Is it too late to respond to service of divorce papers after the 30 days after service in C.A.?

Bankruptcy and Debt 15 views 3 answers
I was served with divorce papers but was totally lost on how to proceed and was not working at the time. I just started working an have the paper work necessary to report my income to the court and respond to the claim for child care that is part of the divorce petition that was filed against me . is it too late to respond if it has been now about two months since service in California? Can my still wife have obtained a default divorce even if she had nothing on my income to establish the amount of child support?

Attorney Answers

3
J Kulerski ·
Go to the office of the clerk of the court in the county where the divorce was filed and ask to examine your file (they often give this info over the phone, so have your papers ready when you call).Your wife may not have yet proceeded to a default and you may still have time to ask the court for leave to file your necessary documents in response to her petition. Even if a default was entered, you may be able to set it aside and start the divorce case all over again.You would be foolish if you did not at least consult with a local attorney in person.
0 upvotes
Ralph Thomas Santoro Jr.Family Law AttorneyLa Jolla, CA ·
You need to act quickly. The longer you delay, the worse off you will be. She could "default" you, but you can likely "set aside" the default, file your response and fully participate in the proceedings. The courts do not favor defaults, and would likely forgive you and offer you the chance to cure your default and participate.
0 upvotes
Gary Sparks ·
If your wife has not yet filed the Request for Default, you still have time. No need to request leave of court. File the Response to the dissolution action immediately and then have her served with it. It's basically a race to the courthouse. Go today.
0 upvotes

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