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I RECIEVED A TO ENTER DEFAULT FORM IN THE MAIL, SO I WAS WONDER DO I RESPONSE OR WAIT FOR DIVORCE PAPER?

Los Angeles, CA |

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

Attorney Answers 3


  1. It means your spouse filed for divorce and you did not file a response. FILE A RESPONSE.


  2. 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.


  3. 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.

    Good luck!

    PLEASE READ--before emailing, commenting or calling: As a rule, I do not respond to "comments" that are designed as follow-up questions to the originally-posted question. I specifically do this as to avoid creating any confusion to the originating author of the question and to prevent any attorney-client relationship from forming--as this is not the goal or intent of this attorney or the Avvo creators. Further, I am only licensed to practice law in the State of California; therefore, any information provided in this answer is intended for application in California. Second, the information provided in this answer is solely intended to serve as GENERAL INFORMATION, and, at most, to serve as a catalyst for discussion between you and an attorney. Under no circumstance, is this information provided in this "Answer" intended to be construed as legal advice--and is not to be considered legal advice for any purpose. If you wish legal advice, then it is recommended that you contact a licensed attorney in your area to discuss the particulars of your case. Only by engaging in a meaningful discussion with a licensed attorney, can an attorney then provide you with legal advice.

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