Legal Question in Family Law in California

I filed for dissolution and custody and served my husband the papers on June 11th we have a osc hearing on July 11th will that hearing cause an issue with filing a motion for default im almost positive he wont be filing an answer. im just wondering if the hearing is on the 30th day if he will be able to make his case in court or is he still bound by the 30 days to file an answer?


Asked on 6/23/11, 1:47 pm

1 Answer from Attorneys
Isi Mataele 'Isi Mataele Attorney at Law

If he makes an appearance it will nullify need to show he was served but it won't necessarily mean a default. Even if you file for a default if before the hearing for a default he responds they won't default him.

I wouldn't worry too much about it because the only way you probably will get a default is if he doesn't file at all ever.

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Answered on 6/23/11, 6:03 pm


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