Q: Does FL-165 make an uncontested, amicable divorce go more smoothly/easily? My spouse did NOT file FL-120.
My spouse and I are using DivorceWriter.com for our divorce, to save money and get everything done cleanly. We are starting our financial disclosure process right now.
My spouse did NOT file FL-120, per DivorceWriter's step-by-step checklist instructions.
After exchanging FL-140, FL-150, and FL-142, my instructions are to file FL-144. After that, FL-141.
Then, the next step in the DivorceWriter instructions is to file FL-165 "Request to Enter Default".
I mostly understand the process, but I am hesitant about this step, in case it would cause trouble. For example, on FL-141, #4a. should be checked if we are NOT in default. However, #4c. should be checked if we ARE in default. But, it says to file FL-141 first, and check #4a. … but then to file FL-165 to request to enter default after that.
I'm slightly confused about this step. Any insight you could provide would be extremely appreciated!
A:
I think DivorceWriter is leading you astray. If your spouse did not file an FL-120, then your case is a default unless they made a general appearance. A general appearance w/out an FL-120 is rare. If you're being told to file an FL-165, I would assume there was no general appearance. Without a general appearance, the FL-144 is unnecessary. You need to provide your financial disclosures, but your spouse does not.
A default case is very easy from petitioner's perspective: FL-165, FL-170, FL-180, FL-190 and any financial disclosure forms by the petitioner. Respondent doesn't need to do a thing. This is the bare minimum. If your case has extra complexity, other forms may also be required.
If your spouse made a general appearance without an FL-120, do you and he/she have an agreement on how to resolve the case? If so, that needs to be put in writing.
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