Auburn, CA asked in Arbitration / Mediation Law, Child Custody and Divorce for California

Q: What are my options for getting my divorce completed?

My ex filed the divorce petition in 2016. I didn't file a response because we were in agreement on most things. (One child, no property to split). The case went into default status and he has failed to continue the process (hasn't filed the remaining paperwork to finish and get judgment). Since I didn't respond at the start what are my options to get this finished? Also, our child has been living with me 100% of this whole time and I want to ask for full physical custody (his original petition asks for 50/50 custody).

1 Lawyer Answer
Tobie Brina Waxman
Tobie Brina Waxman
  • Divorce Lawyer
  • Culver City, CA
  • Licensed in California

A: You can file a motion to set aside the default. If granted, you would then file your response to the petition and move your case forward as usual. The other option is to enter into a settlement agreement with the other party and file that as a stipulated judgment.

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