Skip to main content

What there I have to do after I saw in my divorce case: Declaration-Default?

Los Angeles, CA |

What comes next? or in how long I will be divorce?

03/21/2013 Declaration-Default

03/21/2013 Declaration-Serv Final Decl of Dis

01/22/2013 Request-Enter Default

01/22/2013 Judgment-Package Received-2336

12/06/2012 Proof of Service-Summons & Com

11/14/2012 Order-Court Fee Waiver
Filed by Petitioner

11/14/2012 Request- Waive Court Fees
Filed by Petitioner

11/14/2012 Summons-Family Law
Filed by Petitioner

11/14/2012 Petition
Filed by Petitioner

11/14/2012 Declaration-Uniform Custody Minor'
Filed by Petitioner

I'm the petitioner and she is in Mexico

Attorney Answers 5


  1. It depend on whether your the Petitioner or the Respondent. If you are the Petitioner and filed the default judgment packet then all you are waiting for is for is the judgment to be returned back to you signed by the judge. If you are the Respondent the default suggests that you did not respond to the divorce case and the Petitioner is asking the court to move this case to final judgment without your participation. It is unclear in your question that you were properly served the Divorce Summons and Petition and are aware of the issues of the case itself. If you were properly served you would have 30 days to respond. If you do not respond then Petitioner can proceed in the case by default, move forward to judgment without your participation. If you were not properly served and did not receive notice and are just finding out that the divorce is being processed by way of default and want to be a part of the case, you will have to file a timely Motion to Set Aside the Judgment and file a response. There is a time limit to file this motion. If you are the Respondent and do nothing then a copy of the Judgment signed by the judge should be sent to you by mail at your last known address.


  2. This is very confusing. I would hire a family law lawyer right away.


  3. You will have to prove up your default. You can only receive "relief" you have prayed for in the petition.

    Go to the self help desk at the court where your Petition is filed for assistance.

    Ms. Straus (aka Carroll) may be reached at 800-400-8978 during regular business hours, Pacific Time, or anytime by email at: ECSEsquire@AOL.com. All of Ms. Straus’ responses to questions posted on Avvo are intended as helpful information based upon the facts stated in the question, and are not to be relied upon as a final legal opinion. It may not be what you wished to hear, and it does not create an attorney-client relationship. Ms. Straus is licensed to practice law in California. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state, and retain him or her. Me Straus provides “unbundled” services if you need specific assistance with a specific issue.


  4. Assuming you are Petitioner, you will either receive a 'reject' of the Judgment pkg (although unlikely as it appears that there was a type of reject for the add'l docs filed 3/21) or within 2-4 months, you will receive a filed copy of the Judgement and Notice of Entry (indicating that your divorce is final as of the date that it is stamped). You don't need to do a prove-up hearing if you haven't requested orders on issues or property not included in the Petition, but the court would notify you if one is required.


  5. Please better proof your posts. Yours was incomprehensible.

Family law topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics