Legal Question in Family Law in California
California divorce county of riverside-regular divorce with children, uncontested. pettioner ( has lawyer) filed initial paperwork with court on 4/9/2010-respondent (no lawyer) lives in Oregon and was served by first class mail on 4/14/2010. In may respondent sent a response and agknowlegment of service to pettioner's lawyer. response was never filed in court,nor any entry of default, proof of service never filed either. Nothing filed in court since initial paperwork filing on april 9-is this typical? what could be reasons for this?
3 Answers from Attorneys
In order for the case to progress, docs have to be filed with the court. Don't rely on opposing counsel to file the response. If the response was not filed with the court and only sent to the opposing counsel, odds are opposing counsel did not file them for you. Could be many reasons why the opposing counsel did not enter default against Respondent. Respondent should file the response with the court himself.
You bonehead. You served him with a copy of the response, and he assumed that was his copy. You have to file your response with the court, and pay the filing fee. The attorney thinks you responded because he has a copy that you mailed to him, and that is why he never took your default.
Both previous answers presume you are the respondent. If you are, I agree, but I don't think you are. If you are the petitioner, the reason is that your lawyer is not doing his or her job. Get a new lawyer.
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