Skip to main content

I failed to respond to my husband's divorce papers. He filed for default on the 31st day as I had 30 days to respond.

Los Angeles, CA |
Filed under: Divorce

It's been 50 days now. I have not recieved a judgment nor has it posted with the court online as I take it they are backed up. Can I still respond to the divorce? Or is it to late?
He is asking for full physical custody of our 5 yr old daughter in his divorce papers.
I did not file because with all that has gone on it slipped my mind. He got upset at me and stated let me remind you that you meaning I did not respond to the divorce papers and he said that he will now get full physical custody. Is this true?
We have a mediation hearing tomorrow because he filed form fl-300. And the court date for that is in two weeks. What should I do? I did respond to his fl-300 with the fl-320 and fl-311.
What can I expect to happen on the fl300 court date knowing I did not respond to the divorce.

+ Read More

Attorney answers 4


First things is you need to lay out all the facts in a legal consultation. At this point, you should get sound legal advice.

To answer your question, you can file a motion to set aside the default and then file a response. But you had better do it quickly. The longer you wait, the worse it will be for you. If you absolutely want to do it yourself (not suggested), then there is a link below to get you started. But please get a some legal advice. Don't take a chance at this stage in the game. The fact that the husband filed his default on day 31 means he's in a hurry.

As for your question on the hearings, it is hard to say what will happen without knowing what's in the request and your response.


If you do not respond he will get a default and probably everything he's asking for. Get a local lawyer now, while you still have a chance.

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.


If the case is not over, you should with the permission of the court, be able to file, or just get something filed and go to an attorney immediately.

Attorneys on Avvo donate their time and your feedback is appreciated. Be sure to mark the "Best Answer" or Helpful" to your questions.

Tami Lane Augen

Tami Lane Augen


I agree with Attorney Thompson, you can file a Motion to Set Aside the Default if it was entered against you.

Lee Alan Thompson

Lee Alan Thompson


Tami's right but I hope a default judgment isn't entered and you can respond before it is. The problem with the default is he's asking for custody, which means he will probably get it. Slipping your mind on something as important as your five year old daughter is not going to impress the judge would be my guess.


The judgment will not happen automatically. You stil have time to request that the default be set aside. You need to respond and protect your rights.

Get Avvo’s 10-part divorce email series

A weekly guide with tips and legal advice for each stage of the process.

Divorce topics

Recommended articles about Divorce

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