How to stay out of the courtroom?

[wraith0078]

What is the name of your state? California

Okay, the petition has been filed and my wife has been served. Her and I have agreed that we want to do this without having to go into court.

We've filled out, signed and had notarized a Marital Settlement Agreement and she has a copy of form FL-130, Appearance Stipulations and Waivers.

How do we go about doing this without having to go to court? The reason I ask is that in about three weeks, I'm moving out of state and don't really want to have to come back. What needs to be filed by who and when? I'm a little confused about this phase of the divorce.

Thanks.

 

[I AM ALWAYS LIABLE]

What is the name of your state? California

Okay, the petition has been filed and my wife has been served. Her and I have agreed that we want to do this without having to go into court.

We've filled out, signed and had notarized a Marital Settlement Agreement and she has a copy of form FL-130, Appearance Stipulations and Waivers.

How do we go about doing this without having to go to court? The reason I ask is that in about three weeks, I'm moving out of state and don't really want to have to come back. What needs to be filed by who and when? I'm a little confused about this phase of the divorce.

Thanks.

My response:

By filing an "Appearance Stipulations and Waivers", that's exactly what you're doing - - "waiving" your appearance in court. If you wanted to go to trial, you would have filed a "Request for Trial Setting".

So, now, it's only a matter of waiting for the statutory 6 months to expire, and the time it takes for the judge to sign the final decree. Figure on 6 to 8 months total time, from start to finish.

Oh, and don't forget to send the court "Notice of Change of Address" so that the clerk knows where to send your copy of the Decree.

IAAL

 

[wraith0078]

Is there a way for me to file the Appearance Stipulations and Waivers from out of state? I.E. by mail? The petition was filed yesterday, and I'm under the impression that the Appearance Stipulations and Waivers can only be filed after 30 days, or am I mistaken?

Is there a special form for the Notice of Change of Address, or will the one I file at the Post Office suffice?

Also, which boxes would we want to have checked on the Appearance, Stipulations and Waivers? I was thinking 4,5 and 7?

And what do we do with the Marital Setllement Agreement? Does it get filed with the court as well?

 

[wraith0078]

Sorry. Didn't think you might not have the form handy.

4. The parties stipulate that this cause may be tried as an uncontested matter.

5. The parties waive their rights to notice of trial, findings of fact and conclusions of law, motion for new trial, and the right to appeal.

7. A written settlement agreement has been entered into between the parties.

 

[wraith0078]

Also, will she need to file a response if FL-130 is filed?

 

[I AM ALWAYS LIABLE]

My response:

Look, you chose not to obtain representation. But, that doesn't mean that we have to take on the task due to your decision or financial situation. Our site is called FreeAdvice, not FreeRepresentation. We simply don't have time to answer your never-ending questions. We have too many people coming to this site that need help too.

I answered your singular question, and now it's either time for you to go to Barnes & Noble to buy an instruction book, or to hire your own attorney.

Good luck.

IAAL