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What are the steps to file a stipulated judgment to avoid re-serving respondent amended paperwork prior to default hearing?

Long Beach, CA |

I have a default trial scheduled for next week and have found errors in my paperwork. These errors entail a disagreement where I classified property as separate property (in petition) and community property to be divided (in property declaration). Clearly, this is why my judgment has been rejected. I do not want to amend paperwork and refile, and understand that to avoid doing so, I may file a stipulated judgment. What paperwork must be completed to file the stipulated judgment? Do I file this paperwork at courthouse prior to hearing or bring to hearing, and is it possible to avoid court date altogether by filing this paperwork? This is an amicable and simple divorce with little property to divide, and both agree to and desire a simple and fast resolution to this case.

Attorney Answers 1

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A stipulated judgment would have to be signed by the opposing party and if there is a default against them, then the defaulted party must have their signature notarized and attached to the stipulated judgment. You should file the proposed judgment prior to the hearing. I suggest that you retain services of attorney to guide you on this matter.

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