Here are the basic forms necessary for you to move your case forward and obtain a final judgment for Dissolution of Marriage or Legal Separation.
Before following these instructions you must already have reviewed and completed Stage 1. All the forms may be found on the Judicial Council’s website at www.courtinfo.ca.gov/forms/. You may use blue or black ink to complete these forms.
The following information corresponds to Steps 3-6 of the general overview.
Regardless of whether your spouse filed a Response (FL-120), if you and your spouse agree with everything in your case you may prepare a notarized Stipulated Judgment (FL-180) or a notarized Marital Settlement Agreement as part of your Judgment. The forms included in this packet will allow you to finalize your family law case without a hearing or a trial.
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Generally, both parties are required to complete the documents listed below and mail a copy to the other party. Full disclosure of all assets, debts, income and expenses is required at two stages in your case; the beginning (Preliminary) and end (Final).
In San Luis Obispo County, you may complete these documents at only one stage of your case by checking both Preliminary and Final on your Declaration of Disclosure (FL-140) and Declaration Regarding Service of Declaration of Disclosure (FL-141).
However, if you and the other party agree to waive receipt of the Final Declaration of Disclosure then you must include a waiver statement in your Stipulated Judgment or Marital Settlement Agreement. The Preliminary Declaration of Disclosure cannot be waived.
If you and your spouse agree with everything in your case you may obtain a final judgment by mail without appearing in front of a judicial officer if you correctly prepare a notarized Stipulated Judgment or a notarized Marital Settlement Agreement. For more information, see Family Law Department Policies and Procedures Section 2:7.2. The Court will require that you file an original plus 3 copies of your Stipulated Judgment or Marital Settlement Agreement. Remember, that either the Stipulated Judgment or Marital Settlement Agreement must be signed by both parties in front of a notary.
A Stipulated Judgment contains the Judgment FL-180 and other forms if necessary including, Spousal, Partner, or Family Support Order Attachment FL-343 and Property Order Attachment to Judgment FL-345. The Stipulated Judgment is a legal document that contains court orders that reflect an agreement between you and your spouse about all the issues in your case including spousal support and division of assets and debts. Even if neither party wants spousal support and there are no assets or debts to divide, your judgment must still address these issues.
Spousal, Partner, or Family Support Order Attachment (FL-343)
This attachment is used if a specific amount of spousal support is being ordered.
If you are not requesting spousal support now or in the future then in item 4n of your Judgment (FL-180) you may write, “The court terminates jurisdiction to award spousal support to both parties.” This termination order may not be available to you if your length of marriage was 10 years or more.
If you have a marriage of 10 years or more and a specific amount of spousal support is not being ordered then in item 4n of your Judgment (FL-180) you may write, "The court reserves jurisdiction to award spousal support to both parties."
Property Order Attachment to Judgment (FL-345)
This attachment is used if assets and debts were listed in either the Petition (FL-100), Response (FL-120) or Property Declaration (FL-160). Also, if neither party previously listed any assets and debts, you may use this attachment to reflect the asset and debt division agreement between you and your spouse.
If you and your spouse do not have any assets or debts to divide and no asset or debt items were listed either the Petition (FL-100), Response (120) or Property Declaration (FL-160), then in item 4o of your Judgment (FL-180) you may write, “The court finds that there are no community property assets or debts to divide.”
A Marital Settlement Agreement is attached to the Judgment FL-180. A Marital Settlement Agreement is a self-drafted document that includes the court orders that reflect the agreement between you and your spouse about all the issues in your case including spousal support and division of assets and debts. Even if neither party wants spousal support and there are no assets or debts to divide, your judgment must still address these issues. If you need additional instructions regarding a Marital Settlement Agreement you should visit the Self-Help Center / Family Law Facilitator or other agencies listed on the Legal Resource List.
In item 1 Parenting Class, insert N/A in both the Petitioner and Respondent's column. In item 2 Preliminary Disclosures, insert the date that the Petitioner filed their FL-141 under Petitioner's column. In item 2 Preliminary Disclosures, insert the date that the Respondent filed their FL-141 under Respondent's column. In item 3 Final Disclosures, insert the date that the Petitioner filed their FL-141 under Petitioner's column. In item 3 Final Disclosures, insert the date that the Respondent filed their FL-141 under Respondent's column.
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