My ex filed for divorce and I didn't respond thinking it would make the divorce easier, he is now incarcerated and filed for default but did it incorrectly, is there a way I can file the FL165 ? He blocked me from sending him letters in jail and doesn't call me so I have no way or telling him to resubmitt the default and I don't want to start this process all over again.
You cannot, as you are not a party.What you can do is respond and finish the matter.
All of Ms. Straus’ responses are intended as useful information, based solely upon the facts stated in the question, and are not to be relied upon as a full or complete legal opinion. They may not be what you wished to hear, they do not create an attorney-client relationship. Ms. Straus has been licensed to practice law in California for 33 years. Ms. Straus regrets that she does not provide follow up free advice via email. She also regrets that blunt responses may be taken as "rude" by those who wished a different opinion. Good luck.
File the response to protect the default from being entered. If there are no financial or child custody issues, you may want to enter into a stipulated judgment. California is a no fault State, so you cannot prevent a divorce from occurring under most circumstances.
1. Assuming that the Petition for Dissolution of Marriage was filed in the State of California, in which city and county was the matter filed in?
2. Since the Request to Enter Default was not filed or it was filed incorrectly, you (as the Respondent) need to fill out, file with the court, and serve your Response (FL-120) to the dissolution of marriage as soon as possible before a Request to Enter Default is filed.
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