Can the FL115 be used in leu of FL141 if all the correct boxes are checked (FL140, 142, 150, 160)? I served everything together.

I am about to turn in Judgement Packet. I have DEFAULT WITH MSA. I am waiving Final Declaration, but want to make sure that I have covered my base with FL 115 as proof of service for my Preliminary Declaration. Everything was served together petition, income and expense and so on. The default has already been entered. Our accurately written with (correct language for Family codes )MSA has been notarized. Thank you!!

Half Moon Bay, CA -

Attorney Answers (1)

Trevor L Hensley

Trevor L Hensley

Family Law Attorney - Granite Bay, CA
Answered

No. I have always had clients sign both documents. The clerk's office will look specifically for the FL-141 in ensuring that the proper procedure was followed in obtaining a default judgment and there is a chace they might miss a form that you wrote in under the "other" section. Cover your bases and file the FL-141 to avoid unnecessary delay. Defaults can only be obtained after service of preliminary disclosures. Might as well make sure that the proof of this service is open and notorious.

Hope this helps.

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