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Going to trial for default....
Anonymous2 views2 answers
I filed for divorce my husband never responded so I filed for default and I just got in the mail a Notice of default set to trial... I already started working on my judgment and all that. And I spoke with the lawyer at the self help center when I first filed for default and she said that my husband wont be going to this trial because he never responded and the case went into default... so after I file my judgement and go to this trial... will that mean that the divorce and child custody and all that will be final? I know that it takes 6 months after for the divorce to eb actually final but will the whole filing papers and going to court and dealing with custody and chid support and all that will it be overwith? Or would I have to go to court again? or file anything else? Thank you....
Child custody and child support will never be over until kids turn 18. They can always be modified due to a change in circumstances. Your husband would have to show drop in his income or increase in yours to justify reduction in support.
Your judgment will still be important to have, because it sets benchmark and it will be his burden to prove change.
The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.
Yes, it's all over after the default judgement, unless your husband finally wakes up and makes a motion to set the default aside and defend himself, which means you go back to square 1. But if he doesn't do that (and he can argue that pretty much anytime, but the more time that goes by, the less likely it is that a judge would set this default aside), your default will go through.
The default that you entered against him means he can't appear anymore, so now you can "prove up" your case at the trial, which isn't really a trial because nothing's contested by him, he's in deafult. You submit the judgment for the judge to sign and enter, and then you're divorced after you file your notice of entry of judgment, as long as that's more than 6 months from when you served him with your first papers.
Ask your self-help lawyer, and/or get the "how to" DIY guide linked below.
Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.
