QUESTION
Should I move forward as if he had provided me with his "answer"?
Asked on Jan 09th, 2013 on Divorce - California
More details to this question:
I had my husband hand served divorce papers, notarized and filed. After 30 days, I received no answer. I filed a default. He assured me he filed an answer. I have not received anything from him. I did go back t records and found he had filed an answer on the 29th day after service with absurd allegations and request for spouse support. We were married 18 months at time of my filing. Is he required to send copy of answer to me? He said it's the courts job. I want to respond to his answer with a request for his tax papers asking him to document his business income that I "made" him close down as a condition of our marriage. There is no such business, which I learned following our marriage. He was on public assistance. I want to make certain that his manipulation and lies are capture.
7 ANSWERS
Family Law Attorney serving Brunswick, GA
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Vincent D. Sowerby
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When a party exercises the right to represent himself without hiring a lawyer, then that party accuse the risk of acting without knowing what he is doing. It is no different than trying to treat yourself and you get ill. You may either hire a lawyer or study the law to learn what you need to do next.
Answered on Jan 15th, 2013 at 6:36 PM
To complete your case you need to file some disclosure documents and serve him by mail. You need to have someone other than you or your family mail the documents to him. Then you need to file a memo to set the case for a trial and let the judge finalize your case.
Answered on Jan 11th, 2013 at 11:45 AM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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Yes he has to serve you but if court has response they won't default him.
Answered on Jan 11th, 2013 at 11:43 AM
Family Law Attorney serving Ridgeland, MS
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Thompson Law Firm, PLLC
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While you are trying to do it yourself and have some of the basics right, there are certain requirements that sound like they were not followed. Please at least consult with a lawyer. Your process may not be good. He is required to send you a copy, but if the underlying method was flawed it may be for naught.
Answered on Jan 11th, 2013 at 11:43 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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1. He has a legal obligation to send you a copy of the Answer he filed with the Court. Since you have seen it anyway, it might be a bit trivial to challenge him on this. But you would have the right to move to strike his Answer, for lateness, for failure to serve you, and if it contains scandalous or irrelevant matter. 2. You would benefit from hiring a lawyer if you are dealing with someone who is abusing the system. 3. You might want to seek a hearing on a Temporary Order, during which your husband will probably be given the 'what-for,' as to his responsibilities to the Court and to you.
Answered on Jan 11th, 2013 at 11:43 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Yes, he, not the court, has a duty to serve a copy to you. For your sake, get an attorney and do it right. It's only the rest of YOUR life that you are playing with against dishonest competition.
Answered on Jan 11th, 2013 at 11:41 AM
It was his responsibility to provide you with his answer. However, if his answer was properly filed you should obtain a copy from the court and go on from here. To determine what your next step should be you should consult a family law attorney or facilitator.
Answered on Jan 11th, 2013 at 11:40 AM