Phoenix, AZ asked in Family Law for California

Q: I’m going to file my final judgment myself but ex & her lawyer won’t sign the FL-130 needed for it.

Can I still file the final judgment if my ex and her lawyer are refusing to sign the FL130 form that is needed in the final judgment packet? My case is in riverside county California

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2 Lawyer Answers
James R. Dickinson
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Answered

A: In California, family law judgments are court orders issued after a legal proceeding, typically involving issues such as divorce, child custody, child support, spousal support, property division, or domestic violence. These judgments are legally binding and enforceable, meaning the parties involved must comply with the terms set by the court. If a party fails to follow the judgment, the other party can request enforcement. Family law judgments can be modified if there is a significant change in circumstances, such as a change in income or living situation, and the parties may request a modification by filing a petition with the court. It’s important that individuals involved in family law cases understand their rights and obligations under the judgment to avoid potential legal consequences. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

James L. Arrasmith
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Answered

A: Yes, you can still file your final judgment without your ex-spouse and their lawyer's signature on the FL-130 form. In California, if the other party is uncooperative, you can proceed by requesting a default judgment or scheduling a court hearing.

To move forward, you'll need to file a Request for Order (FL-300) with the court asking for the judge to sign off on your judgment without the other party's signature. Make sure to include a declaration explaining your attempts to get signatures and the other party's refusal to cooperate. It's helpful to document all communication attempts regarding the signatures.

When you go to file in Riverside County, bring all your completed divorce paperwork along with proof that you've served the other party properly throughout the case. The court clerk can guide you through which additional local forms might be required, and the judge will review your case to determine if they can grant the judgment without the FL-130 signatures. Remember to bring multiple copies of everything you file, and consider requesting a fee waiver if needed.

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