SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO FAMILY LAW JUDGMENT CHECKLIST (Dissolution/Legal Separation/Nullity) INSTRUCTIONS This checklist is designed as a tool to assist you and the court in processing your judgment. It may not include all information that is legally required, is not legal advice, and it should not be used as a substitute for legal advice from an attorney licensed by the State Bar of California. If you have any questions about your legal rights, you should talk to an attorney. Please include a copy of the completed checklist you use with your judgment package. The checklists address the three most common ways to obtain a judgment: 1. True Default Case - no response filed and no written agreement. (SDSC Form #D-238) 2. Default Case with Written Agreement - no response filed and a written agreement. (SDSC Form #D-239) 3. Uncontested Case - appearance by both parties and a written agreement. (SDSC Form #D-240) Please note that if respondent is active duty military, a true default judgment may not be used to enter judgment. You only need to complete the checklist appropriate to the circumstances of your case. All items MUST be completed either by checking each line to indicate that you have filed that form or by marking “N/A” to indicate that the item is not applicable in your case. If any of these items were previously filed, please note the filing date next to the item. Please provide an envelope large enough for all documents, and stamped with sufficient postage, so we may return your copies to you. SDSC D-237 (New 2/09) FAMILY LAW JUDGMENT CHECKLIST Instructions American LegalNet, Inc. www.FormsWorkflow.com SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO CENTRAL DIVISION, FAMILY COURT, 1555 6TH AVE., SAN DIEGO, CA 92101 EAST COUNTY DIVISION, 250 E. MAIN ST., EL CAJON, CA 92020 EAST COUNTY DIVISION, RAMONA, 1428 MONTECITO RD., RAMONA, CA 92065 NORTH COUNTY DIVISION, 325 S. MELROSE DR., VISTA, CA 92081 SOUTH COUNTY DIVISION, 500 3RD AVE., CHULA VISTA, CA 91910 FAMILY LAW JUDGMENT CHECKLIST True Default Case TRUE DEFAULT CASE (no Response filed and NO WRITTEN AGREEMENT between the parties): 1. Submit an original Proof of Service of Summons (one of the following): Proof of Service of Summons (personal service) (optional- JC Form #FL-115). Notice and Acknowledgment of Receipt (JC Form #FL-117). Service out-of state - by certified mail with U. S. postal green or pink receipt card signed by the respondent attached (optional- JC Form #FL-115 or out-of-state form). Other (please describe): 2. Submit a Declaration Regarding Service of Declaration of Disclosure (JC Form #FL-141). Submit the Petitioner’s Preliminary Declaration of Disclosure (JC Form #FL-140). (submit conformed copy if previously filed) 3. Submit a Request to Enter Default (JC Form #FL-165). Attach one (1) stamped envelope addressed to the respondent with the Superior Court’s return address. 4. Submit a Declaration for Default or Uncontested Dissolution/Legal Separation (JC Form #FL-170). 5. Submit a Judgment (JC Form #FL-180). (preferably on pink paper) Must contain provisions regarding property division and spousal/partner support. Mark 4.f. if petitioner is requesting his/her former name be restored on the petition. Clearly print the full name being requested. 6. If you have Minor Children of the marriage: If there are minor children of the marriage/partnership, complete 4.l. and 4.m. on the judgment. If there are minor children born to the parties prior to the date of marriage/date of registration: Check to see that 7.d. was checked on the petition and then mark 4.k.(2) on the judgment. If 7.d was not checked on petition, an amended petition must be filed and served on the respondent before proceeding with judgment. Proof of Service of the amended complaint being served is also required before proceeding with judgment. Submit an Income and Expense Declaration (JC Form #FL-150). (preferably on green paper) If an Income and Expense Declaration has been previously filed, it must be no more than 60 days old. Submit a Child Custody and Visitation Attachment (JC Form #FL-341). Submit a Child Support Order Attachment (JC Form #FL-342). Submit a Notice of Rights and Responsibilities/Information Sheet on Changing a Child Support Order (JC Form #FL-192). Submit a Child Support Case Registry Form (JC Form #FL-191). SDSC D-238 (New 2/09) FAMILY