Legal Question in Family Law in California
Wife attacked me has a restaining order previously in place she assaulted me and on the way to her car saw my divorce response paperwork behind the drivers seat and grabbed everything she was later that evening arrested and put in jail. four days later the last day of the 30 to respond I went to court house after work with an hour before the 4:00 deadline looked in my briefcase only to find everything i needed to file gone. I dont want to lose my interest in the home we bought or custody we share of two kids . WHAT DO I DO ? Please help- she should not proffit from her violent acts
1 Answer from Attorneys
You need to file as soon as you can. If she has an attorney, contact them for an extension. No reputable attorney would take a default under those circumstances, if for no other reason than a court would set it aside if a default is taken and you then filed a motion to have the default vacated. Courts hate defaults unless they are intentional because the defendant or respondent has decided not to contest the case. So they are very easily set aside as long as you act quickly and diligently to get a response on file.
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