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SUPERIOR COURT OF CALIFORNIA, COUNTY OF
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DECLARATION FOR DEFAULT OR UNCONTESTED DISSOLUTION LEGAL SEPARATION
(NOTE: Items 1 through 16 apply to both dissolution and legal separation proceedings.) 1. I declare that if I appeared in court and were sworn, I would testify to the truth of the facts in this declaration. 2. I agree that my case will be proven by this declaration and that I will not appear before the court unless I am ordered by the court to do so. 3. All the information in the Petition Response is true and correct. 4. Default or uncontested (Check a or b.) a. The default of the respondent was entered or is being requested, and I am not seeking any relief not requested in the petition. OR The parties have agreed that the matter may proceed as an uncontested matter without notice, and the agreement is attached or is incorporated in the attached settlement agreement or stipulated judgment. Settlement agreement (Check a or b.) a. an agreement a stipulated judgment regarding their property The parties have entered into their marriage or domestic partnership rights, including support, the original of which is or has been submitted to the court. I request that the court approve the agreement. OR b. There is no agreement or stipulated judgment, and the following statements are true (check at least one, including item (2) if a community estate exists): There are no community or quasi-community assets or community debts to be disposed of by the court. (1) The community and quasi-community assets and debts are listed on the attached completed current Property (2) Declaration (form FL-160), which includes an estimate of the value of the assets and debts that I propose to be distributed to each party. The division in the proposed Judgment (Family Law) (form FL-180) is a fair and equal division of the property and debts, or if there is a negative estate, the debts are assigned fairly and equitably. Declaration of disclosure (Check a, b, or c.) a. Both the petitioner and respondent have filed, or are filing concurrently, a Declaration Regarding Service of Declaration of Disclosure (form FL-141) and an Income and Expense Declaration (form FL-150). b. This matter is proceeding by default. I am the petitioner in this action and have filed a proof of service of the preliminary Declaration of Disclosure (form FL-140) with the court. I hereby waive receipt of the final Declaration of Disclosure (form FL-140) from the respondent. c. This matter is proceeding as an uncontested action. Service of the final Declaration of Disclosure (form FL-140) is mutually waived by both parties. A waiver provision executed by both parties under penalty of perjury is contained in the settlement agreement or proposed judgment or another, separate stipulation. Child custody should be ordered as set forth in the proposed Judgment (Family Law) (form FL-180). Child visitation should be ordered as set forth in the proposed Judgment (Family Law) (form FL-180). Spousal, partner, and family support (If a support order or attomey fees are requested, submit a completed Income and Expense Declaration (form FL-150) unless a current form is on file. Include your best estimate of the other party's income. Check at least one of the following.) a. I knowingly give up forever any right to receive spousal or partner support. b. I ask the court to reserve jurisdiction to award spousal or partner support in the future to (name): Spousal support should be ordered as set forth in the proposed Judgment (Family Law) (form FL-180). c. Family support should be ordered as set forth in the proposed Judgment (Family Law) (form FL-180). d. Page 1 of 2 b.
7. 8. 9.
Form Adopted for Mandatory Use Judicial Council of California FL-170 [Rev. January 1, 2007]
DECLARATION FOR DEFAULT OR UNCONTESTED DISSOLUTION or LEGAL SEPARATION
Family Code, § 2336 www.courtinfo.ca.gov American LegalNet, Inc. www.FormsWorkflow.com
Child support should be ordered as set forth in the proposed Judgment (Family Law) (form FL-180). am not receiving intend to apply for is is not public assistance for the child or children listed receiving public assistance.
am receiving 11. a. I in the proposed order. 12.
b. To the best of my knowledge, the other party
The petitioner respondent is presently receiving public assistance, and all support should be made payable to the local child support agency at the address set forth in the proposed judgment. A representative of the local child support agency has signed the proposed judgment.
13. If there are minor children, check and complete item a and item b or c: a. My gross (before taxes) monthly income is (specify): $ b. The estimated gross monthly income of the other party is (specify): $ c. d. I have no knowledge of the estimated monthly income of the other party for the following reasons (specify): I request that this order be based on the my estimate of earning ability are (specify): Continued on Attachment 13d. 14. 15. 16. Parentage of the children of the petitioner and respondent born prior to their marriage or domestic partnership should be ordered as set forth in the proposed Judgment (Family Law) (form FL-180). A declaration regarding parentage is attached. Attorney fees should be ordered as set forth in the proposed Judgment (Family Law) (form FL-180). The petitioner respondent (Family Law) (form FL-180). requests restoration of his or her former name as set forth in the proposed Judgment petitioner's respondent's earning ability. The facts in support of
17. There are irreconcilable differences that have led to the irremediable breakdown of the marriage or domestic partnership, and there is no possibility of saving the marriage or domestic partnership through counseling or other means. 18. This declaration may be reviewed by a commissioner sitting as a temporary judge, who may determine whether to grant this request or require my appearance under Family Code section 2336.
STATEMENTS IN THIS BOX APPLY ONLY TO DISSOLUTIONS--Items 19 through 21
19. If this is a dissolution of marriage or of a domestic partnership created in another state, the petitioner and/or the respondent has been a resident of this county for at least three months and of the state of California for at least six months continuously and immediately preceding the date of the filing of the petition for dissolution of marriage or domestic partnership. 20. I ask that the court grant the request for a judgment for dissolution of marriage or domestic partnership based upon irreconcilable differences and that the court make the orders set forth in the proposed Judgment (Family Law) (form FL-180) submitted with this declaration. 21. This declaration is for the termination of marital or domestic partner status only. I ask the court to reserve jurisdiction over all issues whose determination is not requested in this declaration.
THIS STATEMENT APPLIES ONLY TO LEGAL SEPARATIONS
22. I ask that the court grant the request for a judgment for legal separation based upon irreconcilable differences and that the court make the orders set forth in the proposed Judgment (Family Law) (form FL-180) submitted with this declaration. I understand that a judgment of legal separation does not terminate a marriage or domestic partnership and that I am still married or a partner in a domestic partnership. 23. Other (specify):
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date:
(TYPE OR PRINT NAME) FL-170 [Rev. January 1, 2007]
(SIGNATURE OF DECLARANT) Page 2 of 2
DECLARATION FOR DEFAULT OR UNCONTESTED DISSOLUTION or LEGAL SEPARATION