DECLARATION FOR DEFAULTOR UNCONTESTED
(NOTE: Items 1 through 12 apply to both dissolution and legal separation proceedings.)
1. I declare that if I appeared in court and were sworn, I would testify to the truth of the facts in this declaration.
2. I stipulated that proof will be by this declaration and that I will not appear before the court unless I am ordered by the court to do so.
3. All the information in the Petition is true and correct.
a. The default of the respondent was entered or is being requested, and I am not seeking any relief not requested in the petition
5. PROPERTY AGREEMENT
b. There is NO AGREEMENT or STIPULATED JUDGMENT, and the following statements are true:
(1) There is no community or quasi-community assets to be disposed of by the court.
6. SUPPORT If a support order or attorney fees are requested, submit a completed Judicial Council form 1285.50, Income and Expense Declaration, unless a current form is on file. Include your best estimate of the other party's income and expenses.
NO SUPPORT ISSUE
a. Spousal support
(1) I knowingly give up forever any right to receive spousal support.
7. I am not receiving intent to apply for public assistance for the child or children listed in the proposed order.
b. To the best of my knowledge the other party is not receiving public assistance.
11. This declaration may be reviewed by a commissioner sitting as a temporary judge who may determine whether to grant this request or require my appearance under section 2336 of the Family Code.
12. There are irreconcilable differences that have led to the irremediable breakdown of the marriage and there is no possibility of saving the marriage through counseling or other means.
STATEMENTS IN THIS BOX APPLY ONLY TO DISSOLUTIONS - items 13 through 16
15. This declaration is for the termination of marital status only. I ask the court to reserve jurisdiction over all issues whose determination is not requested in this declaration.
THIS STATEMENT APPLIES ONLY TO LEGAL SEPARATIONS
17. I ask that the court grant the request for a judgment for legal separation based upon irreconcilable differences and that the court make the orders set forth in the proposed Judgment (Family Law) submitted with this declaration.
I UNDERSTAND THAT A JUDGMENT OF LEGAL SEPARATION DOES NOT TERMINATE A MARRIAGE AND I AM STILL MARRIED.
18. Other: In August 1968, I married the respondent named in this petition in Sanger, California. Almost immediately, we discovered that relationship will not work. We separated and I relocated in Fresno. Approximately six months later I returned to Sanger and could not locate her. I was new to the USA and never lived with this woman as husband and wife and never consum the marriage. I never accepted the fact of the marriage. Only now, 30 years later, I am reque that the Court issue a nun pro tunc order relating back to August 1968 so that the dissolution is effective prior my current marriage of 1969.
I declare under penalty or perjury under the laws of the State of California that the foregoing is true and correct.
Date: October 12, 1998
/s/Vicente Morales Sandoval
Pub. Dec. 18,25 Jan 1,8-e112191
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1998 Public Notices