QUESTION
What is the possibility that he will get a decree in the first hearing itself?
Asked on Dec 28th, 2012 on Divorce - California
More details to this question:
My husband has filed for divorce on 24th Sep 2012. I don't want divorce but I didn’t filed responses as the response form only includes points on separation of assets. It went to "default". We were married in 2006 May in India. What is the possibility that he will get a decree in the first hearing itself? The first hearing is on 23rd Jan 2013.
10 ANSWERS
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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You should hire an attorney to assist you. If you cannot, you should attend the hearing & ask the court to grant you one-half the property.
Answered on Jan 09th, 2013 at 8:21 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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If you were given a 'default,' then there is a chance he could get just what he wants. You may want to file a motion asking the Court to vacate the default, and along with the Motion, file an Answer. Check the notice you got of the hearing to see if it says anything about the purpose of the hearing. If that is not clear, call the Judge's office and ask to speak to his or her secretary, and put the question as to the subject matter of the hearing to that person.
Answered on Jan 08th, 2013 at 7:58 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I would need more facts, but, if there are no children and you have defaulted, in Michigan, a divorce can go final 60 days after filing. Counsel with an attorney now.
Answered on Jan 08th, 2013 at 7:11 AM
Family Law Attorney serving Irvine, CA
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Law Office of Julie A. Ringquist
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Is there any reason that you didn't file an answer so that your side could also be heard in court? If you are in Default you need to contact a lawyer immediately so that you can file the papers to have the Default set aside, which will allow you to file your response and have your requests considered by the Judge. If you do not move on this immediately, your husband will obtain a full Judgment based on only the information he provides, because you chose to default.
Answered on Jan 08th, 2013 at 7:06 AM
The Court will likely enter a Decree. File an Answer.
Answered on Jan 08th, 2013 at 5:48 AM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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In Washington if you haven't responded, he can win by default. Do a response. See an attorney. Stop sitting around being passive.
Answered on Jan 08th, 2013 at 5:44 AM
If you did not file a Response and the case is set for a default hearing, then it is likely that the court will enter the Default Decree of Dissolution at that hearing.
Answered on Jan 07th, 2013 at 2:49 PM
Business/ Commercial Attorney serving Seattle, WA
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Wolfstone, Panchot & Bloch, P.S., Inc.
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You husband can obtain a final Decree of Dissolution (a Divorce) 91 days after filing and serving the papers on you - if you have not filed your Response with the court. (NOTE: that may be on December 26, 2012 - 91 days - and not January 23rd as your question suggests.) He can also obtain whatever final property division he has requested in original pleadings.
Answered on Jan 04th, 2013 at 1:12 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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If it's a default hearing, he could get his judgment & division of assets court ordered. You need to see an attorney and respond, rather than letting this go to default.
Answered on Jan 04th, 2013 at 1:12 PM
Since you are in a position of default, it is very likely that he will get a divorce on January 23rd. You might be able to avoid this by file paperwork to have the default set aside. You will undoubtedly need a lawyer to help you with this. If you do nothing the court will grant a divorce try to divide the assets acquired during the marriage equally and probably not award any spousal support (alimony).
Answered on Jan 04th, 2013 at 1:03 PM