Legal Question in Family Law in California
I filed for divorce in California on 3/14/13. I submitted the assets/liabilities disclosure forms. My husband did not. He has been non-responsive and has until 6/14/13 to respond. If he does not respond, can my lawyer request the divorce and cite that my husband has been non-responsive? I know that a divorce in California takes 6 months. I am hoping my husband's silence means that we can each walk away from our 10 year marriage without a property fight. (We have very little co-mingled). Thank you.
2 Answers from Attorneys
Make sure that you have given your lawyer every document that he or she asked for. If you do that,; thirty days after your husband is served, your lawyer can file for your husband's default and your divorce can proceed without him.
I think you are referring to a declaration of disclosure. If so, then your attorney would have to file a motion for a court to order your husband to disclose the assets. The same is true of discovery.