File Response To Void Filed Default California Divorce
I wanted to just let folks know. And this is in regards to a default.
So in a Divorce in California when you file for Divorce the other party has 30 days to file a response.
If that party doesn’t file a response the other party can file what’s called a default or request to enter a default.
And it will basically kick the other party out from being able to participate.
Well, we had a client come in who thought his wife was being fair and honest with him and they were trying to go through an Amicable Divorce.
And he was being told by her attorney that he was going to be included. And there was no need to file a response.
And so he was going along and he wasn’t filing a response as the attorney instructed him.
And what they did instead was from all we could figure out is in looking at the case summary is they tried to tricked him in not filing a response so they could file a default on him and basically kick him out of the case.
And the reason they were doing this is because she had petitioned for, in her petition she filed for full legal and full physical custody.
And but she was telling him that he would get a joint custody in their agreement. And that’s what the attorney was drafting.
But when he called our office we ran a case summary. And we saw that not only that they file a request to enter default but they had also filed a judgment.
So I had to tell him basically she’s going to get everything she asked for in the petition which in this case specifically his concern was that she was going to get full legal and full physical custody.
So here’s the point of the story. When a default is filed, when we looked at the case summary which we did we could see that a week ago that a default had been entered in the case summary.
That doesn’t mean necessarily that it was entered by the court like it hasn’t the default has not been entered.
So two steps happened here, one, is they will when they receive the paperwork they will put it in the system.
But then it still has to go to the judge or the court clerk to sign off on a judgment because the case has to be reviewed to make sure things were done in a specific order and then they’ll enter the default.
So we called the clerk in the court room which is what he’ll have to do. And ask if the default had actually been entered.
And they said, ‘No. It had not been entered, only marked as received.’
So of course what we did is had our client, we filed his response immediately and now he’s in the case.
And basically that’s going to make them have to include him as a participant in the agreement because now he’s officially responded and is officially part of the case.
So just be aware if you’re going to go through an amicable case that’s being done correctly. And you need to trust but verify especially if there’s an attorney at the other end.
We’re not saying all attorneys do this of course. But in this particular case it seem like they were trying to pull a quick one on him.
But we were able to jump in literally at the last minute and kind of save the day to least allow him to respond and be able to participate in the Divorce and hopeful get equal access in custody to his children.
Please feel free to give us a call. I’ll be happy to provide you with a free phone consultation if you need assistance with your Divorce, 661-281-0266.