Legal Question in Family Law in California

Default Divorce

I've been married for 11 yrs. I filed for divorce in the beginning of December of 07, I gave my husband the alloted amount of time to respond but he didn't. So I filed a default motion. What I want to know is now that I've filed this do I still have to file an asset & debt report? Also, I have 3 months to go until the divorce is final. Can my husband file a motion in this time to amend the default motion? Also, we are doing a short sale on our home, but we are getting out from under it and not receiving any money from the sale. I am moving out next month but he will probably stay until the end. I want to know am I liable also if he does something to the house while I'm gone?


Asked on 3/18/08, 12:57 pm

1 Answer from Attorneys

Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: Default Divorce

you need to exchange disclosures, you husband can file a motion to set aside the default and may be successful depending on his reasons for failing to respond to the petition. if you are separated, then he may be liable to you for damages caused to the house, but both of you might be liable to someone else.

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Answered on 3/19/08, 12:15 am


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