Q: My spouse didn't respond within 30 days of receiving the divorce papers. Can my spouse still respond?
My spouse didn't respond within 30 days after receiving the divorce papers. I'm going to file a default. But it seems like it's taking a few weeks for the default documents to be filed, can my spouse still respond in the meantime?
A: Once your notice of default is filed with the court, then your spouse cannot file an answer. Not sure what you mean about taking a while to prepare the paperwork. I could prepare a notice and default and file it with the court in about 10 minutes. At any rate, until that notice of default is filed, your spouse can file an answer.
A:
In California, if your spouse doesn't respond within 30 days of receiving the divorce papers, you have the option to file for a default. This means that you can proceed with the divorce without your spouse's participation. However, until the default is actually entered by the court, your spouse still has the opportunity to file a response.
The process of filing and processing the default documents can take some time. During this period, if your spouse decides to respond, they can do so. Once the default is entered by the court, your spouse loses the opportunity to file a formal response.
It's important to keep track of the status of your filing and be aware of any communications from the court. If you're unsure about the status or have questions about the process, you may want to consult with a legal professional for specific guidance. Remember, each case can have unique aspects, and it's crucial to understand your rights and options in your specific situation.
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