Legal Question in Family Law in California
Post 6 Month Waiting Period Procedures
Uncontested Divorce in San Diego County; Filed Petition, Response, Disclosures, Waived Final Disclosures. All assets and debts are divided in marital settlement agreement. 6 mo. waiting period is over at end of May. From what I can tell I now need to file Appearance, Stipulations, and Waivers form, Judgment and Notice of Entry of Judgment. H's IRA and 401(k) going to me, so I assume I need a QDRO. How is this filed? When is this filed? And, finally, assuming that I didn't list assets/debts in petition, no Property Declaration filed, but all assets and debts are divided in marital settlement agreement, can I file Declaration for Default or Uncontested Dissolution or Legal Separation and have it done quickly by mail? Thank you very much for your assistance.
2 Answers from Attorneys
Re: Post 6 Month Waiting Period Procedures
You don't need to wait six months to enter the judgment. The judgment can be entered before the six months, unless this is summary judgment, which is unlikely since you have a retirement plan. You will need to prepare a Qualified Domestic Relations Order to divide retirements. Contact the administrator of the plan to see if they have a model. If they don't have a model, and probably even if they do have a model, it would probably be easier to hire an attorney to prepare. Good Luck, Pat McCrary
Re: Post 6 Month Waiting Period Procedures
1.Prepare the docs you referred to, as well as the Proof of Serice of Summons (Family Law) if not filed already, submit all in triplicate (save an extra copy for yourself) along with the required envelopes.
2. Send to couyrt with enveope for the retiurn of the conformed copies. Can be done azt anbyt time, the first month, the 6th month, the 13th month, whenever.
3. Expect to get back several weeks later, either approvced or rejected. Make the Respondent's "First paper fee" has been paid, otherwise include $196 payable to the Clerk of the Superior Court.
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