No Contest Divorce: I received divorce papers dated Oct 26,11. He lives in California and I live in NC. They say I have 30 days to file a response. We have no kids or property together. We've been married since 1/13/09 and separated since Sept. 2010. I CAN NOT go to California for court or anything. I received a paper that says "response" on the bottom, a notice and acknowledgement of receipt, declaration of disclosure, income and expense declaration, and schedule of assets and debts. He is not asking for anything. Do I have to send all the papers I received at once & where do I send them to?
Richard's answer: If you do not want or contest anything and further do not wish to be involved in the proceedings, you may wish to file an Appearance, Stipulation and Waivers form. Do a Google search for the document which is used in California divorces to simply allow your spouse to proceed without opposition. -- http://richarddwyer.com
In California, If we are doing a settlement agreement, do we need to submit to the court forms 150 and 160?: We would like to get divorced as fast as possible but we are doing it ourselves. Nothing is contested between us. Thanks for any advice you have.
Richard's answer: You need to exchange preliminary declarations of disclosure and you further need to file a proof of service for the preliminary declarations of disclosure with the Court. In addition, you should file with the Court a waiver of the final declarations of disclosure. -- http://richarddwyer.com
Can a party compell me to show up for a deposition after the discovery period?: I went to my scheduled deposition and found nobody there so I just went home. The next day, I called the other party's attorney to ask them what happened and they said that the Deposition was supposed to be in 2 days. They had the wrong date on the notice, and they only found out about it when I called them. Now, they're telling me they will issue me another deposition subpoena. The discovery period for our case ends in 5 days, and I know they need to have served me the subpoena 10 days prior to the date they want to meet (or 15 days if served by mail), unless they get an order to shorten this time. If they dont get the order to shorten the time, and they serve me another subpoena, do I still have to show up to the deposition if it is scheduled AFTER the end of the discovery period?
Richard's answer: They can't. Make sure that you file and serve an objection to the notice of deposition. Further alert opposing counsel that you do not plan to attend as they are in violation of the Code of Civil Procedure. If the issue ends up before the Court, you want to be able to advise the Court that the other side could have avoided paying Court reporter fees, etc. -- http://richarddwyer.com