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  #1  
Old 12-10-2004, 10:24 PM
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Default Please help need info on divorce

Can someone Please help me..my boyfriend is in a California Prison and I need information on how he can get divorced...He was married in Yolo County Ca. and we have no idea how to start the process or how much its gonna cost and if I can get the paperwork he needs or what?? Please if anyone has any information that would help me I would appreciate it!!
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Old 12-10-2004, 10:43 PM
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I did my own divorce, but it was 10yrs ago. I went down to the courthouse and asked for the paperwork. It had to be filed in the county where I lived--it didn't matter where I was married.
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Old 12-12-2004, 12:07 PM
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http://www.courtinfo.ca.gov/selfhelp...e/divforms.htm

He can go to the prison law library or I used the forms online (The link is for the Ca. courts self help section)to do my guys divorce papers then sent them to him to sign.I then went to the courthouse and filed them for him.He can fill out a fee waiver request and it should be free as he is in prison with no income
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Old 12-14-2004, 01:33 PM
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So I can send him the papers and he signs them and I can file them for him? Even though I am not the one he is divorcing?? I am his current girlfriend.
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http://www.courtinfo.ca.gov/selfhelp...e/divforms.htm

He can go to the prison law library or I used the forms online (The link is for the Ca. courts self help section)to do my guys divorce papers then sent them to him to sign.I then went to the courthouse and filed them for him.He can fill out a fee waiver request and it should be free as he is in prison with no income
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Old 12-15-2004, 08:07 PM
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Quote:
Originally Posted by LiLMaNsGirL
So I can send him the papers and he signs them and I can file them for him? Even though I am not the one he is divorcing?? I am his current girlfriend.
When you file the paperwork you are just dropping it off at the clerk's office...as long as all his t's are crossed and i's are dotted (meaning, he has completed everything properly) you can drop it off for him.
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Old 12-15-2004, 08:35 PM
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Don't forget the essential thing - once those papers are filed with the court, his current wife must be personally served with them and given a chance to legally respond. He can't just get a divorce without her knowledge. If she doesn't respond he can go forward alone and eventually enter a judgment of divorce. If there are children involved, things can get complicated. Good Luck.
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Old 12-16-2004, 12:21 PM
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Thank god there are no children involved!! His ex-wife (soon to be) knows about it, she tried filing them a while back but they where unable to locate my boyfriend so it didn’t go through. He thought he was divorced because she sent him a paper but it was not true. She is willing to sign them so she can get on with her life and so that my honey and me can get on with ours! Thank you so much for you help. Oh another ‘?” once he fills out the Fee Waiver forms and sends them in how long before he finds out…the court said when I called that he is automatically eligible for the fee waiver…so after that is taken care of how long before he gets the papers for the divorce…in other words about how long is the whole process??
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Old 12-31-2004, 01:57 AM
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Default Instructions for California Divorce w/No Children

Each court in CA is different when it comes to processing forms. Normally, it shouldn't take no more then a day or two to get an answer as to whether or not his Fee Waiver (982(a)(17) and 982(a)(18) is approved. Once his fee waiver is approved, you can proceed with filing the Petition (FL-100), Summons (FL-110), and Simplified Financial Statement (FL-155). Once you get the stamped copy of the documents, you must personally serve her with a copy of the Petition, Summons, Declaration of Disclosure (FL-140), Simplified Financial Statement, a blank Response Form, a blank Financial Statement, and a blank Declaration of Disclosure.

Once she's been properly served, whoever serves her must complete a Proof Of Service of Summons (FL-115). Once the Proof of Service is completed, it must be filed with the courts along with the Declaration Regarding Service of Declaration of Disclosure (FL-141). Once she's been served, she has 30 days to file a response. If she is not contesting the divorce, the quickest way to get the final judgment is for her not to file a response. If she files a response, she is basically saying she's contesting the divorce, which might require a court appearance, and because he's incarcerated that would be impossible since the institution is not obligated to transfer inmates to court in a civil suit.

If she does not file a response after 30 days, you can proceed with filing a Request to Enter Default (FL-165), Declaration For Default or Uncontested Dissolution (FL-170), Final Judgement (FL-180), and Notice of Entry of Judgement (FL-190). It takes about 1 to 2 weeks after the 30 day waiting period to get an answer as to whether or not the Default as been approved. Once the Defaut has been entered, then you wait for the final judgement. The effective date for final judgement is 6 months, plus 1 day. So if you serve her on January 15, then the divorce is final on July 16.

