QUESTION
What do I do now to proceed with the divorce since she hasn't answered the petition and it's been almost 2 months?
Asked on Aug 16th, 2013 on Divorce - California
11 ANSWERS
Divorce Attorney serving Frisco, TX
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Mackoy, Hernandez, Jones and Woods LLP
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If she has been formally served with the petition, you are entitled to enter a judgment on day 61 or thereafter. If she has not been formally served, you need to have that happen.
Answered on Aug 23rd, 2013 at 2:39 PM
If the opposing party has been properly served, you will need to file a Request to Enter Default and then do a Declaration of Default to enter a Court Judgment. The final Judgment requires many different forms, so it would depend on what the issues are in the dissolution.
Answered on Aug 23rd, 2013 at 2:39 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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File a default and them move for a default judgment.
Answered on Aug 23rd, 2013 at 2:39 PM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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You get a default hearing date, prepare a Decree for the Court to sign, and go to the hearing. This is all assuming she was either served with a copy of the Complaint or signed a Voluntary Appearance.
Answered on Aug 23rd, 2013 at 2:39 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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You have to wait for 90 days to pass. Then you can ask for a default order.
Answered on Aug 23rd, 2013 at 2:39 PM
Divorce Attorney serving Bloomfield Hills, MI
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Catchick Law, P.C.
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If you properly served your wife with the Summons and the Complaint for Divorce, and she has not filed an Answer nor responded for 2 months, then you should file a request with the Court Clerk asking for your wife to be Defaulted, and you should also file something known as a "Non-Military Affidavit," verifying under oath that your wife is not currently serving in the military. After the Court Clerk defaults your wife, you then need to properly serve your wife with Notice of the Default entry. Down the road, you will also have to serve your wife with a copy of the proposed Judgment of Divorce you want the Court to enter, to dissolve the marriage.
Answered on Aug 23rd, 2013 at 2:39 PM
We would file a motion for default and move forward with the divorce.
Answered on Aug 23rd, 2013 at 2:38 PM
Family Law Attorney serving Peoria, AZ
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The Law Firm of Jessica M. Cotter, P.L.L.C.
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In Arizona there is a self-service center with forms to assist those representing themselves. If she has been properly served with the papers, either signed an acceptance of service, or through a process server, and has not responded, the you should file and mail to her an Affidavit and Application for Default. You should then receive instructions, or find those instructions in your instructions, that tell you how to schedule a Default Dissolution hearing. You should consider at least consulting with an experienced family law attorney in your area to discuss this matter and the appropriate procedures.
Answered on Aug 23rd, 2013 at 2:38 PM
Family Law Attorney serving Thousand Oaks, CA
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Law Office of Terry A. Buchanan
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You can request a default which entails filing a form with the court if a resident of California. Thereafter you would file a default judgment which an attorney consultation can assist you with.
Answered on Aug 23rd, 2013 at 2:38 PM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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File with the clerk of courts a motion for default.
Answered on Aug 23rd, 2013 at 2:38 PM
File a request to enter default and proceed without her input.
Answered on Aug 16th, 2013 at 10:36 PM