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.


Asked on 5/17/13, 1:54 pm

2 Answers from Attorneys

B. Stuart Walker Law Office of B. Stuart Walker

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.

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Answered on 5/17/13, 10:03 pm
Anthony Roach Law Office of Anthony A. Roach

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.

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Answered on 6/13/13, 6:34 pm


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