ADA
local family rule 8

FAMILY RULE 8: DEFAULT OR UNCONTESTED JUDGMENT

    • A. GENERAL POLICY
      B. JUDGMENT BY DEFAULT
      C. REQUIRED DOCUMENTS
      D. CHILD CUSTODY AND VISITATION
      E. CHILD SUPPORT
      F. REAL PROPERTY
      G. RESTORATION OF NAME

      A. GENERAL POLICY

      (1) Where a Judgment of Dissolution, Nullity or Legal Separation of spouses in a marriage or partners in a domestic partnership is sought to be obtained by written agreement of the parties after a response has been filed (uncontested), or by default, the declaration provisions of the Family Code may be used.

      NOTE: Judgments of Nullity of Marriage or Nullity of a Domestic Partnership require a Court hearing.

      (Eff. 1/01/05)

      (2) Generally uncontested and default family law judgments shall be obtained by declaration. However, a hearing may be set upon request of a party or by Court order.

      (Eff. 1/01/98)


      B. JUDGMENT BY DEFAULT

      (1) Unless the Court orders otherwise, a default will not be entered based on notice and acknowledgment of receipt signed by a person other than the party to whom it is directed.

      (2) Default will not be entered if Respondent’s address as stated on Petitioner’s Request to Enter Default (Form No. FL-165 ) is the same as Petitioner’s address, unless Petitioner also files a declaration stating under oath that Petitioner and Respondent live at the same address.

      (Eff. 1/01/08)

      (3) The signatures on any written agreement between self-represented parties which is submitted to the Court as part of a judgment shall be notarized in accordance with the rules of the jurisdiction in which the agreement is signed, the signature shall be authenticated by a member of the bar, or it shall be signed or acknowledged in open court.

      (Eff. 1/01/02)


      C. REQUIRED DOCUMENTS

      (1) A Family Law Judgment Checklist (attached local form FM-1052 ) or Family Law Parentage Judgment Checklist (attached local form FM-1053 ) must be completed and filed with any proposed default or uncontested judgment that is submitted to the Clerk's Office pursuant to Family Code § 2336. All documents described in those checklists must also be submitted.

      (Eff. 7/01/08)


      D. CHILD CUSTODY AND VISITATION

      (1) If Petitioner is asking for a default Judgment in a dissolution, legal separation, or nullity of a marriage or domestic partnership, or in a parentage or custody and support case, and has a child with the other parent and one or more of the following apply:

      a. does not already have a custody and visitation order,

      b. did not file a Child Custody and Visitation Application Attachment (Judicial Council form FL-311 ) or a specific Proposed order with the Petition and wishes to modify the custody and visitation requests made in the Petitioner,

      (Eff. 1/01/13)


      c. does not already have a Marital Settlement Agreement or Stipulated Judgment,

      then the Petitioner may complete, file and serve by mail or in person a Declaration for Default Custody and Visitation Orders (Attachment FM-1025 , form approved for optional use) at least 15 calendar days before the Judgment is submitted as additional support for any requested orders..

      (Eff. 1/01/13)

      (2) If the optional form FM-1025  is used, the filed Declaration and proof of service shall be submitted to the Court with any proposed judgment.

      (Eff. 1/01/13)

      (3) If Petitioner is obtaining the Judgment by a default hearing, the Petitioner should be prepared to talk about the factors identified in the Declaration at the default court hearing.

      (Eff. 1/01/13)


      E. CHILD SUPPORT

      (1) Where judgment is obtained by default and there is no attached written agreement concerning child support, an attached declaration shall state the effective date of the order sought, the amount of support sought per child and in total, the gross and net income of each party, the name and birth date of each child, and the amount of support for each child as calculated according to the California child support guidelines. A computerized printout of the guideline calculations, including the findings page, may be substituted for the support portion of this declaration.

      (Eff. 1/01/02)

      (2) Where a child support order is sought and the party to whom support is to be paid is receiving public assistance or the Department of Child Support Services (DCSS) is enforcing existing child support orders, that fact shall be set out in the Judgment and the issue shall be reserved for enforcement by DCSS. The party shall further list the court case number of the DCSS action, if known.

      (Eff. 1/01/07)


      F. REAL PROPERTY

      All real property referred to in a judgment shall be described by its complete common address and/or legal description.

      (Eff. 1/01/98)


      G. RESTORATION OF NAME

      Restoration of a party’s former name shall be ordered in a judgment only upon that party’s written request or request in open court.

      (Eff. 1/01/98)



 

Family Rules of Court: Summary - 1 - 2 - 3 - 4 - 5 - 6 - 7 - 8 - 9 - Appendix: A - B - C
List of attached Family local forms

 

© 2014 Superior Court of California, County of Santa Clara