Legal Question in Family Law in California

default hearing

I was married for ~4yrs and am currently set for a default hearing next month. The last time I went to court the judge denied my divorce because the community property figures were not delineated to his liking. Since then, I've worked w/a paralegal to complete the proper forms. Up until 3 weeks ago, I had no clue as to the whereabouts of my ex, he has failed to respond to any paperwork, has not shown up to court, and is now in jail. I found this out via a letter sent to me by him. I'm being advised to make a declaration stating his recent appearance, but I'm frustrated in thinking that he will be granted a continuance. I would very much like to keep what I believe is rightfully mine (ie. pension, tax-shelter accounts, savings). He has failed to pay any child custody, and has been absent from my 3 children's lives for 4 yrs. The paralegal is advising that I take in an atty for the next hearing (3/30/05), up until now I have acted in pro per because I can't readily afford professional legal representation. Can you give me your opinion of the chance I may have getting my divorce settled based on what I just shared? I would like a consultation if you think I have a good chance of winning, and if your rates are affordable.


Asked on 2/17/05, 3:57 am

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: default hearing

Failing to notify the court that your husband recently contacted you could result in any judgement for property division being set aside. The court will displeased with the withholding of this information, and may well hold that against you.

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Answered on 2/19/05, 9:45 pm


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