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I need help in figuring out what is going on with my divorce.

San Diego, CA |

My friend filed our divorce on Dec 12 2012 with a Separation agreement stating we do not want anything from each other but this divorce., we have no kids, no debt, no nothing. On May 23rd she texted me and told me that the court rejected the judgement because they wanted at MSA singed after the date of filing for divorce. But she told me we can file default since he didn't respond in the 30 days. After that day she has not responded to any of my phone calls emails etc. She had all my paperwork. I called the court n they said in the system that we filed for Default on April 3rd which is before she texted me. They informed me because he signed a appearance waiver form that he did make a appearance, n not i have to resubmit judgment forms with a standard MSA. Me and him are so confused help

Attorney Answers 8

  1. Your question is a bit scattered all over the place. You would do better if you could sit down with an attorney in your area that handles divorces and go over the details with them. If anything, the attorney can help untangle your mess and figure where things are for you. If anything, that may be your best bet right now instead of putting your jumbled question on a forum for unbriefed attorneys to attempt to answer.

    This answer is provided as a general opinion to a question posted on an internet forum. This does not create in either party the expectation that an attorney-client relationship has been entered into between the original poster and the Law Office of Reid Seino, LLC. Any information provided should not be solely taken as legal advice but in the context of general information. Please seek legal representation for any specific legal questions.

  2. I don't think you friend did you any favors and it appears that your friend didn't know what they were doing. I believe it best to hire an attorney to get this done right.

  3. I recommend that you contact an experienced divorce attorney in your area to assist you. He or she will be able to help you navigate this process. For tips on finding the right divorce attorney please read the link below. Best of luck.

  4. You are definitely missing some important facts here. Is your friend an attorney? Why was your friend filing your divorce? Is this friend your spouse?
    If you have been married less than 5 years and you have no children together and you do not have any debt or assets together, perhaps your best option would have been to file for a Summary Dissolution instead of a dissolution or divorce. It sounds like you will need the help of an attorney to figure this situation out.

    This is not legal advice and a client-attorney relationship is not created as a result of this communication. For a free consultation call 619-752-0125 or email at Se habla Español.

  5. First things first, head to the calendar department at the court house and make a copy of your file. Once you have a better understanding of what your "friend" filed on your behalf, contact an attorney in your area and ask them to point you in the right direction.

    The San Diego Court's website provides a checklist for all of the documents that need to be filed. Look for the checklist titled: Default with Agreement, or Uncontested (your situation is unclear from your question).

  6. Go to the courthouse, get a copy of your file, take it to a licensed attorney, and they will be able to help you complete the process. Many attorneys will do this for on a "limited scope" or "unbundled" basis, and may be able to do it for a flat or reduced fee - we don't know until we know what happened in your case.

    Good luck.

    Since the information provided in your question is very limited and I have not had an opportunity to review all relevant facts, information, and documents, you should not rely on any specific responses to your questions. The information offered here is general in nature given that the slightest bit of additional information could change a specific answer (i.e. we separated 1 year ago and he has been paying all my expenses. Q: Do I owe him that money back? A: Yes. But what if he used money from a community asset, like a retirement account, to pay it back. A: maybe some or maybe none). In short, consult an attorney to review all relevant information so s/he can properly and accurately advise you. This free service IS NOT a substitute for legal advice and should not be considered legal advice at all.

  7. There are different ways of obtaining a judgment. One way was to obtain what is called a default judgment. In order to proceed by default, the Respondent must not have filed a Response or have appeared in the case. However, in your case, it looks like your spouse may have made an appearance in the case, perhaps inadvertently, by filing an Appearance, Stipulation and Waiver form. If this is correct, and your spouse has made an appearance, you cannot proceed by default. However, you can proceed to obtain an Uncontested Judgment. Obtaining an Uncontested Judgment requires that you submit an agreement, along with other papers, asking the court to adopt and incorporate the provisions of your agreement into your Judgment. Consider going to the courthouse and seeing if they can help you with the paperwork you need for an Uncontested Judgment or consulting with a lawyer to help you with this.

  8. You need to read your file to see what was done in your matter. An attorney can help you decide the correct next steps. It's hard to follow what has been done already and not a good sign that your friend is out of the picture now. It is important that you file the right paperwork to move the matter along.

    Answering this question does not form an attorney-client relationship in any way. The answer provided is for general information only as it is impossible to obtain the entire facts from the question posted here. This information should not be relied upon and is not intended as legal advice. You should always talk to a local attorney who can advise you on your specific matter.

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