QUESTION
What will happen if I didn't reply within 30 days after being served with divorce papers?
Asked on Mar 10th, 2015 on Divorce - California
More details to this question:
I was served with divorce paper and I didn't reply within 30 days because my husband said he would drop it but he didn't. What is the next thing I can do? Please I need assistance.
4 ANSWERS
If a default has been entered against you, immediately file a motion too set aside a default. If your default has not been entered, immediately file a response with the court. You might need a lawyer to set aside a default.
Answered on Mar 12th, 2015 at 2:05 AM
Personal Injury Law Attorney serving San Diego, CA
at
Law Office of Robert Burns
Update Your Profile
You fell into default. You could be barred from litigating to Judgment. Yes, get legal representation or at least get assistance from the Family Law Facilitator at the Courthouse who is free unless the stakes are zero.
Answered on Mar 12th, 2015 at 2:05 AM
4 Awards
You are able to still file a response to the divorce so long as your husband has not filed for a entry of default. So you may need to check the court file to see what has been filed so far. If your husband has filed for an entry of default then you will have to file a motion to set aside the default.
Answered on Mar 11th, 2015 at 5:07 PM
Family Law Attorney serving Irvine, CA
at
Law Office of Julie A. Ringquist
Update Your Profile
Check with the court (they may have a website where you can see what has been filed so far, or you may need to go in to see your file). If they have not filed a Request for Default, file your Response. If they have filed, then you will need to petition the court, asking to have the Default set aside and allowing you to file your Response. The more quickly you get to this the less likely it will be a difficult process.
Answered on Mar 11th, 2015 at 5:06 PM