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Didn't file divorce response. Now what? Haven't heard anything. Will I be notified when divorce is final?

Los Angeles, CA |
Filed under: Divorce

Husband filed in May 2013. We share no property & have no kids. I agreed to his terms. Decided not to file response plus I didn't really have the money for it anyway. Haven't heard anything ever since. I'm assuming he would file for default, but I ran into someone's question on here stating she received a "to enter default" letter. I never received anything, so does that mean my spouse hasn't filed for default? I'm confused because I've also heard that when you don't file a response the court doesn't notify us about anything further. Which brings me to my other question: Would they at least notify me when the day comes that my divorce is actually final? And in the event that he doesn't file for default, what happens to the case? Thank you ahead of time to anyone who can help me out!

Attorney Answers 3

Posted

If he files for Default, then you will get a letter from the court that you were Defaulted. After that, if he files the proper paperwork, then you will get a notice of judgment stating you are divorced.

If he doesn't file the default, then the case just sits. After sometime, of no activity, the case could be dismissed.

You can Monitor the progress of your caser by entering your case number at the link below.

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2 comments

Asker

Posted

Thank you for your response. I had no idea I could monitor the case. He actually filed in San Diego though, so I went to their website. I was able to search & find my case, but under details nothing really shows up other than our names, location, case type, date filed, & case number. At least now I know he hasn't taken further action... which doesn't make sense to me after he spent all that money filing for it in the first place. If for some crazy reason he's deciding to keep us legally married to keep receiving extra military BAH pay, would I be able to still file a response in order to get the divorce moving even though I obviously missed that time frame months ago?

Jack McRae

Jack McRae

Posted

So long as a Default has not been entered, then "yes" you can file a response. Then you can move the dissolution to completion. The deadline you mention is "his" deadline for the soonest that he can file for default.

Posted

A lot of people think that just because a petition for divorce was filed then the divorce will happen automatically. If you haven't received a notification that a default has been entered, then chances are that your spouse thinks that just because a petition was filed, then the divorce will happen. I suggest that you file your response. If you don't have the funds, then you might qualify for a fee waiver. Then you could file your response and then request that the court set a hearing date by filing a request for trial. If ne doesn't file for default, then after 5 years the case will be dismissed and the parties will need to start all over again.

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Posted

Your most critical question is "And in the event that he doesn't file for default, what happens to the case? " and the answer is "Nothing, and if nobody takes steps to finish it, in about five years, the court will dismiss it and you'll need to start over again." If one or the other party doesn't take steps to finish the case, the court will NOT automatically give you a divorce six months after the papers are filed.

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