I filed the final forms for a Default/Uncontested Dissolution with NO court hearing. There will be NO child support, division of properties or finances.
I received the final forms back in my returned envelope along with the Sacramento court's 1-page Review Status stating that I need the following in order to complete my case:
o required child support language
o required 4065 child support language
o required health insurance language
o required spousal support language addressing support for BOTH parties
o required child custody/visitation language
o proposed judgement seeks relief inconsistent with that requested in the Petition
Do I write on a plain paper to address the required languages above??
Divorce / Separation Lawyer
Most people cannot deal with these problems without assistance. If you don't want to pay for an attorney, then you could hire a paralegal. A lower cost alternative for the do it yourself type person would be a "how to" book. Finally, the free service of the self help center located at your courthouse is available.
Family Law Attorney
Without seeing what boxes you checked on the Judgment Form it is hard to provide a final answer. That the Clerk sent you back a letter requiring Child Support and Child Custody language implies strongly that there is a CHILD involved. If there is no CHILD involved, then the Clerk's demands (regarding those issues) are in error -- that happens sometimes.
You do NOT write the answers on plain paper. I think the Clerk expects that information on Judicial Council Forms. You may need to hire an attorney to draft this up. It is not very time consuming, but it is intricate enough that it would take about as long to explain what needs to be done as just doing it. Good luck.
As stated above -- I have NOT actually stated any legal opinion, because I need to know more before I can start to form one.
2 lawyers agree
Have you tried using the Sacramento Family Law Facilitator? If these are procedural errors, they can help you correct the paperwork and explain the procedural rules you must follow.
If there is a child, there is specific language that must be in an Agreement or Stipulation that is given to the Judge to sign. You can't waive child support if one person is getting any type of government assistance and if not, you still have to show how the child's needs will be met and there is specific language that must be put in an Agreement, if there is one. You must also state the custody agreement or who has custody if there is no agreement since this is a default.
It is probably worth paying for an hour or two of an attorney's time to help you correct these things. Look for an attorney who offers "unbundled" services or who will give you a free consultation so you can be sure they can help you.
Have an attorney review your Petition and all documents you filed with the court. This way, the attorney can prepare the Default Judgment that will be consistent with your Petition. This shouldn't cost much.
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