Can I file motion to compel and motion to enter default divorce on already schedule hearing date for bifurcation of status?

Asked about 1 year ago - San Francisco, CA

Trial Setting Conference continued by judge to fall on Bifurcation of marital status hearing date falling 3 months later. My spouse filed response but not cooperating and did not exchange any disclosures which I already did. Also did not show up on TSC. Can I file a motion to compel now and also a motion to enter default divorce so that both these can also be heard on TSC/Bifurcation date.

Attorney answers (4)

  1. Anthony Allen Roach

    Contributor Level 14

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    Best Answer
    chosen by asker

    Answered . You cannot have your spouse's default taken if your spouse has filed a response to the petition.

    If you do not have a declaration of disclosure from your spouse, you need to use the procedures set forth in Family Code section 2107 to make them comply.

    With respect to the failure to show up at the trial setting conference, you should familiarize yourself with any local rules of the court where your divorce is pending. Local rules sometimes impose sanctions for a spouse who fails to show up at a trial setting conference, including evidentiary sanctions at trial.

    DISCLAIMER The materials appearing on this website are provided for informational use only, and are in no way... more
  2. Stephen Ross Cohen

    Contributor Level 20

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    Lawyer agrees

    Answered . I agree with David, let the Judge know at the TSC

    My name is Stephen R. Cohen and have practiced since 1974. I practice in Los Angeles and Orange County, CA.... more
  3. Stephen Ross Cohen

    Contributor Level 20

    1

    Lawyer agrees

    Answered . I agree with David, let the Judge know at the TSC

    My name is Stephen R. Cohen and have practiced since 1974. I practice in Los Angeles and Orange County, CA.... more
  4. David Alexander Browde

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . Motion practice is not something best done pro se, especially when you apparently don't understand the term continuance. But if you want to play lawyer, file all the motions you want.

    Under the rules governing the conduct of attorneys in New York it may be necessary to remind you that this answer... more

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Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

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