Legal Question in Family Law in California
Uncontested now becomes contested
My wife has changed her mind 3 times about the divorce so I
finally filed. She is now beyond her 30 day response period. Now
she's getting a lawyer and making demands. It's been two years
since we separated and she still makes 2 to 3 times what I make
and made prior to the separation. I've threatened to make her pay
me and my daughter support if she doesnt just sign the boilerplate
divorce agreement I sent her and leave me alone. Up to now there
was no property or custody under dispute. Can I back up my
threat? Also, should I file for Default and obtain the Divorce as
uncontested since she didnt respond in time or is it smarter not to
go with the Default?
2 Answers from Attorneys
Reply: Uncontested now becomes contested
In a general sense, you can take default and your spouse may or may not be able to set it aside, depending upon the unique circumstances of your situation. In the absence of a pre-nuptial agreement, your support and property rights are determined under California Family Code.
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 at my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.com
Re: Uncontested now becomes contested
You should get a consultation with an attorney who can flesh out all of the facts. You probably have very little interest in the house and you have a right to the
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