QUESTION
What does the default was filed and the default was entered as per the court website mean in terms of the divorce?
Asked on Nov 04th, 2012 on Divorce - California
More details to this question:
We filed for a default but we have not heard anything back yet.
11 ANSWERS
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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If a default judgment was entered then you were divorced.
Answered on Nov 09th, 2012 at 5:07 PM
Working with an experienced attorney would be your best option. If not, once a default is filed and entered, you no longer have to serve the Defaulted party, but the better course is to do so. Serve a copy of the Default and a proposed Default Judgment, along with a notice of hearing (call the Judge's office for time and date) for entry of a pro confesso judgment and proof of service of all three on the defaulted party, with originals to the court ( & keep copies for yourself). Then show up at the time and date set and offer the Judgment (multiple copies) and required testimony to get the Judgment entered. Good luck!
Answered on Nov 06th, 2012 at 7:50 PM
Family Law Attorney serving Fountain Valley, CA
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Law Office of Edwin Fahlen
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When you enter a default, it is up to you to bring the case to trial to obtain a Judgment. Nothing happens by the court automatically.
Answered on Nov 06th, 2012 at 7:49 PM
Once a default is entered, the person against whom it was entered cannot have his/her side of the story heard in court without filing special papers seeking relief from the default. the person who has not had the default entered against him/her can proceed to a judgment upon filing all the appropriate papers and no notice needs to be given to the person who has a default against him/her.
Answered on Nov 06th, 2012 at 7:49 PM
Call the court clerk and ask if a judgment of dissolution was entered. It sounds like you may not have filed all of the required paperwork. If you had, you would have been notified. The judgment is something that you serve on the other party, so you should have received a file endorsed copy back.
Answered on Nov 06th, 2012 at 7:48 PM
Family Law Attorney serving Petaluma, CA
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Law Office of Erin Farley
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It appears that the default was accepted by the court and signed by the judge. It takes a few weeks for the court to get judgments to judges, have judges look them over and sign them, get them back down to the clerks, have them entered into the computer and filed, and then have copies mailed out (assuming you provided copies and SASE's). Once the process is complete, then you should receive your copy in the mail. To be certain about a judgment, you can go to the courthouse and ask the clerk whether there is a "final judgment" entered and/or request a copy of the judgment.
Answered on Nov 06th, 2012 at 7:48 PM
Generally speaking, this means that if the other party doesn't file a Response within 10 days of the entry of the default, the Petitioner can contact the court to set a default hearing to finalize the case. I recommend you consult with an attorney to discuss this process in greater detail.
Answered on Nov 06th, 2012 at 7:47 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Defaults do not mean much in a divorce, they are easily set aside. The right evidence still needs to be presented. Get an attorney.
Answered on Nov 06th, 2012 at 7:46 PM
1 Award
A preliminary default was entered which means no opposition was filed. Three days after the preliminary default was entered the mover can request a default judgment.
Answered on Nov 06th, 2012 at 7:46 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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That means one person did not respond and the other asked to default them. It does not mean a judgement is done. You still have more documents to do.
Answered on Nov 06th, 2012 at 7:46 PM
If the default was entered then you are now in the position to file a default judgment. You should consult a family law attorney or facilitator to insure that you have all the necessary forms.
Answered on Nov 06th, 2012 at 7:46 PM