I frequently receive questions from people regarding their family law issues. The following is a question which the inquirer agreed may be publicly revealed, and my answer to the question:
QUESTION: How do I file an uncontested divorce in California?
ANSWER: You file a divorce in California by filing a Petition (FL-100), a Summons (FL-110), if there are minor children, a Declaration under UCCJEA (FL-105), and whatever form your particular county requires for assignment to the correct court district (in Los Angeles, that form is a Family Law Case Cover Sheet, FAM-020).
It is your spouse's (the Respondent's) choice as to whether or not your divorce is uncontested, not your choice.
Your spouse should be served (by somebody over 18 years old, other than you) with a conformed copy of the filed documents (along with a Blank FL-120 response, and if there are children, a blank FL-105), and the server should complete, sign and file a Proof of Service.
If your spouse doesn't file the required Response within 30 days of service, you can file a request to enter your spouse's default, and once entered by the Court, you can proceed in the case by way of default to judgment.
This educational blog is brought to you by DONALD F. CONVISER, a Los Angeles Certified Family Law Specalist, owner of Warner Center Law Offices in Woodland Hills in the San Fernando Valley, an effective and aggressive Los Angeles Divorce Attorney serving clients in the courts of Los Angeles and Ventura County for over 35 years, offering a free confidential consultation regarding your divorce or family law issues, at 818/880-8990, www.conviser.net
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1 comment:
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