To declare income or not.

[Alicia20]

What is the name of your state (only U.S. law)?CA

I've been married for 10 months (married 11/08), did a prenuptial prior to declaring my home (maritial residence) and my income as seperate property. I filed for divorce and my spouse never responded in April 09. I gave it another go and I need to go through with it. Do I need o submit an Income and Expense Declaration and properter declaration or submit my prenuptial agreement in place of the other documents?

 

[mistoffolees]

What is the name of your state (only U.S. law)?CA

I've been married for 10 months (married 11/08), did a prenuptial prior to declaring my home (maritial residence) and my income as seperate property. I filed for divorce and my spouse never responded in April 09. I gave it another go and I need to go through with it. Do I need o submit an Income and Expense Declaration and properter declaration or submit my prenuptial agreement in place of the other documents?

You need to submit whatever the court tells you to submit. If they ask for an income statement, then you have to provide it, although you can also provide a copy of the prenup.

But I'm confused as to why you think you need to start over again since your stbx never responded. If your spouse was properly served and did not respond, you can ask the court for a default judgment without starting over (assuming you meet all the other requirements for divorce in that state).