Skip to main content

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

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. Best answer

    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 intended to constitute legal advice. Transmission or receipt of any information from this, or any, website does not create an attorney-client relationship, and you should not act or rely upon any information appearing on this website without seeking the advice of an attorney. The law is constantly changing, the materials appearing on this website are not guaranteed to be up-to-date. The application of law is dependent on the facts of each case, and no two cases are ever similar. It is important that users of this site realize that it is risky to assume that their case is identical to someone else's, without consulting with an attorney.


  2. 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 could be considered attorney advertising.


  3. 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. These answers do not create an attorney client relationship. My answers may offend I believe in telling the truth, I use common sense as well as the law. Other state's laws may differ.. There are a lot of really good attorneys on this site, I will do limited appearances which are preparation of court documents it is , less expensive. However generally I believe an attorney is better than none.


  4. 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. These answers do not create an attorney client relationship. My answers may offend I believe in telling the truth, I use common sense as well as the law. Other state's laws may differ.. There are a lot of really good attorneys on this site, I will do limited appearances which are preparation of court documents it is , less expensive. However generally I believe an attorney is better than none.

Family law topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics