review the FL-115 Proof of Service to make sure that it was completed correctly.  If the Respondent did not file an FL-120 Response then the FL-115 must be filed with the Court Clerk.

Review the filed copy of the FL-100 Petition and, if filed, the FL-120 Response.  All the assets and debts listed on these forms must be mentioned in your FL-180 Stipulated Judgment or Marital Settlement Agreement.

2. File FL-144 To Waive Final Disclosure

If there are no changes to the previously completed Preliminary Declaration of Disclosure forms FL-142 and FL-150 of both parties, then the following form may be completed and filed with the Court Clerk to waive the Final Declaration of Disclosure:

⇒ FL-144 Stipulation and Waiver of Final Declaration of Disclosure

3. Mail Final Disclosure and File FL-335

If there are changes to the previously completed Preliminary Declaration of Disclosure forms FL-142 and FL-150 of either party, then both parties must complete their own set of the following forms and someone other than the party who is 18 years or older must mail to the other party a copy of the updated forms. Then file completed FL-335 Proof of Service forms.

                 Petitioner’s Set                                    

• ⇒ FL-140Declaration of Disclosure
• ⇒ FL-142 Schedule of Assets and Debts
• ⇒ FL-150 Income and Expense Decl
• ⇒ FL-335 Proof of Service by Mail

                 Respondent’s Set

• ⇒ FL-140 Declaration of Disclosure
• ⇒ FL-142 Schedule of Assets and Debts
• ⇒ FL-150 Income and Expense Decl
• ⇒ FL-335 Proof of Service by Mail

4. Complete Forms

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 copies.

You must complete the following forms:

• FL-141 Declaration Regarding Service of Declaration of Disclosure (Petitioner's)
• FL-141 Declaration Regarding Service of Declaration of Disclosure (Respondent's)
  Each party must complete their own FL-141 and fill in:
  ►Item 1
  ►Item 2 (insert date Preliminary Declaration of Disclosure was served)
  ►Item 3 (insert date Final Declaration of Disclosure was served
  OR Item 4 (insert date FL-144 Stipulation and Waiver of Final Declaration of Disclosure was filed).
• FL-170 Declaration for Default
• 1 manila envelope addressed to you with postage
• 2 legal-sized envelopes addressed to the other party with postage
• FL-190 Notice of Entry of Judgment
• FL-180 Judgment & staple the forms needed to state your agreement:
  ⇒ Marital Settlement Agreement (self-drafted and notorized) OR
  ⇒ Stipulated Judgment
  • ⇒ FL-341 Child Custody & Visitation Attachment
  • ⇒ FL-341(C) Children’s Holiday Schedule Attachment
  • ⇒ FL-341(E) Joint Legal Custody Attachment
  • ⇒ FL-350 Stipulation to Establish or Modify Child Support Order (w/DissoMaster)
  • ⇒ FL-192 Notices Re: Child Support
  • ⇒ Copy of Existing DCSS Child Support Order
  • ⇒ FL-343 Spousal, Partner, or Family Support Order Attachment
  • ⇒ FL-345 Property Orders Attachment
  • ⇒ FL-348 Pension Benefits - Attachment to Judgment
  • ⇒ Signatures & Notary Page

• ⇒ FL-165 Request to Enter Default (only if NO FL-120 Response was filed)
• ⇒ FL-130 Appearance, Stipulations and Waivers (only if FL-120 Response was filed)
• ⇒ FL-191 Child Support Case Registry (only if there are minor children)
• ⇒ FL-195 Income Withholding for Support (for child support only OR for child support and spousal support)
• ⇒ FL-435 Earnings Assignment Order for Spousal or Parnter Support (for spousal support only)

5. Give Court Papers & Envelopes

Give the Court Clerk all documents listed above in Step 4 including originals, copies for Court and self-addressed stamped envelopes.

The Court will need all originals listed in Step 4 plus additional copies of the following documents:

• FL-190 Notice of Entry of Judgment (plus 2 copies)
• FL-180 Judgment & Attachments stapled (plus 3 copies)
• FL-165 Request to Enter Default (plus 1 copy)
• FL-195 Income Withholding for Support (plus 3 copies)
• FL-435 Earnings Assignment Order for Spousal or Parnter Support (plus 3 copies)

6. Wait for Judgment in the Mail

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.

7. Mail Papers to Other Party & Employer

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.