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On a default divorce case do i check boxes 1, 2 and 3 on fl-141? What is box 4 for? she defaulted, there's no agreements at all

Hayward, CA |

my proof of service was served in 2002, and now i'm trying to get a judgement

Attorney Answers 2

  1. Look at box 4c. You are entitled to waive your right to receive a final disclosure and it relieves you of the duty to provide one to the opposing party.

    If you need further assistance, contact a local attorney, perhaps one who agrees to do it 'low-bono'

    Good luck.

    Thomas A. Schaeffer, Esq. Law Office of Juarez and Schaeffer PO Box 16216, San Diego, CA 92105 (619) 804-4327 This posting is provided for "informational purposes" only and should not be relied upon as "legal advice." Nothing transmitted from this posting constitutes the establishment of an attorney-client relationship. Applicability of the legal principals discussed here may differ substantially in individual situations or in different States.

  2. If process service was in 2002, or your proof of service was filed in 2002, you had better check to see whether or not your case was dismissed pursuant to the 5-year rule requiring diligent prosecution to judgment. Look up your case summary on the Court's website to determine whether or not it was dismissed. If the case is still viable, on the FL-141, 1) you are the Petitioner; 2) fill in the boxes to show how and when your PDD was served on the other party; 3) do the same re your FDD; 4) is inapplicable if the Respondent defaulted. Consult with an experienced Family Law Attorney regarding what you need to do to complete the case, or go to the Superior Court's Self-Help Clinic for assistance from a volunteer lawyer.

    Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is fact specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship.