Legal Question in Family Law in California

No response to petition?

Hello, I have filed for divorce from my wife and she has been served the papers. We have had discussions about signing an MSA and making the whole divorce simple. She keeps changing her mind about cooperating and at the moment I feel as if she is not going to cooperate. She seems to think that if she simply does not respond to anything then the divorce won't happen. As a result, I think she is not going to respond to the petition within 30 days. My questions are related to this.

If she does not respond, does this mean that I get basically whatever I ask for in the divorce (such as no spousal support, etc) and she has no say in what she wants?

Does the start date of the divorce begin when she is served or at the 30 day mark if she does not respond?

thanks in advance


Asked on 7/01/05, 10:06 am

2 Answers from Attorneys
Brian Levy, Esq. Law Office of Brian Don Levy

Reply: No response to petition?

In a general sense, if she does not respond within the 30 days, you can take her default and proceed to conclusion in her absence. In a general sense, you will probably get whatever you ask for.

For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!

You will find some valuable information on various California family law issues by visiting my web site.

Good luck to you!

Brian Levy, Esq.

www.calattorney.com

Read more
Answered on 7/01/05, 10:42 am
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: No response to petition?

California has a 6 month cooling off period. This period begans to run at the time the summons and petition for dissolution is served on the respondent. The marriage cannot be disolved prior to the passing of this 6 month period.

Read more
Answered on 7/02/05, 9:50 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California