Legal Question in Family Law in California

I got the divorce notice served on August 9th I have t file a response in 30 day. i went to court on August 27th and filed response and asked for a fee waiver, when i check online case history it shows that i have asked for fee waiver but it does not show that i have filed response.

Request for fee waiver is going to take 2-3 weeks does it still mean that I have filed my response in the 30 days time period.

Please let me know

Thanks


Asked on 8/29/10, 4:22 pm

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

Your response is filed. The application and any accompanying pleadings must be accepted for filing even before the court rules on the application. "The application for initial fee waiver is deemed granted unless the court gives notice of action on the application within five court days after it is filed. If the application is deemed granted under this provision, the clerk must prepare and serve a Notice: Waiver of Court Fees (Superior Court) (form FW-005) five court days after the application is filed." (Cal. Rules of Court, rule 3.53.)

If your fee waiver application is rejected, you will get a notice mailed to you, by the court, informing you that you must pay the filing fee within a certain period of time. Once you fail to pay that fee, the court usually strikes the pleading.

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Answered on 9/03/10, 5:31 pm


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