After 6 months from the date that she was served, the judge will either approve or reject the Final Judgement (some courts will sign the judgment before the 6 months, but the effective date won't be until the 6th month from the date she was served) Important: By filing the Declaration for Default Or Uncontested Dissolution, he can get his final judgment by mail without making a court appearance. He'll need to get his judgement by mail because he's incarcerated. There is certain wording on the Declaration that must clearly state on page 2, box 23 that "Due to my current incarceration in (name of prison), CDC # ________ I am unable to attend a court hearing. Therefore, I ask the court to grant the request for judgement by mail.

If you need assistance with filling out the forms, PM me and I'll walk you through it step-by-step via Yahoo Messenger. My screen name is Nu_Beginning. You can obtain and fill out the forms online, while we're online via Yahoo Messenger or MSN Messenger, which ever you prefer. It's best to type up all the forms at one time, and then mail them to your guy for his signature. In order to get them to him quicker, indicate on the outside of the envelope, "Legal Documents" in the lower left hand corner.

I know it may seems like a lot of work, and yes it is time consuming but it can be done. Also, you will need at least 3 copies all documents, plus envelopes when you file the paperwork. So once he returns the documents make 3 copies of all documents. One you keep for your records, and the original plus 2 copies are filed at the court, with the exception of the judgment which requires the original plus 3 copies.

Here's the link to the forms http://www.courtinfo.ca.gov/cgi-bin/forms.cgi
Select Family Law - Dissolution from the dropdown window.
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  #9  
Old 04-10-2005, 10:38 PM
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I have a question? My boyfriend is incarcerated in California. Him and his wife were married in 2002 while he was incarcerated in Imperial County. He now wants a divorce. He tried once but when he mailed in all his paperwork (including his fee waiver form) the court sent it back stating that his fee waiver was approved but the courts will not process the divorce because they (the courts) want her to pay instead of him! that doesn't make sense when HE's the one petioning for the divorce. I have tried to find answers to this problem but we keep running into giant roadblocks and NO one can answer our questions (why is this happening and what to do about it) she is not contesting the divorce (even though she doesnt want it) but she refuses to pay! what can we do! he gets out in 6months and will be released to SD county. When this happens him and his wife will live in the same county which will change things w/ a divorce (I think?) if ANYONE can help please! also he filed a summary of dissolution of marriage if that matters!
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Old 04-10-2005, 10:45 PM
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I wish I could help you but we didnt have that problem when we filed for his,she didnt respond and the courts granted it with the fee waiver because she had no known income either.Hopefully someone will be along that can assist you with this.
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Old 04-13-2005, 08:38 PM
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The reason why the court is asking her to pay the filing fee is because they filed a Summary of Dissolution, which is a joint filing. Summary of Dissolution is different from the standard (long-form) dissolution. With the Summary of Dissolution they are doing a joint filing, so therefore both parties would need to pay the filing fee, because they are basically co-petitioners. If you go to the link that I posted above to the self-help center, it will explain the process of the Summary of Dissolution.

If she is unable to pay the filing fees, she too can file a fee waiver if she qualifies. If she is merely unwilling to pay the filing fee, then his only alternative is to file the standard long-form dissolution. He would not have to submit another fee waiver, he needs to just simply file different forms. If he chooses this route, then follow the instructions I gave above and if you need assistance or further questions let me know.
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  #12  
Old 05-25-2005, 10:39 PM
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I have another question... on the Request to enter Default (form FJ-165) does he also sign where it says signature of Declarant?? This is what the form looks like and there are like 3 places it says for the Declarant to sign.
http://www.courtinfo.ca.gov/forms/fillable/fl165.pdf
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Old 05-26-2005, 10:19 PM
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He needs to sign all four places:

Question 2
1. Property Settlement, mark the box not attached. Check Box a, c, d, e
2. Date and sign the signature line below Question 2

Question 3 - Declaration
1. Check Box B and make sure you provide addressed envelopes.
2. Date and sign the signature line below Question 3

Question 4 - Memorandum of Costs
1. Answer Question 4b. If the amounts are zero, enter zero.
2 Date and sign the signature line below Question 4

Question 5 - Declaration of Non-Military Status
1. Date and sign the signature line below Question 5
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Old 06-03-2005, 12:35 AM
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what about Oklahoma any info out there on divorcing, I heard a person can get one for 1$1.oo
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Old 06-03-2005, 05:12 AM
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My boyfriend recently got divorced. He was in Fulton...MO. It took 3 weeks for it to be final. He just talked to one of the clerk people in the prison and they helped him. He has 1 child by his ex wife, but I am guessing he gave up rights to him as he did to his 2nd child.
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Old 02-01-2006, 03:18 PM
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Default What if she DOES contest the divorce?

