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What happens if divorce papers do not get turned into the court on time?

Garden Grove, CA |

Petitioner first served the divorce papers on 8/26/12. Due to an arrest & having no transportation or place to stay the respondent was only able have the petitioner served today on 9/25/12. I believe there is 30 days from being first served with divorce papers to fill out the response & have the person who filed served, then the papers turned into the court. The respondent has a bench warrant, & their next court date to appear on the 9/27/12. Would they be able to turn the papers into the court without being arrested or could they have someone else turn them in to the court or could they just fax them to the court? what would happen if the papers aren't turned in on time? is there any way to turn them in late?

Attorney Answers 2


The other side can request that the court enter a default judgment against you.

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Anyone can file the papers for him and pay the filing fee. Things don't automatically happen after the 30 days, the moving party has to file a request to enter default. Even if a default is entered it pretty easy for an attorney to get the default set aside but that will cost him money. It is best that he have the papers filed now. He can hire a Legal Document Assistant to file his papers for him or a courier service if he doesn't have a family member or friend that can do it for him. If you need to find an LDA you can go to

Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is fact specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship.

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