Legal Question in Family Law in California

Contrary to popular belief, we attorneys do speak English. The form numbers change from year to year, and we do not memorize form numbers, although they are numbered in an index for convenient reference by the California Judicial Council. I'm going to translate your question, because other people read these to determine whether your situation, and our answers, fit their problem.

Your spouse filed a petition for dissolution or annulment of your marriage. You never filed a response to that petition, although you do not mention whether you were actually served with a summons and the petition. You want to know if your spouse can still take your default. You also want to know whether he or she can use the original petition, or has to file a new petition.

Assuming that you were properly served with the summons and the petition, your spouse can file a request to take your default. This is also based on the assumption that your case has not been dismissed.

Dissolution actions are subject to the same rules as civil proceedings in general, unless a court rule provides otherwise, and they can be dismissed for a failure to prosecute. After four (4) years, I would be surprised if the case was still pending. So the first thing that you need to find out is whether or not the case has been dismissed. If the petition for dissolution was dismissed, there is no case to request a default in or on. And that answers the second question. If your case has been dismissed, you or your spouse would have to refile the petition for the FL-100.

Mr. Roach gave a good answer. I disagree, though, that the case is likely to have been dismissed. Family law is not subject to the same discretionary 3-year dismissal and 5-year mandatory dismissal laws as civil cases. It may have been dismissed, but I would bet it is probably still pending. Mr. Roach is correct that you need to check to make sure.