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?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (714) 962-1892
- View Profile
- Answered
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.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
