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

Asked over 1 year ago - 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

Additional information

I'm the petitioner and she is in Mexico

Attorney answers (5)

  1. Monica Midnight Holmes

    Contributor Level 4

    3

    Lawyers agree

    Answered . 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. Edna Carroll Straus

    Contributor Level 19

    2

    Lawyers agree

    1

    Answered . 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... more
  3. Judith Ann Routledge

    Contributor Level 13

    1

    Lawyer agrees

    1

    Answered . 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.

  4. Jacques Tushinsky-Fox

    Contributor Level 12

    1

    Lawyer agrees

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

  5. Robert Andrew Michael Burns

    Contributor Level 17

    1

    Lawyer agrees

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

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

25,137 answers this week

2,937 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

25,137 answers this week

2,937 attorneys answering