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Divorce Lawyers San Diego - Stipulated Judgments

Stipulated Judgments

Stipulated judgments must contain the following waivers: 1) the matter may proceed on the default or uncontested calendar before a temporary judge; 2) the parties waive their rights to notice of trial, a statement of decision, to move for a new trial and to appeal; and 3) Stipulation and Waiver of Final Declaration of Disclosure signed by each party (Form FL-144), where applicable.

Stipulated judgments which contain orders regarding child support must include the following Child Support Acknowledgments:

Each party acknowledges the following:

The are fully informed of their rights concerning guideline child support;

They have agreed to the child support provisions of this Agreement without coercion or duress;

This Agreement is in the best interests of the child involved;

The needs of the child will be adequately met by this agreed-upon child support;

And they have not assigned the right to support to the county, neither party is receiving public assistance and no public assistance application is pending as required by Family Code section 17404.

Stipulated judgments which contain orders regarding child custody and/or visitation must include the following Family Code section 3048 language:

The parties declare and agree to the following:

This court has jurisdiction over the minor child as California is the child’s home state.

Both parties were personally present at the execution of the attached custody/visitation agreement, both have knowledge of their right to a hearing in this matter and both waive their right to the hearing based upon the attached custody and visitation agreement. The parties agree the habitual residence of the child is the U.S.A.

Both parties acknowledge being advised that any violation of this order may result in civil or criminal penalties or both.

Each party declares under penalty of perjury pursuant to the laws of the State of California that the foregoing is true and correct