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“[Another] kind of default judgment occurs when the parties have agreed to all issues of the divorce and have made a written agreement containing a resolution of all issues of the divorce. The agreement is called a Marital Settlement Agreement[.] This default is a common use of the default procedure, because some parties can resolve their divorce issues without court intervention.

[I]f the parties agree to this default, only one party pays the filing fee. However, the agreement or MSA must be written, contain the signature of the spouse who has defaulted and be notarized. Along with the MSA, the petitioner must complete and file the following paperwork: In a default with a Marital Settlement Agreement (MSA), the final paperwork consists of: FL-141 Declaration Regarding Service of Declaration of Disclosure and Income and Expense Declaration or FL-144 Stipulation and Waiver of Final Declaration of Disclosure, FL-170 Declaration for Default or Uncontested Dissolution, FL-180 Judgment with a signed and notarized MSA attached, and FL-190 Notice of Entry of Judgment.”

[LW Greenberg, California Family Law]

Post Author: lawofficesofjamesrdickinson