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Can I respond to petition of divorce filed on 1/9/13 an d only got papers on 2 /12/13

Covina, CA |

Pension & stocks is what I believe is why delaying me time to respond.

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Filed under: Divorce
Attorney answers 3

Posted

It's a bit hard to understand just what your question is. (Please see this Guide: www.avvo.com/legal-guides/ugc/five-tips-for-how-to-ask-for-legal-advice-on-avvocom ) I should also say that I'm not licensed to practice in California, so I can't give specific advice on California law. All that said, the general rule is that response times are measured not from the date the petition is filed with the court, but from the date it's served on you. You must file a response within the deadline - which should be stated on the summons (probably about 30 days) measured from the date you got it. If you miss this deadline, excuses about pensions and stocks will not likely help you. And if you were served on February 12th, then you're very close to the deadline, if not over it already. You should consult with an attorney in your area immediately.

Please read the following notice: <br> <br> Jay Bodzin is licensed to practice law in the State of Oregon and the Federal District of Oregon, and cannot give advice about the laws of other jurisdictions. All comments on this site are intended for informational purposes only, and do not constitute legal advice or create an attorney-client relationship. No posts or comments on this site are in any way confidential. Each case is unique. You are advised to have counsel at all stages of any legal proceeding, and to speak with your own lawyer in private to get advice about your specific situation. <br> <br> Jay Bodzin, Northwest Law Office, 2075 SW First Avenue, Suite 2J, Portland, OR 97201 | Telephone: 503-227-0965 | Facsimile: 503-345-0926 | Email: jay@northwestlawoffice.com | Online: www.northwestlawoffice.com

Posted

You have thirty days from the date you were served with the documents to file a response, without having to be concerned about a default being entered against. After those first thirty days has elapsed, the other party can enter a default against you. So you can file your response to the petition anytime so long as no default has been entered against. If you have found this helpful and/or the best answer, please relay that information to the attorney by checking on the appropriate box below. It is greatly appreciated. Thank you.

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.

Posted

Not clear what you mean by Pension and Stocks delaying your ability to respond to the petition. You were served a little over 30 days ago. Go ahead and respond. If you want to know whether Petitioner has filed his/her request for entry of default, you can look your case up on the LA Superior Court's Web-site under "case summaries" Odds are, however, with only a few days past the 30 day cut-off, she/he has not yet filed his/her request.

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