Legal Question in Family Law in California
Need to know the 2nd step to Divorce paper filings
I filed for divorce on dec. 23,2002. Served my husband
on Dec. 29 and filed proof of service on Dec. 30, 2002. I
have not received nor has he filed a response in the
last 30days. Now what? What do I need to do to keep
the ball rolling? I have filed for full legal and physical
custody of our 2 small children. How is that affected?
And he has also failed to respond to a proposal for
child support payments that our mediator and I drew up
on Jan 12th after he failed to show up for mediation.
Please help.
2 Answers from Attorneys
Re: Need to know the 2nd step to Divorce paper filings
File a Request for Default- inquire at the Court's self help center as to all the papers you need to submit for this.
Once you receive the default, then file a request for trial date. You will then present your information and may be granted all that you requested in the petition. In any event it will be at least six months and a day from the date you served him before the court will grant the judgment. But you can file for the deafult after 30 days after service upon him. Good luck. Lori
Reply: Need to know the 2nd step to Divorce paper filings
You can take his default, and proceed without him. You can have the Family Law Facilitator fill out the forms for you at no cost to you or you can hire an attorney or paralegal assistant to assist you.
Good luck to you!
Brian Levy, Esq.
www.calattorney.net
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