My husband file, we both agreed. We had no assets, and had lost the house. He was the petitioner. We both agreed so I didn't respond. Recently, I was filing for name change, and found out that Case is pending. In the paperwork that I have i found a "request to enter default" form, that I never got, 5 yrs later I get a copy in mail, as signed by judge, which I didn't paid attention to his request. Reviewing the Request to Default now, where he has all assets property, belong, etc even after separation. What happens now and what can I do after 17 yrs.
After 5 years under any standard, you would be hard pressed to do anything now. However, never hurts to show your paperwork to an experienced family law attorney.
Get all the documents form the court and go consult with a family law attorney, it seems that he entered your default but never followed up on entering a judgment.
This response will not create an attorney-client relationship between you and Sarieh Law Offices, and is not intended to serve as a legal advice in your specific circumstances. This response is a legal opinion based solely on facts represented and you should not rely on this legal opinion as a legal advice. You still need to consult an attorney directly to fully protect your legal rights.
You got lucky. Usually these cases are dismissed due to the fact that the parties never did anything to get it to conclusion. If it is actually still active, then you and your former to be spouse will need to either draft a stipulation for judgment or ask for a trial to complete the divorce. Since both of you didn't do what was needed, I strongly suggest you hire an attorney to get this done correctly.
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