QUESTION
Can my wife stop my divorce if she didn't file a response after I filed?
Asked on Aug 12th, 2012 on Divorce - California
More details to this question:
I am proceeding with the declaration of disclosure and filing for default.
She is now threatening me with getting an Attorney.
Can she block the default if my initial filing was done properly? What recourse does she have?Thanks
7 ANSWERS
She may be able to get the default set aside but ultimately she can not stop you from getting a dissolution. You should consult a family law attorney or facilitator to assist you with the correct paperwork.
Answered on Aug 22nd, 2012 at 2:08 AM
She can get an attorney to ask the Court to accept her late filing. Not uncommon. Perhaps you should ask her if she will agree to mediation. Mediation is Fast, Effective and Affordable. Good luck.
Answered on Aug 22nd, 2012 at 2:07 AM
Family Law Attorney serving Calabasas, CA
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Shulman Family Law Group
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She can now file her Response to the Petition. Tell her to file the Response immediately or you will file the Default.
Answered on Aug 22nd, 2012 at 2:07 AM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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You need to file for default and she will not be able to stop the process. She will have to file a motion to set aside the default.
Answered on Aug 22nd, 2012 at 2:06 AM
No. If she doesn't file a response within 30 days of being served with the divorce papers, you should file a request to enter her default. You should probably get a paralegal to help you with the forms.
Answered on Aug 22nd, 2012 at 2:06 AM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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She can seek to set aside the default if it is within 6 months of entry of the Judgment.
Answered on Aug 22nd, 2012 at 2:04 AM
She may be able to prevent the default but she cannot prevent you from getting a divorce; it just wouldn't be by default.
Answered on Aug 22nd, 2012 at 2:04 AM