LAW JUDGMENT CHECKLIST True Default Case Page 1 of 2 7. If you are requesting Spousal/Partner Support be ordered, terminated or reserved: If requesting spousal/partner support be ordered, complete 4.n. on judgment. If terminating the right to support payments, use this language: The court terminates jurisdiction to award spousal (partner) support to either party. If reserving the right to support payments at a future time, use this language: The court reserves jurisdiction to award spousal (partner) support to ___________________________ (one or both parties.). Submit an Income and Expense Declaration (JC Form #FL-150). (preferably on green paper) If an Income and Expense Declaration has been previously filed, it must be no more than 60 days old. Submit a Spousal, Partner or Family Support Order Attachment (JC Form #FL-343). 8. If you are requesting Property Division: Complete 4.o. on the judgment: If there is no property, use the following language for item 4.o.(3). of the judgment: There are no community assets, debts, pension or retirement benefits to be divided. Submit a Property Order Attachment (JC Form #FL-345). 9. Submit a Notice of Entry of Judgment (JC Form #FL-190). Attach two (2) stamped envelopes, with one addressed to each party with the Superior Court’s return address. The names and addresses on the Notice of Entry of Judgment form must match the envelopes exactly. 10. Miscellaneous Verify case number on all forms is correct. Verify party names on all forms match the petition and are spelled correctly. Submit three complete sets of the documents to the court; one original (two-hole punched at the top) and two additional copies. Attach a self-addressed envelope with sufficient postage, large enough to return all copies, or an attorney messenger slip, to ensure that copies are returned to you. SDSC D-238 (New 2/09) FAMILY LAW JUDGMENT CHECKLIST True Default Case Page 2 of 2 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO CENTRAL DIVISION, FAMILY COURT, 1555 6TH AVE., SAN DIEGO, CA 92101 EAST COUNTY DIVISION, 250 E. MAIN ST., EL CAJON, CA 92020 EAST COUNTY DIVISION, RAMONA, 1428 MONTECITO RD., RAMONA, CA 92065 NORTH COUNTY DIVISION, 325 S. MELROSE DR., VISTA, CA 92081 SOUTH COUNTY DIVISION, 500 3RD AVE., CHULA VISTA, CA 91910 FAMILY LAW JUDGMENT CHECKLIST Default Case with Written Agreement DEFAULT CASE WITH WRITTEN AGREEMENT (No response filed and Written Agreement): 1. Submit an original Proof of Service of Summons (one of the following): Proof of Service of Summons (personal service) (optional- JC Form #FL-115). Notice and Acknowledgment of Receipt (JC Form #FL-117). Service out-of state - by certified mail with U. S. postal green or pink receipt card signed by the respondent attached (optional- JC Form #FL-115 or out-of-state form). Other (Please describe): 2. Submit a Declaration Regarding Service of Declaration of Disclosure (JC Form #FL-141). Submit the petitioner’s Preliminary Declaration of Disclosure (JC Form #FL-140). (submit conformed copy if previously filed) Submit the respondent's Preliminary Declaration of Disclosure (JC Form #FL-140). (submit conformed copy if previously filed) 3. Submit a Request to Enter Default (JC Form #FL-165). Attach one (1) stamped envelope addressed to the respondent with the Superior Court’s return address. 4. Submit a Declaration for Default or Uncontested Dissolution/Legal Separation (JC Form #FL-170). If minor children are involved, item 13.a. and 13.b. or 13.c. on the declaration must be completed. 5. Submit a Stipulation and Waiver of Final Declaration of Disclosure (JC Form #FL-144) or Declaration Regarding Service of Declaration of Disclosure (JC Form #FL-141) from each party with #3 marked. Must be signed by both the petitioner and respondent. 6. Submit a Judgment (optional- JC Form #FL-180). (preferably on pink paper) Mark 4.f. if petitioner is requesting his/her former name be restored on the petition. Clearly print the full name being requested. Corresponding language regarding restoration of former name must be in written agreement if not requested in the petition. Mark 4.i. and corresponding box (1) on 4.l., 4.m., 4.n. and 4.o. for written agreement as case requires. 