THE LAST ACTION ON THIS CASE WAS ON 03/19/2013, STATING DECLARATION-SER PRE DEC DIS INC. WHAT DOES THAT MEAN? AND WHAT'S SHOULD BE MY NEXT STEP? THANKS YOU
It means your spouse filed for divorce and you did not file a response. FILE A RESPONSE.
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File a response if you want to protect your rights. Go to the court and get a copy of all documents and seek legal counsel or free legal services at the courthouse. I guess the real question is what do you WANT to do? Let her get the divorce and potential orders that may impact you without any say so from you? Or respond and move the case forward with a presentation of your side of the facts, property, etc.? Only you can answer this question.
The bottom line is this: if you do not file a timely response (FL-120), then your spouse has the right to ask the court to take your "default." By anology, what happens with the away team does not show up for the baseball game? Answer: the home team wins by "default." Get the picture--even if the home team is a terrible team! In the context of a divorce, if you file a timely response--before your "default is entered", then you have time to present your case to the judge. So, whether or not yo file a timely response ultimately depends on how much you stand to lose if you do not file a timely response. For example, if you don't file a timely response, your spouse can for example: get all the assets, give you all the debts, get sole/legal custody of the kids, have you pay gobs in child support and spousal support. Get the picture?
Below is a link to form FL-120 in the event you decide to file a TIMELY answer. Timely means before the court "enters" the Request for Default.
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