Legal Question in Family Law in California
No child, no property, separated for 8 years after 20 years of marriage. I filed divorce papers and served my husband and he never filed a response. Now I am filing Judgment. On Judgment form, there are three different selections below Dissolution - Status only, Reserving jurisductuin over marital, etc. and judgment in reserved issues. Which one do I select? The court was telling me that I need my husband's signature notarized FC2338.5(a). I don't even know on what form I need my husband's signature. Please help.
1 Answer from Attorneys
If you served your husband, and he never answered, then you need to request the entry of his default. That is done by submitting a Request for Clerk's Entry of Default. You then need to submit a default judgment package, including a proposed default judgment.
Family Code section 2338.5 subdivision (a) requires notarization of the signature of a defaulting spouse only if you are submitting a marital settlement agreement that he signed, or a stipulated judgment. You have not set forth any information indicating that he signed a marital settlement agreement, or stipulated default judgment, so it appears you are using the wrong procedure and forms.
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