Carlsbad Family Law Attorneys

Reasons Why the California Court Rejected Your Divorce or Separation Papers

Carlsbad, CA – If you’re anxious to get your divorce finalized, remember that the devil is in the details. Don’t let common mistakes cause unnecessary delays.

The court clerk will return your court forms without filing them if you omit a required form or fail to complete all required information on a form, according to the California Courts website. It also can be returned if it’s unclear what you are asking for.
Following are common problems that can occur when completing your divorce or separation.

Judgment Form RejectedRejected image

It is important that the information on your Form FL-180 about items such as your property and debt match the same information that you provided on your petition or property declaration form, according to the California Courts.

Other reasons for rejection are when the requested property divisions doesn’t appear to benefit both spouses equally, or you have failed to provide enough information regarding your finances or parenting plan to calculate support orders.

If you have a case with your area child support agency, be sure that the proposed child support payments are approved by that agency. Failure to do so can result in your paperwork being kicked back.

Request to Enter Default Rejected

There are several reasons why this request can be denied. Once you have filed the petition and summons, you must have those documents served to your spouse. When that is done, it is time to file proof of service with the court. Once served the petition and summons, your spouse has 30 days to respond.

Believe it or not, some of the most common reasons a request to enter default gets denied are because the petitioner neglected to wait the 30 days before filing it, or the spouse entered the response within the 30-day timeframe. In these two situations, there are no grounds to file a request to enter default.

Failure to file a proof of service also can result in your request being rejected. If you and your spouse have separated and you’ve moved to a new address since you filed your petition for divorce, it is important to notify the court. Otherwise, an address on the request to enter default that doesn’t match the divorce petition may result in the default request being denied.

Avoiding Common Mistakes

Navigating your way through the multi-step divorce process can be tricky, but the court clerk often provides written instructions that explain what is needed before the forms can be accepted for filing.

You can expedite your divorce by choosing to hire an attorney who specializes in family law. This legal specialist is well-versed on the steps involved in getting a divorce. Please call today for a  free consultation if you would like to learn more about how we can assist you in filing the necessary paperwork for divorce or separation.
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  • John N. Griffith, Esq., CFLS John N. Griffith, Esq., CFLS

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    John Griffith has practiced exclusively in the area of family law since 2009. John is a Certified Family Law Specialist certified as an expert in the area of family law by the California Board of Legal Specialization. Prior to opening Griffith, Young & Lass, he worked as the managing partner of one of the largest family law firms in North County San Diego.
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    Amy Lass, a certified family law specialist, was born in New York and raised in San Diego, California. Amy graduated from Cal Poly, San Luis Obispo in 2003 with a B.S. in Economics with a concentration in Enterprise Accounting. Amy went on to earn her law degree from Thomas Jefferson School of Law and graduated cum laude in 2006.
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  • Shirin Asgari, Esq. Shirin Asgari, Esq.

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    Attorney Shirin Asgari has a broad spectrum of legal experience and has handled matters in family law, criminal law, business law, and national security law. Currently, she focuses on family law matters and is a strong advocate for the rights of her clients. She dedicates time and attention to the needs of each client and the unique circumstances their case presents.
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    Eric Cowdery earned his bachelor’s and Master’s degrees before earning his JD from Golden Gate University as part of the Honors Lawyering Program. He was admitted to the California Bar Association in 2013 and has been working diligently in the field ever since. Taking a personalized approach to each case, Eric Cowdery is committed to working with clients to help them through the often confusing and complex legal process of divorce.

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  • Shaudi Malekzadeh, Esq. Shaudi Malekzadeh, Esq.

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    Shaudi Malekzadeh is a Carlsbad family law attorney at Griffith, Young & Lass, advocating for the rights and interests of Southern California families in a variety of family law cases, such as child custody, alimony, spousal support, and the division of community property. She is committed to delivering effective legal representation to our clients, aggressively advocating for their legal rights, and offering compassionate legal advice.
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