QUESTION
Does that nullify his response its 30 days are past now?
Asked on Oct 10th, 2012 on Divorce - California
More details to this question:
My spouse filed response to divorce on the 30th day but has not yet served me. Can I proceed with default judgment?
6 ANSWERS
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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Not likely it will be granted, but you can try.
Answered on Oct 14th, 2012 at 12:42 PM
Family Law Attorney serving Temecula, CA
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Landon Rainwater Robinson LLP
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The response must be filed within 30 days after respondent served with papers. The respondent may serve their response on the petitioner by personal service or mail after the response has been filed. You will not be able to default.
Answered on Oct 13th, 2012 at 5:16 AM
Michael Paul Vollandt
No. If he filed it on the 30th day it is good. He should have sent you the paperwork and he should have filed a proof of service on it. Just proceed to your next step.
Answered on Oct 13th, 2012 at 5:16 AM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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No, it does not, but you can move to set aside for lack of service.
Answered on Oct 12th, 2012 at 9:57 AM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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If the response has been filed, probably not. I just did a hearing and had the default set aside so that I could file a response, Court said "no problem". The Courts do not like to default people, so filing a default is probably a wasted effort.
Answered on Oct 12th, 2012 at 4:31 AM
If the Response was properly filed with the court then you can not proceed with a default. You can get a copy of the Response from the court if he does not serve you.
Answered on Oct 12th, 2012 at 4:23 AM