What do these mean in my divorce case: Request-Default Setting Filed by Petitioner, Trial-Default Prove up? What to expect?

Asked over 2 years ago - Long Beach, CA

Documents Filed (Filing dates listed in descending order)
07/23/2012 Request-Default Setting
Filed by Petitioner

06/21/2012 Judgment-Package Received-2336

05/14/2012 Declaration-Default/Dissol/Leg Sep
Filed by Petitioner

05/14/2012 Declaration-Serv Pre Dec Dis Inc
Filed by Petitioner

05/14/2012 Declaration-Income & Expense
Filed by Petitioner

05/14/2012 Judgment-Package Received-2336

05/14/2012 Request-Enter Default

05/14/2012 Declaration-Property Instructions
Filed by Petitioner

04/03/2012 Proof of Service-Summons & Com
Filed by Petitioner

03/26/2012 Summons-Family Law
Filed by Petitioner

03/26/2012 Declaration-Uniform Custody Minor'
Filed by Petitioner

03/26/2012 Declaration-Income & Expense
Filed by Petitioner

03/26/2012 Petition-Dissolution
Filed by Petitioner

Attorney answers (3)

  1. George Baker Richardson

    Contributor Level 14


    Lawyers agree

    Answered . It appears that the Petitioner has filed the papers necessary to have a judgment entered against the Respondent. The Petitioner will be requested by the court to state why the requested judgment essentially complies with CA law. If you are the Respondent, you definitely should seek legal counsel. You can consult with a lawyer about your question for little or no cost through a lawyer referral service in your area. You can find your nearest lawyer referral service by clicking on the link below.

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  2. John Hamilton Kibbler

    Contributor Level 11


    Lawyer agrees

    Answered . I agree with Mr. Richardson, if you area the Respondent in this matter, you should consider filing a motion to set aside your default. At the default prove-up hearing, which is undoubtedly coming up, the court will hear the Petitioner's side of things without giving you any opportunity to participate.

    Good luck!

    The answer to your question is not intended to provide you with legal advice you should rely on, only a general... more
  3. John Richard Hughes


    Contributor Level 6


    Lawyer agrees

    Answered . I agree with the prior answers. In my opinion, assuming you are the Respondent, you should file a motion asking the court for permission to file your Response. If the court allows you to file your Response, the case will be at issue, and you will have an opportunity to protect your legal interests. If the Petitioner obtains a default judgment prior to the court hearing your motion, you should file a motion asking the court to set aside the default judgment and allow you to file your Response. In my experience, courts are generally inclined to grant permission to file a Response late. You should also contact the Petitioner in writing and inquire whether they are willing to voluntarily grant you an extension of time to file your Response. Keep copies of all correspondence and documents.

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