What does default declaration mean in terms of my divorce? - Divorce Law Questions and Answers- LawQA.com

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What does default declaration mean in terms of my divorce?

I checked on line through the Superior Court House web site. I'm checking to see if my divorce is finalized in California. It says 01/18/12 Judgement package received-stip and on 04/18/12-Declaration-Default what does this mean? Thanks

Warner Center Law Offices of Donald F. Conviser
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That apparently means that your spouse filed a document entitled Declaration re Default or Uncontested Dissolution, in connection with the Judgment Package that was filed. Evidently, your spouse had forgotten to file that document with his Judgment Package. If the Judgment has not yet been signed or entered, you are still married. Once the Court has filed and entered the Judgment, you should receive a copy of the Notice of Entry of Judgment in the mail. If the Judgment was entered over six months after service of process, your marriage will likely then be over. Keep a watch on the Court's website and your mail. Once Judgment is entered, you should receive a copy of the Judgment in the mail. If you don't, go to the Court and look at the Judgment in the case file to determine whether your marriage is over. You can purchase a copy of the Judgment from the clerk.

Answer Applies to: California
Replied: 4/23/2012

Answer By Abel Fernandez
Diefer Law Group, P.C.
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That document is a document you would have filed stating that the divorce was uncontested or a default. This is a form you filed. It does not appear that the case is final from what you sent me.

Answer Applies to: California
Replied: 4/23/2012

Answer By Frances Headley

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The Declaration in this context is most likely the Declaration that accompanies the Judgment documents and informs the court about the status of the case and the requested Judgment. This is done by declaration so that a Judgment can be entered without a hearing. In order to confirm this you will need to obtain copies of the documents from the court and then consult a family law attorney or facilitator to help you with the explanation.

Answer Applies to: California
Replied: 4/23/2012

Maclean Chung Law Firm
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It means that the fl170 form Declaration for Default or Uncontested Dissolution was filed on 4/18/2012, and that the prepared default/uncontested Judgment package was received by the Court on 1/18/2012, and is being processed. Once the Judgment is processed, it will show the date the Judgment is filed on. The fl170 declaration is used instead of making an appearance, and allows the Judgment to be processed and mailed back.

Answer Applies to: California
Replied: 4/23/2012

Answer By Barbara Peyton

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It means that one of the parties has submitted papers to have the divorce finalized without the other side having any input on the case. if there are no assets or children, this is probably OK. If not, then the person who has done nothing so far needs to get moving and take some action to protect his/her interests.

Answer Applies to: California
Replied: 4/23/2012

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