089: Filing Request To Enter Default In CA Divorce When Spouses Live Together

Today we came across something interesting. We had a client who gives us a call. They were attempting to do their own divorce and they’re having trouble all along the way but specifically in the area of trying to file their request to enter default.

And when they came to us they had had the default rejected and it was for a reason that we hadn’t seen before. We’ve never had this problem and I don’t know if it’s because we are filing paperwork for folks in a professional manner and the courts know who we are or because these person are representing themselves.

But this is what it was in regards to. So the default was rejected, she had filed the request to enter default and it was rejected and the rejection letter from the court said, “If petitioner and respondent reside at the same address or the address of the respondent on the default request is different with the address on the proof of service, petitioner must submit a declaration under penalty of perjury explaining why.

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