Legal Question in Family Law in California

The wife files for divorce from the father of her two children(child support previously granted not included in divorce papers). Only the wife shows for court because the husband was never notified. Later the husband receives papers in the mail stated the divorce will be final in May or June of 2011. Now the wife wants spousal support, can she go back and ask for that spousal support?

She and the husband had been married for 10 yrs, 6 of those yrs they were separated and she has never worked and only received welfare. Husband is under the assumption that the divorce is final but again it never went to court nor has he signed anything. So i guess there are two questions is she allowed to ask for spousal support now and is the divorce even final if he never appeared or signed anything?


Asked on 2/06/12, 10:56 am

1 Answer from Attorneys

If the court did not release jurisdiction over spousal support in the divorce judgment, the court can award spousal support after the divorce is final. Doesn't mean the court will, but she can ask. Without knowing what "papers" the husband received and what exactly they said, and what if anything happened after he got them, there is no way to tell if the divorce is final or not. The only way to tell is to go to the court and see if there is a judgment of dissolution of marriage in the file. Since he never appeared, however, it is definitely possible that the divorce is final without him signing anything. If you don't appear you are in default and a default judgment can be entered against you. That is true in pretty much any court proceeding, not just divorce.

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Answered on 2/06/12, 2:55 pm


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