Legal Question in Family Law in California

Re: Next step after Publication of Summons?

The court will do nothing unless you file the proper motion or other paper work. You will have to prepare the paper work to have his default entered. Then you can proceed to get a final judgment. While hae may be able to get the default judgement set aside, the court will generally not set aside the portion of the judgment disolving the marriage. At most it is likely that the court will only set aside the property division of the judgment.

Re: Next step after Publication of Summons?

It's a little unclear to me what the newspaper is going to submit to the court but I assume it is a proof of service of summons. You should be ready to submit your next set of papers 30 days later. These include a Request to enter default. Whenever a default is entered there is a possibility that the defaulted party may move to have the default set aside. He would have to have good cause such as evidence that you knew where he was and could have served him. If you do if fact have some way to serve him personally you should do it even though you have already published. If you only have a mailing address you should mail a copy of the papers to him by certified mail return receipt requested. You still have to wait 6 months before your dissolution is final but the hardest part is over.