QUESTION
What happens if a request to enter default is not filed?
Asked on Dec 15th, 2016 on Divorce - California
More details to this question:
My husband filed for divorce six months ago, but we are trying to work things out. If he doesn't file a Request to Enter Default, will that buy us more time or will the divorce be automatic at six months?
2 ANSWERS
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A court will not enter a divorce judgment on it's own. If no one appears in court and nothing is filed the court generally will send out a notice to appear with a hearing date for the parties to appear in court and inform the court of the status of the case. A default can only be filed if the respondent has not filed their Response. The best thing to do when parties are attempting to reconcile is for the parties to appear in court and let the court know that they are trying to reconcile and to set out the next status conference for 6 months out. For a more complete answer as relates to your specific case you should contact an attorney.
Answered on Feb 10th, 2017 at 5:43 AM
It will not be finalized without further action by one or the other of you.
Answered on Feb 09th, 2017 at 12:38 PM