Free Family Law - 11.15: Judgment Checklist - California

SAN FRANCISCO COUNTY SUPERIOR COURT Superior Court of California San Francisco County Unified Family Court
In the Marriage of: Petitioner:

Case No. __________________ FAMILY LAW JUDGMENT CHECKLIST (Dissolution/Legal Separation/Nullity)

v.

Attorney / Mediator
Respondent:

Self-Represented Party

INSTRUCTIONS: There are three types of cases: "True Default" (no response, no written agreement); "Default" (no response and a written agreement); and "Uncontested" (appearance by both parties and a written agreement). You only need to complete the checklist for your type of case. All items should be completed either by checking each line to indicate compliance or by marking "N/A" to verify that an item is not applicable. If any of these documents were previously filed, please note the filing date on the line.

TRUE DEFAULT CASE (no response filed and NO WRITTEN AGREEMENT between the parties)
1. Proof of Service of Summons (check one of the following) Personal Service. Notice and Acknowledgment of Receipt attached. Service out of state and certified mail receipt attached. Service out of country and declaration regarding service attached. Other, please indicate 2. 3. 4. 5. 6. Request to Enter Default. Declaration for Default or Uncontested Dissolution/Legal Separation or Declaration in Support of Request for Nullity. Declaration Regarding Service of Petitioner's Preliminary Declaration of Disclosure. Judgment. (Must contain provisions regarding property division, spousal support jurisdiction, child support and child custody/visitation, if applicable) If you have children of the marriage: Income and Expense Declaration; Guideline child support calculation; Child Support Order Attachment; (attach this form to the Judgment) Child Support Case Registry Form; Information Sheet on Changing a Child Support Order; (attach this form to the Judgment) Notice of Rights and Responsibilities; (attach this form to the Judgment)

Department of Child Support Services has approved Judgment if child support is being enforced through their agency. If requesting to reserve jurisdiction over child support, Declaration in support of request showing that children's needs will be met with custodial parent's income alone. Declaration pursuant to San Francisco Local Rule 11.15(c)(2)(B) stating, 1) date of parties' separation; 2) custodial arrangement since separation; 3) extent of contact between the child(ren) and the non-custodial parent; and 4) if the moving party seeks to deny visitation to the defaulting party, a statement concerning the reasons. Child Custody and Visitation Order Attachment. (Attach this form to the Judgment) 7. If you are requesting Spousal Support: Declaration pursuant to Family Code §4320 in support of request for spousal support; Income and Expense Declaration. 8. If you are requesting Property Division: Property Declaration (FL-160) Property Order Attachment to Judgment (FL-350) 9. 10. 11. 12. Notice of Entry of Judgment Jurisdiction date on Judgment agrees with information in file. Declaration explaining request for retroactive (nunc pro tunc) entry of Judgment provided. For Status Only Judgment: Declaration Regarding Service of Moving Party's Preliminary Declaration of Disclosure provided, or written Stipulation to defer service Declaration stating that there are no pensions to be divided OR Joinder of pensions plans with Proof of Service on plan, and an order in the Judgment that complies with Family Code §2337(d)(2) 13. Four self-addressed, stamped envelopes: 1) Two envelopes, one addressed to Petitioner and one addressed to Respondent, sufficient in size and with sufficient postage for the Judgment and Notice of Entry of Judgment (Respondent's address must be the same as it is on the Request to Enter Default); and 2) Two envelopes, one addressed to Petitioner and one addressed to Respondent, sufficient in size and with sufficient postage for copies of all other documents submitted.

DEFAULT CASE (no response filed and a WRITTEN AGREEMENT between the parties on all issues)
1. Proof of Service of Summons (check one of the following): Personal Service. Notice and Acknowledgment of Receipt attached. Service out of state and certified mail receipt attached. Service out of country and declaration regarding service attached. Other, please indicate:

2. 3. 4. 5. 6. 7.

