Legal Question in Family Law in California

Help Me Please!

My friend filed for a divorce but was unaware the respondent had a different ''legal'' name other than the one my friend put on petition & summons. The respondent has returned the petition & summons stating that is not her real name. Can my friend still request to enter default judgment after the respondent does not respnd in 30 days?? It is extremely likely she will NOT respond, plus, she also returned the blank response forms with the returned petition & summons. OR- what must be done to correct the situation?? My friend is absolutely unable to fund legal representation. We appreciate all the help we can get.


Asked on 12/19/05, 4:17 am

1 Answer from Attorneys

Donald Holben Donald R. Holben & Associates, APC

Re: Help Me Please!

It would not be unreasonable to have filed with the name she used on marriage license. However, the court very easily sets aside defaults, so you might as well list all possible names and serve her again. Less hassle.

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Answered on 12/19/05, 11:35 am


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