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I would like legal advice to see if there is such a thing as "divorce by default".

San Leandro, CA |

I filed for divorce in the state of Nevada by a paralegal and he mailed the divorce decree to my estranged husband by mail a year and a half ago and he has continually refused to sign off on the document. There is no communication between us and everything is communicated through our Son. I have not been physically, nor live with my estranged husband for over 7 years. We separated in 2006. I never filed for legal separation because I was unaware of it. He has never supported me or his Son, who is now 21 years old. I was the sole supporter for myself and my son all those years we've separated. How can I get a legally binding divorce without spending any more money. I have already paid the paralegal $750.00 for the divorce papers. Is there such a thing called "divorce by default"?

Attorney Answers 4


In answer to your question, yes, there is such a thing as default divorce. Here is a link to learn more: Good luck.

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Yes there is. To start you must have served your husband, and assuming he has not responded in court for over 30 days, you can proceed to obtain a judgment by default. This can be a difficult process as there are a number of forms needed and requirements in connection with what you have to have served on your husband and you have to file in support of your proposed judgement.

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My colleagues are correct, you can obtain a judgment of divorce by default. I understand that it may be frustrating that you paid a paralegal to attempt this for you. It would be prudent to consult with a local family law attorney to complete the process. You can locate an attorney by contacting the local bar association or by using the Avvo Find a Lawyer tool. Good luck.

** LEGAL DISCLAIMER ** My response above is not legal advice and it does not establish an attoreny-client relationship. When responding to questions posted on Avvo, I provide a general purpose response based on California law as I am licensed in California. In reviewing my response, you are specifically advised that your use of, or reliance upon any response I provide is not advisable. I do not have all relevant background details or facts related to your issue / matter, thus I am not in a position to give you legal advice. Further, your review, use of, or reliance upon my response does not establish an attorney-client relationship between us nor does it qualify as a legal consultation for any purpose. For specific advice regarding your particular circumstances, you should consult and retain local counsel. Law Offices of Eric J. Gold Telephone: 818-279-2737 Email: service@egoldlaw.con

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You got exactly what you should have anticipated, $750 worth of paralegal advice. It sounds as if the paperwork was prepared and sent to your husband for his acknowledgment and receipt and he never acknowledged by receipt and no further action was taken. If he was never personally served or served by publication and he’s never received notice of a Dissolution action you do not have the ability to default him or take a Judgment against him anyway whatsoever. You will need legal counsel to step in and take appropriate action.

If you have found this information helpful, please let the attorney know by marking best answer. Thank you. This participating Attorney does not warrant any information provided, nor are we creating an Attorney-Client relationship by providing said information to you on this site. Nothing contained herein is intended to constitute, offer, induce, promise, or contract of any kind. The content provided is presented as a courtesy to be used only for informational purposes and is not represented to be error free. The Law Offices of John N. Kitta makes no representations or warranties of any kind with respect to its answer to inquiries, and such representations and warranties are being expressly disclaimed. Given limited facts, we are attempting to share relevant information concerning this area of the law as a public service.

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