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California family law.

Request to enter default is rejected, with the statement of

If both parties are still residing in the same residence then each party must submit a declaration penalty of perjury they are still living in the same residence

I found a number of how a declaration penalty of perjury should look like, but I'm somewhat of a loss as to what the statement itself should say. I can't find any examples of such either.

I understand should say something to the tune of "I declare that I still live together with my spouse at XXX, CA", but the courts are probably expecting some specific language in such a statement, which is what I'm looking for help with here.

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    Ask the court. If the clerk won't tell you, maybe your answer can be found at courts.ca.gov/selfhelp.htm.
    – feetwet ♦
    Commented Jun 2, 2017 at 13:27
  • @feetwet It's not in the self help, I looked before posting here. I also disagree that I'm seeking for legal advice. I'm asking how a statement should be worded, not seeking an advice on making a decision. Yes, clerk may be able to tell me, but it's cumbersome to ask, hence I'm asking this here.
    – Pawel Veselov
    Commented Jun 7, 2017 at 5:02
  • Are you sure they did not ask for a "declaration under penalty of perjury?"
    – feetwet ♦
    Commented Jun 7, 2017 at 13:44
  • The question is very confusing. California divorce law says that if you are living together then you are not separated: I see no evidence that there's any form directing you to swear to anything in case you live together. The forms are here: courts.ca.gov/8410.htm#def_writeup, and contain standard perjury declarations.
    – user6726
    Commented Jun 7, 2017 at 16:33
  • @feetwet I'm sure, and it's a boilerplate form too, they just ticked a checkbox. @ user6726 That's the confusion I have - it's not obviously in the law, and there are no posted form, however the clerk's request is clear, and it's an item on their checklist for default judgement. The link you sent is for agreements, and that's not applicable for this case.
    – Pawel Veselov
    Commented Jun 7, 2017 at 21:07

1 Answer 1

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Ask the court clerk if they have a form or specification for what they are requesting. If they don't, then any unspecified detail probably doesn't matter.

For example, if the clerk refused to provide further instructions or information then, based on the note you received, as a layperson I would reply with a notarized paper saying, "Under penalty of perjury I declare that I am still living in the same residence X with Y." If that turns out to be inadequate the clerk will have to provide some explanation of why, which will give you more information for your next attempt to satisfy the court's requirement.

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  • Checked with the filing clerk. The declaration must be a court form (MC-030), and the wording should just say "I, xxx, still reside at YYY".
    – Pawel Veselov
    Commented Jun 12, 2017 at 23:08

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