Legal Question in Family Law in California

Is there a time frame in which one has to complete a dissolution of marriage after all the correct papers have been filed and the only thing left is the default set for trial.


Asked on 7/27/10, 6:05 pm

2 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

Your post is a little confusing. When a party files a petition for dissolution of marriage, the petition and the summons and supporting paperwork are served on the other spouse, called the respondent. If the respondent fails to file any reponsive paperwork, they are in default. The petitioner requests the court clerk to enter the default, and then submits paperwork to the court for a default judgment of dissolution. There is no need for a trial, and no need to set the matter for trial, because the case is not "at issue" when it is in default. This means the responding party has admitted and acquiesced to all of the demands in the petition, by reason of defaulting.

If you need help preparing a default judgment package, you should consult with the family law facilitator's office at the courthouse where your petition for dissolution is filed.

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Answered on 8/02/10, 1:38 pm

To answer your actual question, no, unlike almost every other kind of legal proceeding that can be dismissed for lack of action, a divorce just sits around until someone finishes it or dismisses it.

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Answered on 8/04/10, 1:13 am


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