Legal Question in Family Law in California
I was not notified of trial date
My soon to be ex filed for divorce in July of 2002 in San Diego, we are no longer speaking, and I called San Diego Family court to gain status, I was told that a hearing is scheduled for 4/25/03. I have not been notified. I was told that it is a ''short clause or cause trial''
What are my rights, as I was never notified of the actions that are taking place. My ex has my address and phone number.
Thank You
3 Answers from Attorneys
Re: I was not notified of trial date
if you were not properly service process or notice of this hearing by the opposing party, you may have grounds to challenge this hearing procedurally until you have time to prepare. if you would like further assistance and/or legal representation on this matter, feel free to email my office today with more details on what you would like to have accomplished here in respect to the hearing and overall dissolution.
Re: I was not notified of trial date
If the trial is expected to be shorter than 3 hours in San Diego, it will be placed upon what is known as the short-cause calendar. However, it does seem odd that the case is set for trial if you did not even file a response, which you seem to not have done.
The information provided to you is of a general nature. We hope this information has been helpful to you, but you should always obtain competent legal counsel who is familiar with your specific legal issues to determine the best course of action. If we can help you in the future with anything, please feel free to contact or email us at www.unalaw.com
Re: I was not notified of trial date
You should have the file reviewed by an attorney in order to determine what will be at issue on April 25, 2003. It is set on a short cause calendar and therefore must be a trial in which the court believes both parties have appeared. I am assuming that you want the dissolution and therefore do not really contest that issue. The question is what is the remaining issues such as property rights and debts and spousal support. You should review the file and plan to appear on 4/25 or hire an attorney to do the same. The good news is that you will probably be single on 4/25. Good Luck, Pat McCrary