Legal Question in Family Law in California

In May I served my wife a petition (fl-100, 120) for legal separation. At the time we had agreed on a settlement but then my wife changed her mind and saw an attorney. In July I received her response and she asked for more money and to get rid of the pre-nup. Now we have come to an agreement about the money and to keep the pre-nup but are not sure how to proceed. My wife cannot afford an attorney anymore and wants this done. We never served each other the financial forms (140, 150, 142). Do I need to start over and file a new petition? Or can my wife do an amended response?


Asked on 10/15/14, 11:02 am

1 Answer from Attorneys

You don't need to do either one. A petition and response is like a complaint and answer in a lawsuit. If you settle it, you don't have to file new pleadings. In a lawsuit you sign a settlement agreement and dismiss the lawsuit. In family law, you sign a settlement agreement and then prepare the necessary papers to have the court turn it into a judgment of legal separation or divorce as the case may be. You do, however, have to do the financial disclosures. The court will not enter a judgment no matter how completely in agreement the parties are, until those are done.

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Answered on 10/15/14, 11:36 am


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