Overview

There are several ways to obtain a final judgment of dissolution or legal separation in California. The method you use depends on whether the case is contested or uncontested, whether the other party participates in the case, and whether the parties can reach an agreement. Understanding these different paths can help you choose the most efficient and cost-effective approach for your situation.

Default Judgment

A default judgment is available when the respondent fails to file a Response and more than 30 days have passed since valid service of process. The petitioner can request that the clerk enter the respondent’s default by filing a Request to Enter Default (FL-165) and an envelope stamped and addressed to respondent’s last known address.

To obtain a Judgment (FL-180), the petitioner will also need to submit a proposed Judgment (FL-180), a Notice of Entry of Judgment (FL-190), a Declaration for Default or Uncontested Dissolution/Legal Separation (FL-170), a Declaration Regarding Service of Declaration of Disclosure and Income and Expense Declaration (FL-141) showing the respondent received petitioner’s Preliminary Declaration of Disclosure (FL-140).

Although a case in default proceeds without the respondent’s participation, the petitioner is limited to those orders clearly requests made in the petition, an equal division of community property assets and debts, custody and visitation orders in the best interests of the children and supports based on competent evidence of the parties financial circumstances.

Judgment by Agreement

A default with agreement occurs when the respondent does not file a Response (FL-120) but cooperates with the petitioner to reach an agreement on all issues. The respondent’s default is entered, but both parties sign a marital settlement agreement or stipulated judgment that resolves all issues including property division, spousal support, child custody, and child support. A similar result comes when the respondent files a Response (FL-120) but later works with the petitioner to resolve the case by agreement.

This is one of the most common methods for divorce and legal separation cases to resolve. It is faster and less expensive than a contested proceeding because it avoids litigation. The signed agreement is submitted to the court along with the judgment packet, and the court reviews it for compliance with California law before entering the judgment.

Trial

When the parties cannot reach an agreement on one or more issues, the case proceeds to trial. At trial, both parties present evidence and testimony, and the judge makes the final decisions on all contested issues. Trial is the most expensive and time-consuming method of obtaining a judgment, but it is sometimes necessary when the parties cannot agree.

Before trial, most courts require the parties to participate in a mandatory settlement conference, where a judge or settlement officer attempts to help the parties reach an agreement. Many cases settle at or before the settlement conference, avoiding the need for trial.

At trial, each party has the opportunity to present opening statements, call witnesses, introduce exhibits, cross-examine the other party’s witnesses, and make closing arguments. The judge issues a decision, which is then incorporated into the judgment.

Choosing the Right Path

The best method for obtaining your judgment depends on your circumstances. If both parties are cooperative and can reach an agreement, a default with agreement or stipulated judgment is usually the fastest, least expensive, and least stressful option. If the parties cannot agree, mediation or collaborative divorce may help bridge the gap. Trial should be the last resort, reserved for cases where fundamental disagreements make settlement impossible.

Regardless of the method you choose, both parties must complete their Preliminary Declarations of Disclosure (FL-140) before a Judgment (FL-180) can be entered, with limited exceptions for true default cases.

Disclaimer: This article on California family law is published for informational purposes and does not constitute legal advice. Family law issues are fact-specific and complex. Consult with a licensed family law attorney for specific advice about your case.