Legal Question in Family Law in California
Can I file a notice of default?
My husband filed the initial petition for divorce. In it there was no mention of visitation,custody,or even our youngest child. I filed my response in Feb and included everything he didn't. I also filed an OSC at the same time. He tells me he is going to fight me on everything but as of today he hasn't responded to anything I filed including the recent declaration giving more facts about custody issues. What do I need to do? Can I file a default?
2 Answers from Attorneys
No. The petitioner files a request for entry of default when the respondent, you, never answer the original petition. Because you have filed a response, the case is at issue and has to be tried as to issue raised in his petition and your response.
Mr. Roach is right about a default not applying to your situation. Make an appointment with the Family Law Facilitator in your county. They will walk you through the procedures you need to follow to move the case along.
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