Legal Question in Family Law in California

I filed for divorce and the respondant did not file his response until after the 30 days it was 56 days later. What does this mean since his response was not in the 30 days


Asked on 1/28/10, 10:27 pm

2 Answers from Attorneys

Cristin Lowe Law Office of Cristin M. Lowe

At this point in time, it probably doesn't mean anything. The 30 day response period is his grace period, and anytime thereafter he is at your mercy as to whether or not you want to take his default (lock him out of the case). Since you did not choose to take his default, he filed his response, and your divorce can proceed normally, which should ultimately be a good thing.

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Answered on 2/02/10, 10:36 pm

Ms. Lowe is exactly right. Unless you take a default after the 30-days are up, the respondent can still file. And even if you had taken the default, relief from default is so routinely granted by the courts that refusal to stipulating to withdraw the default and allow a response is generally considered to be seriously bad faith litigation tactics by the courts.

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Answered on 2/03/10, 9:18 am


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