Quote:
Originally Posted by NuBeginning
Each court in CA is different when it comes to processing forms. Normally, it shouldn't take no more then a day or two to get an answer as to whether or not his Fee Waiver (982(a)(17) and 982(a)(18) is approved. Once his fee waiver is approved, you can proceed with filing the Petition (FL-100), Summons (FL-110), and Simplified Financial Statement (FL-155). Once you get the stamped copy of the documents, you must personally serve her with a copy of the Petition, Summons, Declaration of Disclosure (FL-140), Simplified Financial Statement, a blank Response Form, a blank Financial Statement, and a blank Declaration of Disclosure.

Once she's been properly served, whoever serves her must complete a Proof Of Service of Summons (FL-115). Once the Proof of Service is completed, it must be filed with the courts along with the Declaration Regarding Service of Declaration of Disclosure (FL-141). Once she's been served, she has 30 days to file a response. If she is not contesting the divorce, the quickest way to get the final judgment is for her not to file a response. If she files a response, she is basically saying she's contesting the divorce, which might require a court appearance, and because he's incarcerated that would be impossible since the institution is not obligated to transfer inmates to court in a civil suit.

If she does not file a response after 30 days, you can proceed with filing a Request to Enter Default (FL-165), Declaration For Default or Uncontested Dissolution (FL-170), Final Judgement (FL-180), and Notice of Entry of Judgement (FL-190). It takes about 1 to 2 weeks after the 30 day waiting period to get an answer as to whether or not the Default as been approved. Once the Defaut has been entered, then you wait for the final judgement. The effective date for final judgement is 6 months, plus 1 day. So if you serve her on January 15, then the divorce is final on July 16.

After 6 months from the date that she was served, the judge will either approve or reject the Final Judgement (some courts will sign the judgment before the 6 months, but the effective date won't be until the 6th month from the date she was served) Important: By filing the Declaration for Default Or Uncontested Dissolution, he can get his final judgment by mail without making a court appearance. He'll need to get his judgement by mail because he's incarcerated. There is certain wording on the Declaration that must clearly state on page 2, box 23 that "Due to my current incarceration in (name of prison), CDC # ________ I am unable to attend a court hearing. Therefore, I ask the court to grant the request for judgement by mail.

If you need assistance with filling out the forms, PM me and I'll walk you through it step-by-step via Yahoo Messenger. My screen name is Nu_Beginning. You can obtain and fill out the forms online, while we're online via Yahoo Messenger or MSN Messenger, which ever you prefer. It's best to type up all the forms at one time, and then mail them to your guy for his signature. In order to get them to him quicker, indicate on the outside of the envelope, "Legal Documents" in the lower left hand corner.

I know it may seems like a lot of work, and yes it is time consuming but it can be done. Also, you will need at least 3 copies all documents, plus envelopes when you file the paperwork. So once he returns the documents make 3 copies of all documents. One you keep for your records, and the original plus 2 copies are filed at the court, with the exception of the judgment which requires the original plus 3 copies.

Here's the link to the forms http://www.courtinfo.ca.gov/cgi-bin/forms.cgi
What happens if she (respondent,not inmate) DOES contest the divorce? Is there anyway to still get it pushed through? What if she isnt contesting the divorce in its self, but the custody issues? If he is required to go to court can some one else go in his (petitioner, inmate) place that has knowledge of the situation or can they do it by phone? I am new to all of this and you seem to understand the system pretty well. Any help on this would be appreciated.
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Old 02-02-2006, 01:10 AM
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The only person that would be able to represent him in court would be an attorney. These instructions were for California divorce. If you are referring to a divorce filed in CA, if she contests the issues surrounding the children, the divorce can still be issued on the "marital status only" and the issues of the children or property can be bifurcated (set aside and settled at a later date) In some states the divorce can not be finalized without settling the issues of children and/or property, but in CA you can separate the issues.

To better assist you, I would need to know which state the divorce was filed in.
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Old 02-02-2006, 02:28 PM
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Quote:
Originally Posted by NuBeginning
The only person that would be able to represent him in court would be an attorney. These instructions were for California divorce. If you are referring to a divorce filed in CA, if she contests the issues surrounding the children, the divorce can still be issued on the "marital status only" and the issues of the children or property can be bifurcated (set aside and settled at a later date) In some states the divorce can not be finalized without settling the issues of children and/or property, but in CA you can separate the issues.

