QUESTION
Should I file for a divorce by default if my files do not contain financial details?
Asked on Feb 22nd, 2013 on Divorce - California
More details to this question:
At the time I filed, all I wanted was to get it done and have my husband served, as I did not know where he would be living and could not have him served at a later date. I did not know the state of our finances (as in debts) and stated that it would be determined at a later date. I also did not mention the intellectual property that might become reality at some point (written screenplays, pilots, books, etc.). I am fine with the custody as it stands. Do I need to file an ammendment citing the financial affairs? Would that change the process? Would it move the date of the judgment further? I cannot afford an attorney.
3 ANSWERS
Family Law Attorney serving Rolling Hills Estates, CA
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John H. Sibbison, III Professional Law Corporation
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You need to serve him with the papers that are filed and, if you dont know where he is, you will need to obtain a court order to serve by publication. Since this will take some time to achieve anyways, you should amend the Petition and whatever other documents you filed with the court so that when the papers are published, he will be effectively served with the papers containing current information.
Answered on Feb 25th, 2013 at 4:19 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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You needed to request financial orders, as in child and spousal support by checking the boxes . If you did not, you may not be able to request support. If you did then file a motion for support.
Answered on Feb 25th, 2013 at 4:18 PM
Family Law Attorney serving Thousand Oaks, CA
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Law Offices of Christina Shaffer
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You need to disclose all assets, debts, income and expenses in order to obtain a Judgment. If you have to amend the pleadings and reserve it could result in a delay.
Answered on Feb 25th, 2013 at 4:18 PM