Completing the Judgment in your Divorce, Legal Separation, or Nullity Case

Your next action will depend on what your spouse has done in response to your Petition. There are four possible options depending on whether your spouse filed a Response, and whether you and your spouse have an agreement on all issues (child custody, child support, spousal support, and property).

• Default Judgment:  Your spouse was served at least 30 days ago, and they did not file a Response.
• Default with Agreement (also known as a Stipulated Default):  Your spouse was served at least 30 days ago, they did not file a Response, and you have an agreement on all issues.
• Uncontested Judgment:  Your spouse was served, they filed a Response, and you have an agreement on all issues.
• Contested Case:  Your spouse was served, they filed a Response, and you do not have an agreement on all issues.

Contested Case:  If your spouse filed a Response and there is no agreement, attend the CMC hearing and explain to the Court what is happening in your case (for example, tell the court if there are issues with service or if you and your spouse are close to an agreement).  The Court will review whether both parties have filed their FL-141 forms (Declaration Regarding of Service of Declaration of Disclosure and Income and Expense Declaration).  If FL-141 forms have not been filed, the Court will instruct the relevant party to do so, and will set a further CMC hearing to track the status of your case.  If both parties have filed their FL-141 forms, the Court will set a trial date.

• If you have property matters in dispute, the Court may send the parties to mediation with the Better Business Bureau to try to resolve those issues prior to trial.
• If you have child support issues to resolve, the Court may send the parties to meet with the Department of Child Support Services.

Now that you’ve identified how your spouse responded to your Petition, complete the relevant forms for a Default Judgment, Default with Agreement, or Uncontested Judgment.  Review Form Fl-182, Judgment Checklist—Dissolution/Legal Separation, for more information.

Judgment Assistance:

The Self-Help Resource Center can assist you with completing the forms for submission to the judge.  If you and your spouse have an agreement on all issues, the SHRC can assist with writing up the Settlement Agreement.  Visit your nearest SHRC for more information and estimated timeframes for completion.  If your Judgment is submitted for the Judge’s signature before your first CMC hearing, you can complete your divorce / legal separation case without attending court.  If so, the CMC hearing will come off calendar. 

If you are completing a Default Judgment or Default with Agreement, you can complete your forms at LawHelp Interactive, which is a free resource that assists litigants with completing forms through a series of guided questions. 

Details are available at: https://lawhelpinteractive.org/Interview/GenerateInterview/5457/engine

Default Judgment: 

If your spouse was served and no Response has been filed after 30 days, complete the forms below.

• FL-165, Request to Enter Default
• FL-170, Declaration for Default or Uncontested Dissolution or Legal Separation
• FL-180, Judgment
  • If you have a long-term marriage (10 years or more) and are seeking spousal support, check the boxes for Reserved and Petitioner at item 4(l)(1).
  • Include Judgment Attachments to match the custody, support and property orders that you requested in your Petition.
• FL-190, Notice of Entry of Judgment

Note:  The Court will not sign a Default Judgment that:

• is missing custody and support orders in cases involving minor children.
• includes orders not requested in the Petition.
• includes orders for termination of spousal support in a long-term marriage (over 10 years).
• includes property orders for unequal division of property.

Default with Agreement: 

If your spouse was served and has not filed a Response after 30 days, but you have an agreement on all issues, complete the following:

• FL-141, Declaration Regarding Service of Declaration of Disclosure and Income and Expense Declaration
  • The Respondent must file this form indicating they have complied with the financial disclosure step of the dissolution or legal separation process (the Petitioner would have filed their FL-141 earlier).
• FL-165, Request to Enter Default
• FL-170, Declaration for Default or Uncontested Dissolution or Legal Separation
• FL-180, Judgment
  • Include Judgment Attachments as needed.
  • Attach your written Settlement Agreement.  The Respondent’s signature on the Settlement Agreement must be notarized, or can be witnessed by SHRC staff.
• FL-190, Notice of Entry of Judgment

Note:  The Respondent will not be charged a first-filing fee if the signed Settlement Agreement is included in the Judgment.

Uncontested Judgment:

If your spouse filed a Response and you have an agreement on all issues, complete the following:

• FL-130, Appearance, Stipulations, and Waivers
  • Both parties sign this form.
• FL-130(A), Declaration and Conditional Waiver of Rights Under the Servicemembers Civil Relief Act
  • This is an optional form for that the Respondent signs only if they are a servicemember on active duty.  If so, attach to form FL-130.
• FL-141, Declaration Regarding Service of Declaration of Disclosure and Income and Expense Declaration
  • The Respondent must file this form indicating they have complied with the financial disclosure step of the dissolution or legal separation process (the Petitioner would have filed their FL-141 earlier).
• FL-144, Stipulation and Waiver of Final Declaration of Disclosure
  • Both parties sign this form.
• FL-170, Declaration for Default or Uncontested Dissolution or Legal Separation
• FL-180, Judgment
  • Include Judgment Attachments as needed.
  • Attach your written Settlement Agreement.  Signatures from both parties are required.
  • FL-190, Notice of Entry of Judgment

Take the original and two copies of each completed form to the Clerk of Court for filing, located at the courthouses in Visalia and Porterville, at: 

• County Civic Center:  221 S. Mooney Blvd., Room 201, Visalia, CA  93291
• South County Justice Center:  300 E. Olive Ave., Porterville, CA  93257

Stamps and Envelopes:

In addition to your forms, give the Clerk self-addressed stamped envelopes as indicated below.  The Clerk of Court will use these envelopes to send signed copies of the Judgment and Notice of Entry of Judgment to both parties.  If you are filing for Default Judgment or Default with Agreement, the Clerk of Court will also send a copy of the Request to Enter Default to your spouse.

• Default Judgment or Default with Agreement:  Provide three envelopes and five stamps.
  • One envelope should be addressed to the Petitioner, with 2 stamps affixed.
  • One envelope should be addressed to the Respondent, with 2 stamps affixed.
  • One envelope should be addressed to the Respondent, with 1 stamp affixed.
• Uncontested Judgment:  Provide two envelopes and four stamps.
  • One envelope should be addressed to the Petitioner, with 2 stamps affixed.
  • One envelope should be addressed to the Respondent, with 2 stamps affixed.

When is my case finished?

Once your documents are submitted to the Clerk of Court, expect to wait six to eight weeks to receive the final filed copies in the mail.  If you filed for divorce or legal separation, the date of your divorce or legal separation will be listed on your Judgment at Item 4(a)(1). 

• For divorces, the earliest date that your divorce can be finalized is 6 months plus 1 day from the date the Respondent was served the Petition and Summons.

• There is no 6-month waiting period for a legal separation.

If you filed for nullity, the annulment is effective on the date the Judgment is signed by the judge (not the date of the prove-up hearing).

Post-Judgment Orders:

Once your Judgment has been entered, either party may request to modify support, custody, or visitation, by filing Form FL-300, Request for Order.  Click HERE for instructions on how to complete this form.

Name change:

If you requested to restore your maiden name, this will be listed on your Judgment at Item 4(f).  To change your name at the Department of Motor Vehicles or the Social Security Administration, obtain a certified copy of the Judgment from the Clerk of Court.