Legal Question in Family Law in California
Papers filed, not what?
I have filed divorce papers and my husband has been served. It has been almost 2 months and he has stated that he does not want to sign the papers. I filed through a para-legal, not a lawyer. She said that he has 30 days to contest the divorce. What happens now? We have already divided up the property and settled child custody.
2 Answers from Attorneys
Re: Papers filed, not what?
If he has not contested the dissolution and he has been served then you can proceed to judgment. The paralegal should be able to tell you what the correct procedure, go back to your paralegal, that is what you are paying them for. Pat McCrary
Reply: Papers filed, not what?
The answer to your question depends upon what your paralegal filed for you, a summary dissolution or a regular dissolution. If it is a regular dissolution and more than 30 days has gone by since he was served, and he has not filed a response, you can take his default and proceed without him. Your paralegal should have told you this and assisted you with the process.
Good luck to you!
Brian Levy, Esq.
www.calattorney.net
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