If you want specific legal advice about how to fill out your Response, talk to a lawyer. The theory being is that the court assumes that the Respondent did not Respond to the Petition because they were in agreement to what was asked for in the Petition. You may need them in the future. For some issues, like child support, when you have an agreement you have to meet certain legal requirements, so make sure you follow the rules. California law requires that you and your spouse or domestic partner give each other written information about what you own and what you owe, and about your income and expenses. ... You and your spouse agree in advance that you both want a divorce, are in agreement about all of the issues involved, ... and will not participate in the process in any way. Once you have filed your Response and exchanged your preliminary declaration of disclosure, your next step is to finalize your agreement with the petitioner and file the forms required to finish your divorce. Click on the topic that you are interested in: If you have questions or want to make sure the agreement is in your best interest (and that of your children if you have children), talk to a lawyer before you sign it. The point of disclosure is to make sure that you and your spouse or domestic partner are aware of everything you each own and owe, separately and together, so you can divide your property and debts equally. You DO need to file with the court a form called the Declaration Regarding Service of Declaration of Disclosure (Form FL-141). And keep in mind that, if 1 of the spouses or domestic partners gets public assistance and the local child support agency (LCSA) is involved (or if the LCSA filed a child support case at the request of 1 of the parents), the LCSA will have to sign off on any agreement that includes child support. Click to read about what your spouse or domestic partner will have to do in a "true default" situation. The financial documents are very important, especially in cases where there is a lot of property or debt. How to divide your property and your debt, Whether anyone will pay the other spousal or partner support, and. You may have received your spouse’s or domestic partner’s preliminary declaration of disclosure already. To do this, there is a set of forms you have to fill out and exchange. This situation is called a “default with agreement” because more than 30 days have passed since you served the petition and summons, and: In this situation, you (the petitioner) MUST follow these steps (after having completed steps 1 – 4): Alert! In California you can get a divorce even if one spouse refuses to cooperate and agree to the divorce. You can have someone serve it by mail or in person. We will help you go over your spouse’s petition for divorce, and if your spouse hasn’t filed yet, we could help you petition first. If your spouse or partner has written anything on his or her forms that you disagree with, make sure you fill out your forms the way you believe they should be completed. You can have this form served on your spouse or domestic partner before the clerk stamps it — just make sure you do not serve the original. If you DO need to prepare a final declaration of disclosure, fill out: These are not court forms; use regular sheets of paper and write your case name and case number at the top. Find out. And, as part of the declaration of disclosure, you must also write, on separate sheets of paper: A statement explaining how you came up with your estimated value of all assets that are all or partly community property; A statement listing values of the assets and debts that you and your spouse or domestic partner may be liable for; and.