Legal Question in Family Law in California
How to stay out of the courtroom?
Okay, the petition has been filed and my wife has been served. Her and I have agreed that we want to do this without having to go into court.
We've filled out, signed and had notarized a Marital Settlement Agreement and she has a copy of form FL-130, Appearance Stipulations and Waivers.
How do we go about doing this without having to go to court? The reason I ask is that in about three weeks, I'm moving out of state and don't really want to have to come back. What needs to be filed by who and when? I'm a little confused about this phase of the divorce.
Thanks.
3 Answers from Attorneys
Re: How to stay out of the courtroom?
You have to get the form for a Judgment of Dissolution. I believe it is form FL-180. You must, of course, file it with the court and it will enter the judgment. The judgment will become final in six months. Good luck and thanks for inquiring.
Re: How to stay out of the courtroom?
You have to file a "judgment" and an "attachment to judgment" and an "appearance stipulation and waivers" and a "Declaration RE: Service of Preliminary Declaration of Disclosure" and if child or spousal support is involved, an "income and expense declaration" and "waivers of final declaration of disclosure" and the filing fee for the Respondent. Additionally, depending on the assets you are distributing, there may be additional forms necessary, i.e. a "summons (joinder)".
Reply: How to stay out of the courtroom?
As you know from other answers, there are various forms that you need to fill out and process. I suggest that you hire a paralegal assistant to prepare the documents and process them for you, since you are contemplating leaving the state soon.
We offer paralegal support services, and our paralegal assistants are experienced and attorney supervised. If you require further information, kindly so advise.
Regards,
Brian Levy, Esq.
www.calattorney.net