Legal Question in Family Law in California
Background: I live in Missouri. Got married in Missouri. Wife moved to California and filed for divorce. I cannot go to California or hire an attorney. Received (form FL-165) Request To Enter Default from CA Superior Court. Never received anything else. I think they'll enter default judgment for divorce soon. Called the courthouse and they couldn't help. Said not to write but to hire an attorney.
Questions: Does CA have jurisdiction over this marriage/divorce?
How can I contest this judgment without an attorney? I feel my rights are being trampled and need to know how to postpone this default judgment until I get a better grasp of the situation. Can I make her dismiss that case in CA and file in MO where I can present my case? (there are no children involved)
Thank you very much
1 Answer from Attorneys
If your wife lived in CA for six months before filing, CA has jurisdiction. You need to file a response immediately or the default will be entered. Until six months have passed since filing the action, though, a default judgment cannot be entered. So if necessary you will have time to get the default set aside if it has already been entered. You can find the form to file a response online at http://courtinfo.ca.gov. Get it filed immediately. You can have it filed same-day or next day for a fairly reasonable amount by using http://www.onelegal.com Depending on the county you are in, you may even be able to direct fax it to the court, though most counties don't allow that. Once you get the response on file, things slow down a bit and you can get things figured out. Since you claim never to have received the petition, you could also file a motion to quash service instead. But you would need an attorney in California to do that for you; doing it yourself is possible, but really hard to do right and you would not want to fail on that one.