To better assist you, I would need to know which state the divorce was filed in.
Yes, the divorce is in California. The petitioner and respondant are both in California. I am handling the paperwork from here in Utah, which makes it really hard. What form is it to that needs to be filled out for the "marital status only" and at what point in the process would this be filed? Can the petitioner request that this happens? I really appreciate your help.

Kimberly
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Old 02-03-2006, 12:20 AM
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Kim, I provided the full instructions listed above. But since there are minor children involved, you will need to include all the forms concerning the child support, visitation. Include these forms, but just type next to the boxes, "bifurcate until later date"

On Form FL-170 (Declaration for Default or Uncontested Divorce) you will need to check Box 21 for termination of marital status only.

In Box 23 of FL-170, you need type the following "Due to my current incarceration in (name of prison), CDC # ________ I am unable to attend a court hearing. Therefore, I ask the court to bifurcate the issues of the minor child(ren) until after my EPRD _______, terminate marital status only, and grant the request for judgment by mail. Or you can indicate in Box 23 to see "Attachment A", and you can just type it on a separate piece of paper and title it "Attachment A" and make sure that this page is directly behind.

On the Judgment FL-180 in the heading check box "Dissoluton" and then the box "Status Only"
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Old 02-03-2006, 09:23 AM
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Okay now this is where I am confused. He already filed and I guess he did it wrong. He filled out all of the custody and visitation information using times and days after he is released. He did put in the forms that he was currently serving time and his release date. This was filed with the court. She is currently being served, so we still have 6 months and 1 day. Can we still fill out FL 170 and FL 180 and when do we do this? Will this do away with the case managment conference?
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Old 02-03-2006, 10:56 AM
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Have him talk to his counselor. If he files through the system it's cheaper and they should help him fill it out properly. At least in VA they do. I think that would be the easiest route for him.
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Old 02-06-2006, 09:29 PM
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You can go ahead and prepare the forms as listed below and have them ready to file. Once she's served you need to file the proof of service, which you can do by mail, then wait 31 days from the date she was served to file the remaining forms.

If she does not file a response after 30 days, you can proceed with filing a Request to Enter Default (FL-165), Declaration For Default or Uncontested Dissolution (FL-170), Final Judgement (FL-180), and Notice of Entry of Judgement (FL-190). It takes about 1 to 2 weeks after the 30 day waiting period to get an answer as to whether or not the Default as been approved. Once the Defaut has been entered, then you wait for the final judgement. The effective date for final judgement is 6 months, plus 1 day. So if you serve her on January 15, then the divorce is final on July 16.

Additional Forms that need to be attached to the Judgment:

Child Support Case Registry Form (FL-191)
Notice of Rights and Responsibilities (FL-192)
Child Custody and Visitation Order (FL-341) *Mark: Bifurcate until after release from incarceration EPRD_______
Child Support Information and Order Attachment (FL-342) *Mark: Bifurcate until after release from incarceration EPRD______

As for the case manangement conference, he's not going to be able to conduct that until he's out, so it's better to just file for a "termination of marital status only", and bifurcate the issues concerning the minor children.

As for talking to the counselor as suggested above, that won't do him any good. They don't assist in completing any paperwork for civil suits. You're on the right track and half way there. I've assisted others here with filing their guys divorce and it went through without a hitch. It's a tedious process, but I'm patient so whatever questions you have just fire away. As I stated above, the process is easier if we use IM and I can walk you through it while you fill the forms out on the screen. It's all confidential as you will not have to disclose any personal information to me. I just basically go line by line to make sure you fill out each section appropriately. If you have Yahoo or MSN Messenger, I'm listed under Nu_Begins. It would be easier for you to complete the remaining forms for him and just send them to him to sign and then he can return them to you for you to file them by mail after you make all the necessary copies.

PM me so that we don't crowd the thread.
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Old 02-07-2006, 01:44 PM
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Thank you NuBeginning!!!!!!!!!! I am beginning to understand (a little) ha,ha. I added you as a contact on Yahoo. Thank you soooooo much. I will talk to ya soon....
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Old 02-07-2006, 01:47 PM
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Thanks for your response Daveswife.... I really appreciate it. He only gets to speak to his councelor maybe once a month because he is at a fire camp.
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Old 07-04-2006, 06:54 PM
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so, mine is in Avenal, she (the X) is in Los Banos and I am in Stockton , where we live...what courthouse does this get filed in???
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