4 Reasons Your California Divorce Request To Enter Default Is Rejected
Today we’re talking about reasons why you may get your request to enter default rejected.
We had a new client come to use after having their request to enter default rejected and there’s a specific reason why it is rejected and I’ve talked about that in detail because it was something new we hadn’t seen.
But I’m going to go over the top four reasons why your request to enter default will get rejected.
Number one, if your spouse filed a response, you can’t file a request to enter default. It’s only a default if there is no response filed so if a response was filed then your request to enter default will be rejected.
Keep in mind when you submit your request to enter default, it’s not like the other forms that you filed. It doesn’t get stamped right away and entered with the court. It has to sit on the clerk’s desk for a while in a pile and it usually takes them a couple of weeks, sometimes a month to get to.
So, if you’ve waited the thirty days, which is required after your spouse was serve to file your default, it may be as much as another month before it actually gets entered.
Even though thirty days have passed, your spouse can still go in and file a response and so you’d get this back rejected because the response will be entered immediately while the request to enter default would not.
Number two, since filing is a substitution of attorney, filing a notice of change of address. What this is referring to is if you file a request to enter default and the address is different.
Let’s just say your spouse moved and it’s different than the address on your petition, then you’re going to have to either do a change of address or you need to explain to the court why you’re serving the request to enter default at a different location other than the petition.
The next one is if you just simply make an error on the form. It says, the request to enter default is incorrect as to the case number. The name of the parties, the date, the signature or the request to enter default is premature. Meaning, you filed it before the thirty days elapsed.
Number four, proof of service is needed or is incomplete, so you cannot file a default unless you’ve filed your proof of service.
You file the documents, you serve the documents, and you file the proof of service telling the court you served the documents. Thirty days goes by, and then you file the default. If you don’t do it in that order it will be rejected. If you don’t file the proof of service, it’ll be rejected.
If you file the proof of service incorrectly or filled out the proof of service incorrectly, it will be rejected.
That was the top four reasons on top of the one I already mentioned in detail. You can go back a video and find it. It was in regards to having the same address on the petition when filing a default and the courts want to know why. So you can go back and watch that video as well.
Tim Blankenship, divorce661.com. If you have any questions please call the number on your screen. I’ll be happy to help you with your divorce anywhere in California.