California Default Divorce | You Cannot Ask For Anything On The Judgment You Did Not Request On The Petition
If you are attempting to complete your own California divorce and are proceeding by way of default (Other party did not respond and is not participating) then you most likely received a rejection of your judgment when you went to enter it.
Why do I say this? Because it seems like it is happening to everyone, and a lot.
So first, I wanted to let you know that you are not alone, if that makes you feel any better.
There are many reasons that your California default divorce can get rejected, but today we are specifically talking about the issue of asking for something on your judgment that you did not ask for on your Petition
See the slidehare below where you can see exactly what we are talking about.
Here is what it boils down to. If you are filing a default divorce, you cannot ask for anything on the judgment that you did not request in the Petition. More on that below the slideshare.
Let me talk a little about divorce procedure. When you file for divorce, you will file Petition. It let’s the court and the other party know what your “Request” are. You will notice that the specific language of the Petition says, “Petitioner’s Requests”
So you are letting the other party know what you are requesting in the divorce. If the other party does not have any problem with what you are requesting, then they may choose not to file a response and contest what you are requesting.
So it would not be fair if you did not request something in the Petition and then turn around and request something different or add requests you have not let the other party know about.
If you do this, the court will reject your default judgment.
If you will notice on the Judgment Reject Sheet above, it says that this person cannot ask for the child custody and visitation schedule on the judgment because it was not requested on the Petition.
This not only applies to child custody and visitation, but also to spousal support, and distribution of assets and debts.
I get at least one call a day from someone who has become completely frustrated by the process of trying to file their own default divorce in California and ask us to help wrap up their case.
We specialize in divorce in California and can help you through the divorce process whether you are just getting started, are somewhere in the middle of your divorce case or have taken it all the way to the end and had you divorce judgment rejected.
Give us a call. We would be glad to help you out.