I am at the final stage of my divorce and am confused. My husband and I are in complete agreement and want to finish off the divorce as soon as possible. We filed as uncontested default and so far it seems ok. I am ready to submit the FL 165, 170, 190 and 180 forms. For form 170 im a bit confused. I checked default or uncontested, but im stuck on question 5 the settlement agreement and question 6 the declaration of disclosures. For question 5 do we need to draw up an agreement or can we avoid this? And for question 6 the declaration of disclosures, by waiving the receipt of final declaration will I be done with this form? I am not asking for spousal support.
If you and your husband are filing an UNCONTESTED divorce proceedings it means that both of you have signed off on the same Form and that:
1, You have not been married for more than five (5) years;
2. You do not own any real estate property together; and
3. There are no child(ren) to the marriage.
If you meet all the above criteria and you are not asking for spousal support, you do not need anything further to prove-up the dissolution of your marriage - so, these unsettling questions may not be applicable to your situation.
This might also help you, in the courthouses there are facilitators who can direct you as to completion of Forms used in divorce proceedings, you can seek their assistance with particular questions appearing on the Forms. Do not ask the clerks, they cannot help you, they are precluded from offering any help that may amount to giving legal advise or legal assistance. Hopefully, this would help you scale the hump presented by the questions in issue.
Wishing you the best.
Chief Nnamdi A. Ekenna.
Submit a Stipulated Judgment (FL-180) with Judgment Attachment Pages which you prepare that set forth the details of the Judgment, i.e., child custody, visitation, child support, spousal support, property division, allocation of debt, etc. You didn't mention the FL-130 Appearance, Stipulations and Waivers form, which you and your husband need to complete and sign. In box 3 "other" on the FL-130, state: "the parties stipulate that the Court shall enter the Stipulated Judgment submitted herewith", and on the FL-170 Declaration for Default or Uncontested Dissolution, check boxes 4b and 5a, and check the box adjacent to "a stipulated judgment", check box 6a (and you and your husband should concurrently file your respective FL-141 Declaration(s) Regarding Service of Preliminary and Final Declaration of Disclosure and FL-150 Income and Expense Declarations (and exchage your FL-140 Declaration(s) of Disclosure and FL-150 Income and Expense Declarations), or if you and he choose to waive Final Declarations of Disclosure and have already exchanged (or are now exchanging) Preliminary Declarations of Disclosure, you could check box 6c if the Judgment Attachment Pages contain the language addressed in the box 6c text - in that case, you stiill need to exchange Preliminary Declarations of Disclosure and check the appropriate boxes in the FL-141 (it is far easier just to make your Preliminary and Final Declarations of Disclosure in one FL-140, and check the boxes in the FL-141 to indicate that both have been served). Submit at least 4 FL-190 forms - when Judgment is entered, the clerk mails one to you and one to your husband. Submit self-addressed stamped envelopes for the clerk to use to mail the Notice(s) of Entry of Judgment to you and your husband. Submit a large self-addressed stamped envelope for the Court to mail stamped/signed copies of the Judgment to you after the Court signs and files the Judgment. Submit, along with the original FL-180 Judgment, at least 2, if not 3 extra copies.
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.
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