Declaration Regarding Service of Preliminary Declaration of Disclosure (BOTH Petitioner's and Respondent's). Declaration Regarding Service of Final Declaration of Disclosure (BOTH Petitioner's and Respondent's) or a separately filed waiver pursuant to Family Code Section 2105. Request to Enter Default with two (2) self addressed, stamped envelopes. Declaration for Default or Uncontested Dissolution or Legal Separation. Judgment If Child Support is included in the written agreement: Stipulation to Establish or Modify Child Support and Order or Acknowledgment pursuant to Family Code § 4065 included in written agreement; A calculation of guideline child support (required even if parties are agreeing to reserve jurisdiction over child support) Child Support Case Registry Form (one from each parent OR one with both parents' information); Information Sheet on Changing a Child Support Order; (attach this form to the Judgment) Notice of Rights and Responsibilities; (attach this form to the Judgment) Department of Child Support Services has approved Judgment if Child Support is being enforced through their agency.

8. 9. 10. 11. 12.

Notice of Entry of Judgment. Respondent's address must be the same as it is on the Request to Enter Default. Jurisdiction date on Judgment agrees with information in file Declaration explaining request for retroactive (nunc pro tunc) entry of Judgment. Respondent's signature on agreement is notarized. For Status Only Judgment: Declaration Regarding Service of Moving Party's Preliminary Declaration of Disclosure provided, or written Stipulation to defer service; Joinder of pension plans or Stipulation that there are no pensions to be divided; Stipulation for Bifurcation and/or Order for Bifurcation; if there are pensions, include an order that complies with Family Code § 2337(d)(2).

13.

Four self-addressed, stamped envelopes: 1) Two envelopes, one addressed to Petitioner and one addressed to Respondent, sufficient in size and with sufficient postage for the Judgment and Notice of entry of Judgment and 2) Two envelopes, one addressed to Petitioner and one addressed to Respondent, sufficient in size and with sufficient postage for copies of all other documents submitted.

UNCONTESTED CASE (Respondent is appearing or has appeared and there is a WRITTEN AGREEMENT between the parties on all issues)
1. 2. 3. Appearance, Stipulation and Waiver with $20 stipulation fee. Respondent's filing fee, if first appearance. Declaration Regarding Service of Preliminary Declaration of Disclosure in file or included (both Petitioner's and Respondent's).

4. 5. 6. 7.

Declaration Regarding Service of Final Declaration of Disclosure (both Petitioner's and Respondent's) or separately filed waiver pursuant to Family Code Section 2105. Declaration for Default or Uncontested Dissolution or Legal Separation. Judgment If Child Support is included in your written agreement: Stipulation to Establish or Modify Child Support and Order or acknowledgment under Family Code § 4065 included in written agreement; A calculation of guideline child support (required even if parties are agreeing to reserve jurisdiction over child support) Child Support Case Registry Form (one from each parent OR one with both parents' information); Information Sheet on Changing a Child Support Order; (attach to the Judgment) Notice of Rights and Responsibilities; (attach this form to the Judgment) Department of Child Support Services has approved Judgment if Child Support is being enforced through their agency.

8. 9. 10. 11.

Notice of Entry of Judgment. Jurisdiction date on Judgment agrees with information in file and correct date for termination of marital status inserted in Judgment Declaration explaining request for retroactive (nunc pro tunc) entry of Judgment. For Status Only Judgment Declaration Regarding Service of Moving Party's Preliminary Declaration of Disclosure provided, or written Stipulation to defer service; Joinder of pension plans or Stipulation that there are no pensions to be divided; Stipulation for Bifurcation and/or Order for Bifurcation; if there are pensions, include an order that complies with Family Code § 2337(d)(2).

12.

Four self-addressed, stamped envelopes: 1) Two envelopes, one addressed to Petitioner and one addressed to Respondent, sufficient in size and with sufficient postage for the Judgment and Notice of entry of Judgment and 2) Two envelopes, one addressed to Petitioner and one addressed to Respondent, sufficient in size and with sufficient postage for copies of all other documents submitted.

I certify that all of the information indicated in this checklist has been provided to the court.

Pro Per Litigant Signature

Attorney/Mediator Signature

Date:

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