QUESTION

What are my options of I've missed the 30 day response period for responsing to divorce?

Asked on Mar 25th, 2014 on Divorce - California
More details to this question:
I didn't file a response because we were going to go to an agreement workshop and now the 30 day response period is over. He was keeping most things, vehicle, appliances, furniture and we split our tax refund down the middle even though I was the primary breadwinner the entire year. He worked less than 2 months the entire year. I was fine with it, until he refused to help pay for the children's school. We have 50/50 custody. Since he is refusing to help me with the children's expenses, I would like to take him to court to have a more equitable distribution of everythihg, so I will not struggle so much with the cost of raising our children.
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1 ANSWER

Has your spouse entered a 'default'?  If he has not, then you should file a response immediately.  If he has filed a 'default' then you will need a 'motion to set aside the default'. It is always a good idea to file a response in a timely manner so that you avoid the cost of doing a motion and then a response.  It is a great to try to negotiate an agreement as this will limit your costs, but you want to be sure that you get legal advice so that you know what is reasonable in your case.  You can still agree on issues, by way of a stipulation, even if you have filed a response.
Answered on Mar 25th, 2014 at 4:05 PM

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