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Why would the court reject your judgment papers?

On Behalf of | Feb 1, 2021 | Family Law |

In any legal form you fill out, a mistake can have dire consequences, and divorce papers are no different. According to the California Courts, you will get your forms back from the court clerk if there is missing or incorrect information. You may even need to schedule a court hearing to talk to the judge about it. 

Here are some of the reasons the court sends judgment papers back to the filers. 

Missing property or debt information

If you did not list property or debts on your property declaration form but you included in on your Judgment form, the court will send them back to you. The exception is if you noted on the Judgment form that you did not know about the debts when you filed the property declaration form or the divorce petition, or that you did not have a current value for the assets you listed. 

Unfair property division agreement

A court will not accept judgment papers if the property division is obviously unfair or one-sided. For example, if your spouse is keeping the house and the retirement accounts and you are keeping the car, a judge may want to know why you have so few assets compared to your spouse. A judge is likely to reject any agreement that leaves one spouse dependent on government assistance if there is enough property or income to provide the support. 

Incomplete income information

The court considers many sources of income when calculating child and spousal support, and you must list all of these on the form. Leaving out financial information can create worse issues than a returned form. If you do not provide full disclosure, a judge may set aside a previously approved agreement and reopen the case later. 

Understanding all the information the court requires can be key for an easier divorce process.