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If your spouse/partner has not served and filed a Response and more than 30 days have passed since he/she was served with the Summons and Petition, you are eligible to proceed by Default. You must file a Request to Enter Default and proceed to judgment by attending a hearing or by preparing a declaration.
To decide which method is right for you, review the following packets: If you do not agree on all issues involved in your case, you may want to have a judge decide those issues.
The forms used to start a case are included in the following packets: If you have been married for less than five years and have no children together, born or adopted, before or during marriage , you may file a Joint Petition for Summary Dissolution of Marriage if you meet the property limitations.
For more information, you may go to the California Courts' Self-Help Center If you would like to amend your Summons and/or Petition in your case, you are allowed to amend one time without permission from the court.
The judge will make a decision on the issues after considering all relevant evidence presented to the court.
If you disagree with your case being set for trial pursuant to Local Rule 5.26, you may request a hearing by serving and filing in Department 128 a Notice of Hearing on Memorandum to Set Counter Memorandum (FL/E-LP-605).
If you are seeking a nullity of marriage or nullity of partnership, you will need to prove in a court hearing that your marriage satisfies one of the grounds listed below.
If the other party takes your default, you may not be allowed to file documents or attend hearings in your case.
If you are requesting a hearing to compel the other party to complete their financial disclosures, you must make a written demand before filing your Request for Order.
In that event, this court may be prevented from making important orders in your case.
You should seek legal advice about how to proceed if the other spouse lives outside California and is likely to object to having the case handled here.