Legal Question in Family Law in California

Court clerks are not permitted, and should not be giving out legal advice. They can review your forms and provide forms for you, but telling you when you can and cannot file them, or what to put on them.

Your best bet is to get legal advice from an attorney, or go to the Family Law Facilitator's office.

1) You can serve the preliminary disclosures at any time. Commonly they are served with the petition.

2) The reason for the confusion regarding the MSA is that where there is an MSA it is FAR more common to file an appearance, stipulations and waivers with the MSA and request a judgment that way, than to proceed by default. There are a number of technical reasons that is the preferred way to go when the respondent and petitioner reach agreement and sign an MSA. There is no reason, however, that a judgment on an MSA cannot be entered in a default case. You just have to make sure to do things exactly right to make sure the judgment is final, binding and uncontestable vis a vis the respondent. When the respondent appears and files stipulations and waivers, it removes issues of jurisdiction and notice from the situation.

This can be confusing for attorneys sometimes too. I agree with Mr. Roach and Mr. McCormick, but would like to add a thought. Court clerks are human beings (beautiful ones at that) and like to have things done a certain way. They may or may not be right in what they require or advise you, but sometimes you just have to go with them when filing court documents. Unless of course, there are adverse legal ramifications. Be kind and respectful and everything should work out.