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Local Family Rules of Court
FAMILY RULE 8 DEFAULT OR UNCONTESTED JUDGMENT
A. GENERAL POLICY
B. JUDGMENT BY DEFAULT
C. REQUIRED DOCUMENTS
D. CHILD CUSTODY AND VISITATION
E. CHILD SUPPORT
F. SPOUSAL OR PARTNER SUPPORT
G. REAL PROPERTY
H. RESTORATION OF NAME
A. GENERAL POLICY
(1) Where a Judgment of Dissolution, Nullity or Legal Separation
of spouses in a marriage or partners in a domestic partnership is sought to be obtained by written agreement of the parties
after a response has been filed (uncontested), or by default, the
declaration
provisions of the Family Code may be used.
NOTE: Judgments of Nullity of Marriage or Nullity of a Domestic
Partnership require a Court hearing.
(Eff. 1/01/05)
(2) Generally uncontested and default family law judgments shall be obtained
by declaration. However, a hearing may be set upon request of a party or by
Court order.
(Eff. 1/01/98)
B. JUDGMENT BY DEFAULT
(1) Unless the Court orders otherwise, a default will not be
entered based on notice and acknowledgment of receipt signed by a person
other than the party to whom it is directed.
(2) Default will not be entered if Respondent’s address as
stated on Petitioner’s Request to Enter Default (Form No. FL-165) is the
same as Petitioner’s address, unless Petitioner also files a declaration
stating under oath that Petitioner and Respondent live at the same address.
(Eff. 1/01/08)
(3) The signatures on any written agreement between self-represented parties
which is submitted to the Court as part of a judgment shall be notarized in
accordance with the rules of the jurisdiction in which the agreement is
signed, the signature shall be authenticated by a member of the bar, or it
shall be signed or acknowledged in open court.
(Eff. 1/01/02)
C. REQUIRED DOCUMENTS
(1) A Family Law Judgment Checklist (attached local form
FM-1052) or Family
Law Parentage Judgment Checklist (attached local form
FM-1053) must be
completed and filed with any proposed default or uncontested judgment that
is submitted to the Clerk's Office pursuant to Family Code § 2336. All
documents described in those checklists must also be submitted.
Eff. 7/01/08)
D. CHILD CUSTODY AND VISITATION
(1) If Petitioner is asking for a default Judgment in a
dissolution, legal separation, or nullity of a marriage or domestic
partnership, or in a parentage or custody and support case, and has a child
with the other parent and one or more of the following apply:
a. does not already have a custody and visitation order,
b. did not file a
Child Custody and Visitation Application Attachment
(Judicial Council form FL-311) or a specific Proposed order with the Petition,
c. does not already have a Marital Settlement Agreement or Stipulated
Judgment,
then the Petitioner shall complete, file and serve by mail
or in person a Declaration for Default Custody and Visitation Orders
(attached local form FM-1025)
at least 15 calendar days before the Judgment is submitted.
(Eff. 1/01/09)
(2)
A copy of the filed Declaration and proof of service shall be submitted to the
Court with any proposed judgment.
(Eff. 1/01/09)
(3) If Petitioner is obtaining the Judgment by a default
hearing, the Petitioner does not have to file and serve the Declaration for
Default Custody and Visitation Orders (attached local form FM-1025)
but must be prepared to talk about the factors requested in the Declaration
at the default court hearing.
(Eff. 1/01/09)
E. CHILD SUPPORT
(1) Where judgment is obtained by default and there is no
attached written agreement concerning child support, an attached declaration
shall state the effective date of the order sought, the amount of support
sought per child and in total, the gross and net
income of each party, the name and birth date of each child, and the amount
of support for each child as calculated according to the California child
support guidelines. A computerized printout of the guideline calculations,
including the findings page, may be substituted for the support portion of
this declaration.
(Eff. 1/01/02)
(2) Where a child support order is sought and the party to
whom support is to be paid is receiving public assistance or the Department
of Child Support Services (DCSS) is enforcing existing child support orders,
that fact shall be set out in the Judgment and the issue shall be reserved
for enforcement by DCSS. The party shall further list the court case number
of the DCSS action, if known.
(Eff. 1/01/07)
F. SPOUSAL OR PARTNER SUPPORT
(1) The issue of spousal or partner support for each party must be
addressed in the judgment. A support amount may be requested, spousal
or partner support may be terminated, or the issue of spousal or partner support may be reserved.
(Eff. 1/01/05)
(2) If a request is made for:
a. establishing by default permanent spousal or partner
support for Petitioner or Respondent, or
b. terminating by default spousal or partner support for the
Respondent, in a "marriage of long duration" (as defined in Family Code
§ 4336(b)),
and there is no attached written agreement concerned a
spousal or partner support, Petitioner shall file and serve by mail a
declaration at least 15 calendar days before filing the Judgment stating the
following:
i. The effective date of the order sought
ii. The proposed duration of support sought
iii. The amount of support sought
iv. The gross and net income of both parties
v. Information regarding all relevant factors under Family Code § 4320
(Eff. 1/1/09)
The
Proof of Service by Mail form (FL-335) for service of this
declaration shall be filed with the Court before filing the proposed
Judgment.
(Eff. 1/01/09)
This section does not apply to requests for termination of
permanent spousal support in marriages not of long duration under Family
Code § 4336(b).
(Eff. 1/01/09)
G. REAL PROPERTY
All real property referred to in a judgment shall be
described by its complete common address and/or legal description.
(Eff. 1/01/98)
H. RESTORATION OF NAME
Restoration of a party’s former name shall be ordered in a
judgment only upon that party’s written request or request in open court.
(Eff. 1/01/98)
Family Rules: Summary - 1 -
2 - 3 -
4 - 5 -
6 - 7 -
8 - 9 - Appendix: A - B - C
List of attached Family local forms
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