Legal Question in Family Law in California

Divorce

I filed divorce papers and already served my spouse, he will contest it I know he has 29 days to file an answer is that business days or just days? After he files contesting what is my next step if he still has no attorney (as I would get one if he does to protect my interest)?


Asked on 12/21/07, 11:20 pm

2 Answers from Attorneys

Elizabeth L. MacDowell Law Office of Elizabeth L. MacDowell

Re: Divorce

He has 30 calender days to answer from the date he was served. He cannot "contest" the divorce. California is what is known as a "no fault" divorce state. That means that anyone who believes their marriage is broken beyond repair can obtain a divorce. I suggest that you consult with several family law attorneys and explore your options. Most give free consultations. If money is an issue, ask about "unbundled" or "limited scope" representation and see if that might work for you. There may also be a self help center at your courthouse. Good luck!

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Answered on 12/22/07, 12:57 am
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: Divorce

It's 30 calendar days.

You don't have to wait for his answer to get temporary orders such as child or spouse support, custody, or stay away orders. Assuming you don't need temporary orders, you need to exchange disclosures, sometimes that helps identify issues.

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Answered on 12/23/07, 9:32 pm


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