Legal Question in Family Law in California
Not Replying To Divorce Complaint
My husband has served me with a complaint for divorce, and all I want is $1 in spousal support. There are no children involved and no property. If I do not answer the complaint, can this wipe out my right to spousal support in the future? Can he get an order that there spousal support is waived by me?
2 Answers from Attorneys
Re: Not Replying To Divorce Complaint
If you do not file a response with the court, your husband will request a default judgment from the court requesting an order based upon the demands in the Petition. If the Petition asks the court to terminate its jurisdiction to award support than the court could terminate your rights to support. I would strongly recommend that you consult with an attorney in your area as soon as possible before the Response is due.
Re: Not Replying To Divorce Complaint
Dear Inquirer:
Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.
If you haven't already done so, please visit my
web site at --
http://home.pacbell.net/edbjr/ OR
http://www.CaliforniaDivorceAttorney.com
The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, and EDD hearings and appeals, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).
NOW, IN RESPONSE TO YOUR INQUIRY --
If you fail to file a RESPONSE to your husband's PETITION you could lose spousal support forever.
Thanks for sharing your interesting inquiry with
us on LawGuru, and good luck with your case.