There are several different ways to get a divorce judgment.
The first two ways are called default and a true default judgment. Default divorce is another way of uncontested divorce. The third way to get a divorce is a judgment with an agreement. And the last one is, without an agreement with possible trial or contested divorce.
Let's start with the two default judgments first.
The first way is a default judgment with an agreement called a marital settlement agreement. This can occur if you serve your spouse and there is no response for 30 days, but you both reached an agreement. The main reason for agreeing on a default is that it doesn't have to involve a court process. In that case, the filing spouse can take care of the paperwork and the other party saves money on filing fees.
The Second case of a true default requires (1) that your spouse had not responded to your petition for dissolution of marriage and (2) that you properly served all the forms. You can find more information regarding proper service on my YouTube channel. (3) Then after waiting for 30 days, starting with service to your spouse and completing all the steps for service the financial disclosure forms, you can file for true default judgment. Before you file for the default judgment make sure to fill out a declaration of disclosure, income and expense declaration form, and a schedule of assets and debts form, and have them served on your spouse.
The other two ways to finish a divorce are if respondent, meaning your spouse, fails to respond to the divorce proceedings you initiated.
In the first one, you and your spouse have an agreement. You both must complete and serve the same financial disclosure documents to each other. The respondent will have to serve on the petitioner within 60 days of filing the response. In the event of your spouse filing a response and you both reached a written agreement either party file appearance stipulation waiver forms and the proposed judgment with written agreement attached and the other needed forms. If your spouse files a response but you both are not able to reach an agreement the court may try to reach an agreement. Otherwise, the parties must go to trial. In this event, I suggest seeking a good family law mediator to help you and your spouse to reach an agreement and avoid expensive court battle.
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