7. Attach a copy of the Written Agreement to the judgment. If either party has an attorney, the attorney must sign, date and approve the written agreement. The respondent’s signature must be notarized. Include the following language: Provisions regarding property division and spousal/partner support jurisdiction. Child support and child custody/visitation provisions, if there are minor children. The matter may proceed on the default or uncontested calendar before a temporary judge. The parties waive their rights to notice of trial, a statement of decision, to move for a new trial, and to appeal. SDSC D-239 (New 2/09) FAMILY LAW JUDGMENT CHECKLIST Default Case with Written Agreement Page 1 of 2 If there are minor children: Fam. Code § 3048: (a) This court has jurisdiction over the minor child(ren) as California is child’s home state. (b) Both parties were personally present at the execution of this custodyvisitation agreement, both have knowledge of their right to a hearing in this matter and both waive their right to the hearing based upon this custody and visitation agreement. (c) The parties agree the habitual residence of the child(ren) is the U.S.A. (d) Both parties acknowledge being advised that any violation of this order may result in civil or criminal penalties or both. If there are minor children: Fam. Code § 4065: The parties are fully informed of their rights concerning child support. The order is being agreed to without coercion or duress. The agreement is in the best interest of the children, and the needs of the children will be adequately met by the stipulated amount. The right to support has not been assigned to any county pursuant to Section 11477 of the Welfare and Institutions Code and no public assistance application is pending. If there are minor children and Department of Child Support Services ("DCSS") is involved include the language for all that apply: Petitioner and/or respondent and/or children are presently receiving public assistance in the form of cash aid. All child support should be made payable to the State Disbursement Unit, P. O. Box 989067, West Sacramento, CA 95798. AND/OR Child support is being enforced by DCSS in Case No. AND/OR The issue of child support in this case is reserved to the Family Support Division. If the Written Agreement includes child support, the following forms must also be included: Notice of Rights and Responsibilities/Information Sheet on Changing a Child Support Order (JC Form #FL-192). Each party must complete and submit a Child Support Case Registry Form (JC Form #FL-191). 8. Submit a Notice of Entry of Judgment (JC Form #FL-190). Attach two (2) stamped envelopes, with one addressed to each party with the Superior Court’s return address. The names and addresses on the Notice of Entry of Judgment form must match the envelopes exactly. 9. Miscellaneous Verify case number on all forms is correct. Verify party names on all forms match the petition and are spelled correctly. Submit three complete sets of the documents to the court; one original (two-hole punched at the top) and two additional copies. Attach a self-addressed envelope with sufficient postage, large enough to return all copies, or an attorney messenger slip, to ensure that copies are returned to you. SDSC D-239 (New 2/09) FAMILY LAW JUDGMENT CHECKLIST Default Case with Written Agreement Page 2 of 2 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO CENTRAL DIVISION, FAMILY COURT, 1555 6TH AVE., SAN DIEGO, CA 92101 EAST COUNTY DIVISION, 250 E. MAIN ST., EL CAJON, CA 92020 EAST COUNTY DIVISION, RAMONA, 1428 MONTECITO RD., RAMONA, CA 92065 NORTH COUNTY DIVISION, 325 S. MELROSE DR., VISTA, CA 92081 SOUTH COUNTY DIVISION, 500 3RD AVE., CHULA VISTA, CA 91910 FAMILY LAW JUDGMENT CHECKLIST Uncontested Case UNCONTESTED CASE (Response-Marriage or Appearance, Stipulation and Waivers filed by respondent and a WRITTEN AGREEMENT): 1. Submit the First Appearance of Respondent (One of the following documents with first appearance fees): Response – Marriage (optional- JC Form #FL-120). (submit conformed copy if previously filed.) OR Appearance, Stipulation, and Waivers (JC Form #FL-130). (submit conformed copy if previously filed.) 