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 Rejected
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 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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