Legal Question in Family Law in California

My wife filed for divorce and I did not answer the petition, so she filed for a default judgement which was granted a couple months ago. There was no mention of dividing her pension on the form FL-345. Would I now be able to ask the court to grant me half of her pension. The section of form FL-345 that would specify the preparation of a QDRO was left blank.


Asked on 4/19/11, 9:03 am

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

You might get some resistance, because you defaulted, but arguably you only defaulted as to issues set forth in her Petition. There is authority for a party to bring a post judgment motion to divide and determine property interests that was not divided in the dissolution.

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Answered on 5/04/11, 1:33 pm


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