2. Submit an original Proof of Service of Summons (one of the following): Proof of Service of Summons (personal service) (optional- JC Form #FL-115). Notice and Acknowledgment of Receipt (JC Form #FL-117). Service out-of state - by certified mail with U. S. postal green or pink receipt card signed by the respondent attached (optional- JC Form #FL-115 or out-of-state form). Other (Please describe): 3. Submit a Declaration Regarding Service of Declaration of Disclosure (JC Form #FL-141). Submit the Petitioner’s Preliminary Declaration of Disclosure (JC Form # FL-140). (submit conformed copy if previously filed) Submit the Respondent's Preliminary Declaration of Disclosure (JC Form # FL-140). (submit conformed copy if previously filed) 4. Submit a Stipulation and Waiver of Final Declaration of Disclosure (JC Form #FL-144). Must be signed by both the petitioner and respondent. 5. Submit a Declaration for Default or Uncontested Dissolution/Legal Separation (JC Form #FL-170). If minor children are involved, item 13.a. and 13.b. or 13.c. on the declaration must be completed. 6. Submit a Judgment (optional- JC Form #FL-180). (preferably on pink paper) Mark 4.f. if petitioner is requesting his/her former name be restored on the petition. Clearly print the full name being requested. Corresponding language regarding restoration of former name must be in written agreement if not requested in the petition. Mark 4.i. and corresponding box (1) on 4.l., 4.m., 4.n. and 4.o. for written agreement as case requires. 7. Attach a Written Agreement to the judgment. If either party has an attorney, the attorney must sign, date and approve the written agreement. Include the following language: Provisions regarding property division and spousal/partner support jurisdiction. Child support and child custody/visitation provisions, if there are minor children. SDSC D-240 (New 2/09) FAMILY LAW JUDGMENT CHECKLIST Uncontested Case Page 1 of 2 The matter may proceed on the default or uncontested calendar before a temporary judge. The parties waive their rights to notice of trial, a statement of decision, to move for a new trial, and to appeal. If there are minor children: Fam. Code § 3048: (a) This court has jurisdiction over the minor child(ren) as California is child’s home state. (b) Both parties were personally present at the execution of this custodyvisitation agreement, both have knowledge of their right to a hearing in this matter and both waive their right to the hearing based upon this custody and visitation agreement. (c) The parties agree the habitual residence of the child(ren) is the U.S.A. (d) Both parties acknowledge being advised that any violation of this order may result in civil or criminal penalties or both. If there are minor children: Fam. Code § 4065: The parties are fully informed of their rights concerning child support. The order is being agreed to without coercion or duress. The agreement is in the best interest of the children, and the needs of the children will be adequately met by the stipulated amount. The right to support has not been assigned to any county pursuant to Section 11477 of the Welfare and Institutions Code and no public assistance application is pending. If there are minor children and Department of Child Support Services ("DCSS") is involved include all that apply: Petitioner and/or respondent and/or children are presently receiving public assistance in the form of cash aid. All child support should be made payable to the State Disbursement Unit, P. O. Box 989067, West Sacramento, CA 95798. AND/OR Child support is being enforced by DCSS in Case No. AND/OR The issue of child support in this case is reserved to the Family Support Division. If the Written Agreement includes child support, these forms must be included: Notice of Rights and Responsibilities/Information Sheet on Changing a Child Support Order (JC Form #FL-192). Each party must complete and submit a Child Support Case Registry Form (JC Form #FL-191). 8. Submit a Notice of Entry of Judgment (JC Form #FL-190). Attach two (2) stamped envelopes, with one addressed to each party with the Superior Court’s return address. The names and addresses on the Notice of Entry of Judgment form must match the envelopes exactly. 9. Miscellaneous Verify case number on all forms is correct. Verify party names on all forms match the petition and are spelled correctly. Submit three complete sets of the documents to the court; one original (two-hole punched at the top) and two additional copies. Attach a self-addressed envelope with sufficient postage, large enough for the return of all copies, or an attorney messenger slip, to ensure that copies are returned to you. SDSC D-240 (New 2/09) FAMILY LAW JUDGMENT CHECKLIST Uncontested Case Page 2 of 2